"Maybe I have no right as a Muslim woman to be in Canada": Responses to Charges Being Dropped Against Woman Filmed Pulling Pro-Palestinian Protester's Hijab

Abdelkhaleq, who was waving a Palestinian flag at a pro-Palestinian demonstration in Ottawa in May 2024, had her hijab pulled by Bernbaum who was on her way to a celebration of Israel's Independence Day. The incident was captured on video.

According to the CBC, in an 11-point statement read to Justice Trevor Brown,  assistant Crown attorney Moiz Karimjee explained the decision to drop the charges in the following way:

Karimjee stated that Bernbaum's actions are "a serious offence against law and order"

Karimjee stated that Bernbaum's actions "violated [Abdelkhaleq's] personal safety, sense of belonging to Canada and dignity."

Karimjee explained that Abdelkhaleq in her victim impact statement left her job and Canada because she didn't feel safe anymore

Karimjee explained that the assault also affected the sense of safety and belonging of other members of Canada's Arab, Palestinian and Muslim communities

Karimjee stated that Abdelkhaleq's use of the chat 'From the River to the Sea, Palestine' will be free was "problematic"

Karimjee stated that "Chants at a protest cannot call for genocide of a people. While some give this phrase a peaceful meaning, an equally reasonable inference is that it is a call for genocide of the Jewish people."

Karimjee stated that "The fact is that [the chant] is perceived by many Jewish and non-Jewish persons as being a call for genocide of Jews. It sounds counter-intuitive to protest a perceived genocide of Palestinians while using a phrase where one interpretation is a call for genocide of the Jewish people."

Karimjee stated that Abdelkhaleq had a right to protest "what she perceived to be the Israeli occupation and genocide of the Palestinian people."

Karimjee stated that Bernbaum had made amends by:

• admitting her wrongdoing
• conveying an apology to Abdelkhaleq through the Crown
• offering a restitution payment
• speaking with a Muslim community representative to understand the significance of the hijab to Muslim women, and the importance of the right to protest

Karimjee stated that Abdelkhaleq supported these charges being dropped.

However, in an interview with CBC reporter Campbell MacDiarmid, Abdelkhaleq denies that she supported having the charges dropped.

In the interview with CBC, she explained that:

"she had felt pressured to agree to the Crown withdrawing charges and felt that if she did not, she could face action herself. 'I'm not happy. I'm just really shocked,' she said. She deplored Karimjee's characterization of her chanting as being open to interpretation as a call to genocide. 'Oh my God, I can't believe that,' she said, comparing it to being told there is no right to chant 'Free Canada.' Hearing the way Karimjee characterized her chanting had the same impact on her as the initial assault, she said. 'Like I have no right to say 'freedom,' I have no right to say 'peace,'' she said. 'I'm just saying it.' Abdelhaleq said there's no comparison between her words and the actions of Israel in Gaza, where she said her family was being bombed. "I'm calling for freedom, basically," she said. 'I didn't touch anyone, I didn't hate anyone.' The Crown's decision made her doubt whether she would return to Canada, she said: 'Maybe I have no right as a Muslim woman to be in Canada.'"

Justice for All has organized a email campaign addressed to the Attorney General of Canada and the Assistant Deputy Attorney General to demand justice for Hayfa Abdelkhaleq. To learn more about this campaign, click here

Responses to the Crown's decision posted by organizations on social media include:

Amira Elghawaby, Canada’s Special Representative on Combatting Islamophobia

The outcome of this case has led to upset and anger.

Here’s what’s clear:

This was a criminal case of hate-motivated assault of a Muslim woman. There cannot be any excuse for it.

The perpetrator admitted to the wrongdoing, paid restitution to the victim, and received education on the hijab’s significance.

The suggestion that the decision to drop the charges was somehow related to the victim exercising her freedom of speech sets a dangerous precedent, undermines faith in our justice system and calls our Charter rights, freedoms & safety into question.

Arab Canadian Lawyers Association

Another disturbing ex. of anti-Palestinian racism in criminal system. Crown determined FTRTTS chant was a defence to an assault. "Anyone chants this at his or her own peril...." @MinJusticeEn must investigate how APR is criminalizing Palestinian advocates

Canadians for Justice and Peace in the Middle East (CJPME)

Shocking example of anti-Palestinian racism and Islamophobia!
To be clear, prosecutors are allowing an attacker to get away with an Islamophobic and anti-Palestinian hate crime, on the grounds that the victim called for Palestinian freedom.
This is outrageous and an ominous sign of where things are headed.

National Council of Canadian Muslims (NCCM)

We are greatly angered and disturbed after the Crown recently decided to withdraw charges against an individuals who was filmed attacking a Muslim woman earlier this year in Ottawa, at a rally for Palestinian human rights.
Thousands of people have seen the disturbing footage, which shows the person pulling off the woman’s hijab.
Absurdly, the Crown cited, among other things, the victim’s chanting for freedom as a reason for their decision to withdraw.
Islamophobic violence and anti-Palestinian racism cannot be tolerated anywhere.
Our justice system has a responsibility to investigate and prosecute these cases.
Not to let them slide by without consequence.
This is a terrifying precedent that enshrines victim blaming as an approach for the Crown to take if a woman is assaulted.

Muslim Advisory Council of Canada

We are deeply dismayed by the withdrawal of charges by the prosecution in the hijab-removal case in Ottawa. This decision sends a troubling message to hijab-wearing women across Canada, undermining their safety and trust in our justice system. Acts of hate must not be excused or dismissed. Muslim women deserve full protection under the law. In their reasoning, the prosecution spoke of balancing the public interest and the use of “from river to sea, Palestine will be free” as being interpreted as a chant in favour of genocide. This is utterly untrue and extremely disappointing to hear from the prosecution. There is a great deal of public interest in ensuring Muslim women are not targeted for simply exercising their right to protest.