The BC Civil Liberties Association (BCCLA) submitted a letter to the Vancouver Police Department (VPD) to express concerns regarding the arrest of Charlotte Kates. We ask that the investigation and charge approval process consider Ms. Kates’ constitutionally protected expression during its engagement. In support of this, we offer legal information and provide our opinion. We hope that the charges will not be approved. While Ms. Kates is aware of our involvement, we do not act for Ms. Kates but act in furtherance of our mandate to advance, protect and defend civil liberties and human rights in BC and across the country.
The concerns the letter highlights include:
- The lack of judicial oversight for the pre-trial conditions, which restricts Ms. Kates’ Charter rights for at least five months
- The conflation of political speech and hate speech, weaponizing the Code to silence particular political speech, namely statements in support of the Palestinian liberation movement.
- The misuse of hate speech provisions and the chilling effect of suppressing expression
