Open Letter to the Crown Regarding it’s Decision to Withdraw Lorna Bernbaum’s Charges

November 1, 2024

Crown Attorney’s Office

Courthouse Ste. 3225
161 Elgin St.
Ottawa, Ontario K2P 2K1

VIA EMAIL: VirtualCrownOttawa@ontario.ca
cc. Carl.Lem@ontario.ca, Doug.Downey@ontario.ca

Dear Mr. Downey,

Re: The Crown’s Decision to Withdraw Lorna Bernbaum’s Charges

We, representing hundreds of groups across Ontario and Canada, write to express our profound disappointment and outrage at the decision to withdraw the assault and harassment charges against Lorna Bernbaum, who violently attacked a Muslim woman, pulling off her hijab, during a demonstration in Ottawa on May 14, 2024. The shocking footage of the attack was publicly seen by thousands of Canadians.

The decision to withdraw Ms. Bernbaum’s charges undermines the principles of justice and equality that our legal system is meant to uphold and raises significant concerns regarding public safety and the impartiality of Canada’s legal system. The incident in question involved Ms. Bernbaum approaching Ms. Hayfa Abdelkhaleq and forcibly removing her hijab—a deeply personal and religious garment, while Ms. Abdelkhalew was peacefully protesting. This act was not only a physical assault but also a targeted attack on Ms. Abdelkhaleq’s religious freedom and dignity. Such behaviour is intolerable in a society that prides itself on multiculturalism and respect for individual rights.

We are particularly disturbed by the victim-blaming rationale provided by the Crown, who cited Ms. Abdelkhaleq’s chant calling for freedom for the Palestinian people as a factor in the decision to withdraw the charge. Basing the decision to withdraw these charges because someone called for freedom is an egregious misapplication of the public interest test. More concerning is that this decision sends a chilling message suggesting that individuals protesting peacefully can be met with violence if others feel uncomfortable or offended by their message. This also unjustly shifts focus from the perpetrator’s violent actions to the victim’s lawful expression.

The public interest is best served by holding individuals accountable for acts of violence, especially those motivated by religious or racial bias and particularly, violence against women. Failing to prosecute in this case – and just as importantly, the rationale presented – sets a dangerous precedent. Allowing such violence to go unaddressed risks emboldening further actions against individuals expressing dissent and peaceful criticism. The justice system must remain an impartial arbiter, protecting everyone’s right to protest without fear of retaliation.

We ask the Crown to immediately remedy the situation by:

1. Releasing a public statement which sends a clear message that hate-motivated violence will not be tolerated and that the rights and freedoms of all individuals will be protected; and,

2. Setting new guidelines around this issue for prosecutors to ensure an injustice like this does not occur again.

3. Apply for reconsideration of this case, as per the “clearest of cases” rule set out in Ontario jurisprudence.

We look forward to your prompt response on this matter.

Sincerely,

The National Council of Canadian Muslims (NCCM) Canadian Muslim Lawyers Association (CMLA)
Abu Bakr Islamic Centre
Ahl-ill Bait Islamic Organization – Montreal Ahmadiyya Muslim Jamā‘at
Ajyal Islamic Center
Al Aqsa Musallah
Al Arqam Islamic Center
Al Huda Institute Canada
Al Mahdi Islamic Community Centre
Al Rayan Islamic Center – Courtice masjid
Al-Ghazali Centre
Al-Hedaya Islamic Center
Al-Ihsan Educational Foundation
Al-Nadwa Education Islamic Center
Al-Tawakal Musallah
Alabrar Muslim Association
Alliston Islamic Center
Anatolia Islamic Centre
Anjuman-E Anwarul Islam of Malton (Malton Masjid)

Ar-Rabbaniyah Foundation for Islamic Studies Canada Assalam Mosque
Association of Islamic Charitable Projects
Atlantic Muslim Resource Centre
Bait Ul Mukarram Islamic Society
Beit Nabala Masjid
Bel Agir Association
Calgary Islamic Centre SW Masjid (CICSW) Canadian Council of Imams
Canadian Council of Indian Muslims
Canadian Council of Muslim Women – Montreal
Canadian Muslim Civil Liberties Association
Canadian Muslim Healthcare Network
Canadian Muslims for Peace and Justice (CMPJ) Canadian Palestinian Association of Manitoba
Canadians for Indian Democracy
Carleton University Muslims’ Student Association (CUMSA) Center for Uyghur Studies
Centre Culturel Islamique de Québec
Danforth Islamic Center
Darul Khair Center Stouffville
Dawah Canada uOttawa
DawaNet
Deaf Muslims of Canada
Downtown Muslim Professional Network
Dufferin Muslim Centre
Fleetwood Islamic Acadamy Society of BC
Guildford Islamic Cultural Center
Hamilton Mountain Mosque
Healthy Muslim Families

