Charges dropped against woman who pulled woman's hijab at Israeli flag raising protest

Hayfa Abdelkhaleq waving Palestinian flag as someone walks up behind her and pulls off her hijab. (Katelyn Wilson/CTV News).

The Crown has dropped charges against a woman who was filmed pulling another woman's hijab down during a protest at Ottawa City Hall.

The Israeli flag was being raised on May 14 to mark Yom Ha'atzmaut, Israel's independence day. Video posted to social media showed a woman giving the finger to the camera before pulling down the hijab of a woman waving a Palestinian flag.

Police later charged the woman, 74, with assault, mischief, and harassment by threatening conduct on May 23.

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On Wednesday, Crown attorney Moiz Karimjee said all charges would be dropped.

"The Crown is obligated to consider the reasonable prospect of conviction and public interest in prosecution at every stage of the proceeding in every case," Karimjee wrote.

Karimjee described the incident as "serious offence against law and order" and said the accused pulling the victim's hijab "violated her personal safety, sense of belonging to Canada and dignity." He also noted that the protest against Israel was personal for the victim. "The victim reported that many of her friends and family were killed in Gaza," he said.

Karimjee, however, also noted that the victim was engaged in a chant that could be considered problematic.

"The victim in this case was chanting, 'From the River to the Sea Palestine will be free.' While some give this phrase a peaceful meaning, an equally reasonable inference is that it is a call for genocide of the Jewish people," he said.

"I communicated to the victim that in my view the use of this phrase was problematic in this case. As a Crown, it is my duty to assess the public interest having regard to all the circumstances. The public includes all our community. At best, even if there is another meaning for this phrase, the fact is that it 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 noted that the accused has since apologized and has made amends since the incident, including a restitution payment, to cover some of the financial impact on the victim leaving Canada after the incident. The accused also had no criminal record and this was the first time she had ever been arrested and charged.

Karimjee also said the victim is supportive of the charges being dropped.