Adil Charkaoui speaks at a news conference in Montreal on Friday, February 27, 2015. (Photo by Paul Chiasson/The Canadian Press)
Quebec’s Crown prosecution office has decided not to press charges against Montreal imam Adil Charkaoui for comments he made at a pro-Palestinian rally last fall. In November, the Royal Canadian Mounted Police (RCMP) began investigating Charkaoui after he delivered a speech following the Israel-Hamas conflict. In his speech, he allegedly prayed for God to "take care" of the Israelis, as translated by The Canadian Press.
The RCMP's Integrated National Security Enforcement Team (INSET) led the investigation and passed the case to Quebec's Director of Criminal and Penal Prosecutions (DPCP) to determine if criminal charges were warranted. On Thursday, the DPCP announced that after a thorough review of the evidence, they found no basis for criminal charges.
An official complaint was filed with Montreal police on November 6, who then referred the case to the national police. The complaint focused on Charkaoui's remarks made on October 14 and 28 during the Israel-Hamas conflict. Quebec Premier François Legault had called for a police investigation, stating that the comments seemed to incite hatred and violence. Leaders of opposition parties also felt Charkaoui’s speech was unacceptable.
According to the Criminal Code, public incitement of hatred is defined as making a public statement that "incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace." The DPCP reviewed the complaint with three criminal prosecutors and concluded that the evidence did not prove beyond a reasonable doubt that Charkaoui’s words constituted incitement to hatred against an identifiable group, as required by law.
The DPCP emphasized that their role is to determine if a criminal act occurred, not to comment on the social acceptability of public speech. They also highlighted that their decision-making process is independent of political considerations, ensuring impartiality. The principle of a reasonable prospect of conviction is a guiding factor for prosecutors in deciding whether to lay charges.