High Level Islamic Centre
Hikma Public Affairs Council
Hope Through Clothes Canada
Huttonville Mosque
Ibrahim Jame Mosque
ICNA Sisters Canada
Ihya Academy
Imam e Azam Musalla Brampton
International Muslims Organization (IMO) Islamic Association of Nova Scotia
Islamic Association of Saskatchewan – Regina Islamic Centre of Kingston
Islamic Centre of Southwest Ontario
Islamic Centre of Waterloo
Islamic Circle of North America (ICNA) Islamic Institute of Toronto
Islamic Missionary Association
Islamic Society Of Markham
Islamic Society of Niagara Peninsula
Islamic Society of Richmond Hill
Islamic Society of Vaughan
ISNA Canada
iTrust Community Center
Jaffari Community Centre
Jame Abu Bakr Siddique
Jamia Masjid Ali-ul-Murtaza
Jamia Masjid Aulia Allah
Jamia Masjid Ghosul Azam
Jamia Masjid Gunbad-e-Khizra (Green Dome) Jamia Masjid Noor-e-Madinah – Montreal

Jamia Masjid Sayyidah Zainab
Jamia Riyadhul Jannah Airdrie
Jamia Riyadhul Jannah Maple Ridge Jamia Riyadhul Jannah Mississauga Jamia Riyadhul Jannah Saskatoon Jerusalem Community Services of Ontario Kamloops Islamic Association
Kanata Muslim Association
Kawartha Muslim Religious Association
Khalid Bin Al-Walid Mosque
Khayr Project Canada
Langley Islamic Centre
Leduc Islamic Center
London Council of Imams
London Islamic School
London Muslim Mosque
Madinah Masjid – Jamiat Ul Muslemin
Manitoba Islamic Assocation
Markaz Ul Islam
Markaz-Ul-Islam – Fort McMurray
Masjid Abu Bakr Al Siddique
Masjid Aisha – Niagara Falls
Masjid Al Abedeen Islamic Research Center of Canada Masjid Al Hidaya Toronto
Masjid Ali – BabulIlm
Masjid Aqsa Brampton
Masjid Ayesha
Masjid Bilal Muslim Association
Masjid e Aqsa
Masjid Lindsay

Masjid Moncton
Masjid Omar bin Khattab
Masjid Quba
Masjid Ul Taqwa
Masjid Usman
Masjid Uthman- Georgetown
Masjid Yusuf
McMaster Ahlulbayt Islamic Society
Meadowvale Islamic Centre
Moncton Masjid Association
Muslim Association Of Brantford
Muslim Association of Canada
Muslim Association of New Brunswick
Muslim Association of Woodstock
Muslim Neighbor Nexus (MNN)
Muslim Society of Prince Edward Island
Muslim Students’ Association of the University of British Columbia Muslim Students’ Association St.George Campus
Muslim Wellness Network
Muslim Women of Brant
Muslims of Shelburne Centre Masjid
Newmarket Islamic Centre
North London Islamic Centre
Nova Scotia Islamic Community Center (NSICC)
Orangeville Musalla
Ottawa Muslim Association
Ottawa Muslim Association (OMA)
Pickering Palestinian Association
Quraan Hadeeth Society of Canada
Rahma Foundation

Razavi Community Centre
Sabeel Youth Community Centre
SacredHand Canada
Salahuddin Islamic Centre
Salam Community Centre
Sarnia Muslim Association
Sayyidah Aisha Masjid – St Catharines
Scarborough Muslim Association
Scarborough Muslim Cultural Centre
Sheikh Ali Sufi Islamic Centre
South Nepean Muslim Community (SNMC)
Spiritual Society Mosque
Stittsville Muslim Association
Subhan Islamic Association
Syedah Khadijah Center
Syyadina Omar Farooq Scarborough
Taaseen Musalla
Tamil Nadu Multicultural Association of Canada
Tarbiyah Village Homeschooling Cooperative And Youth Group Tawheed Community Centre
Thaqalayn Muslim Association Sheridan
The Association of Palestinian Arab Canadians (APAC)
The Council of Islamic Guidance
The Message of Islam Foundation
The Mujaadilah Centre
Think for Actions
Thunder Bay Masjid
Timmins Islamic Centre
Toronto and Region Islamic Congregation (TARIC)
Toronto Islamic Center and Community Services
Ummah Masjid

United Muslim Organizations of Ottawa-Gatineau (UMO-OG) University of Ottawa Muslim Law Student Association University of Ottawa Muslim Students’ Association University of Toronto Muslim Students Association
Vernon Mosque & Islamic Centre
Windsor Islamic Association
York Region Muslims
Youth Coalition Combatting Islamophobia (YCCI)
Zainabiya Islamic Centre