To: Attorney General, Honorable Doug Downey

cc: Deputy Attorney General, David Corbett &

Asst Deputy Attorney General (Criminal Division), Randy Schwartz

RE: Denouncing the Withdrawal of Charges in the Attack on Hayfa Abdelkhaleq

Dear Attorney General Downey, 

The Canadian Muslim Public Affairs Council (CMPAC)  denounces the decision by the Crown to withdraw the assault and harassment charges against Lorna Bernbaum, who violently attacked Hayfa Abdelkhaleq, a Muslim woman, by pulling off her hijab in Ottawa on May 14, 2024. The shocking footage of the attack was publicly seen by thousands of Canadians.

Ms. Bernbaum’s attack was not simply a personal assault—it was a hate crime that violated Ms. Abdelkhaleq’s religious freedoms in a public and violent way.  This was not only an affront to her dignity but also an attack on the fundamental freedoms enshrined in the Canadian Charter. 

The Crown’s withdrawal of charges sends a dangerous message, undermining the principles of justice and equality that are supposed to be the cornerstones of our legal system. Ms. Abdelkhaleq’s statement that she “felt pressured” to agree to Assistant Crown Attorney Moiz Karimjee’s withdrawal decision raises significant doubts about the impartiality of Canada’s justice system. It also raises questions about whether external influences swayed the Ottawa Crown Attorney’s office in a case that demands accountability.

This decision is not only an injustice to Ms. Abdelkhaleq; it betrays all Canadians. Ms. Bernbaum’s attack was a direct violation of Ms. Abdelkhaleq’s religious freedom and dignity. Such an assault on individual rights cannot and must not be tolerated in a society that claims to uphold multiculturalism and respect for all.

Most troubling is the victim-blaming rationale presented by Assistant Crown Attorney Karimjee. Ms. Abdelkhaleq’s expression of solidarity with the Palestinian people through the phrase “From the River to the Sea, Palestine Will Be Free” has been cleared of any hate-promoting intent by the Toronto Police in consultation with the provincial Attorney General’s office. The Crown’s treatment of this phrase as grounds for leniency is unacceptable and represents a wrongful politicization of a straightforward criminal offense. 

There is simply no justification for physical assault of a peaceful protestor, even if one feels aggrieved by the use of the words used by the latter. By accepting such a rationale, the Attorney General’s office risks setting a precedent that could lead to further violence against already vulnerable communities.

We are alarmed by the apparent lack of adequate training for Crown Attorneys on Islamophobia and Anti-Palestinian Racism. Canada has seen more lives lost to Islamophobic hate crimes in recent years than any other form of hate-motivated violence, including antisemitism. This is a crisis that demands action.

Another concerning aspect of the Crown’s decision is its failure to pursue the charge against Ms. Bernbaum as a hate-motivated crime. This decision casts doubt on the effectiveness of the Attorney General’s Hate Crime Working Group and its commitment to addressing hate-motivated offenses. A recent report reveals that this Working Group operates under a veil of secrecy, raising serious concerns about transparency and accountability (see article here ). Such secrecy undermines public confidence in Ontario’s prosecution services and their dedication to serving the public’s best interests.

We therefore demand the following remedies:

  1. Public Review: An immediate public review of the Crown Attorney’s decision to withdraw charges against Ms. Bernbaum, with a full investigation into the involvement of the Attorney General’s Hate Crime Working Group.
  2. Transparency: Immediate disclosure of the guidelines used by the Hate Crime Working Group, including a full account of how these guidelines inform hate-motivated criminal charges.
  3. Clear Definitions: Immediate adoption by the Attorney General of standardized definitions for Islamophobia and Anti-Palestinian Racism.
  4. Formal Training: Implementation of mandatory, comprehensive training for Crown Attorneys across Ontario to recognize and address Islamophobia and Anti-Palestinian Racism.
  5. Adoption of Findings: Immediate adoption of findings from From the River to the Sea: Palestine Will Be Free: A Primer on History, Context, and Legalities in Canada, produced by the Hearing Palestine Initiative, University of Toronto, dated December 18, 2023.

The gravity of this case demands nothing less than full accountability and transparency. We expect prompt action to address these concerns and to restore public trust in our justice system’s commitment to fairness, equality, and the protection of fundamental rights for all Canadians.

Sincerely,

Khaled Al-Qazzaz

Executive Director

Canadian Muslim Public Affairs Council