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Kelowna RCMP investigating Remembrance Day disruption ‘from criminal perspective’

With the anger and frustration still raw over protests that disrupted many Remembrance Day services, there are questions about whether a little-known Canadian law could be used to prosecute the demonstrators. Rumina Daya reports – Nov 12, 2021

Kelowna RCMP didn’t mince words on Friday regarding Thursday’s Remembrance Day disruption, stating they are looking into the incident “from a criminal perspective.”

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The unofficial gathering at City Park on Thursday was mostly muted and sombre. But in a heartbeat, the mood changed to anger when a woman began publicly speaking — using a microphone and speaker — against COVID-19 health measures.

Many in the large crowd began shouting back at the woman, stating Remembrance Day wasn’t the place or time to air grievances.

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Later Thursday, RCMP said they would be investigating the incident, then announced on Friday they would be holding a press conference.

And during the press conference on Friday afternoon, Kelowna RCMP Insp. Adam MacIntosh said “the public deserves answers”

“The police are taking this very seriously,” said MacIntosh. “We’re looking at this from a criminal perspective, as well as working closely with our partners at Kelowna Bylaw Services to determine if other fines may be appropriate.”

On Thursday, MacIntosh said “Kelowna RCMP officers support a person or group’s right to protest, but, when they choose to willfully interrupt the assembly of citizens at a Remembrance Day ceremony, this is a step too far.

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“The Kelowna RCMP will be fully investigating this event to determine what offence, criminal or otherwise may have been committed and if appropriate the submission of charges or fines.”

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He reiterated the same comments Friday, while also reminding the public that police are seeking video, or sites that contain video clips of the disruption.

MacIntosh said video clips or links to websites with video can be sent to this email address:

KelownaRemembranceDayVideos@rcmp-grc.gc.ca

“If you are a witness to the event, we ask you to please come forward,” said MacIntosh. “And we also encourage any of the protesters; they have a voice as well. We would like to hear from them; we’d like them to come forward.”

Asked about the criminal perspective, and what criminal charges are possible, MacIntosh said they are eyeing Section 176, subsections 2 and 3 of the Criminal Code.

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“Basically, that section relates to the obstruction or violence or arrest of an officiating clergyman,” said MacIntosh.

“However, in the subsections, I’ll read to you: Everyone who willfully disturbs or interrupts an assemblage of persons met for religious worship, or for a moral, social or benevolent purpose is guilty of an offence punishable by summary conviction.”

MacIntosh continued, saying “this may have occurred yesterday, and that’s the objective of our investigation. It may also be that they simply committed a bylaw offence or some other provincial statute that we would look at. Or frankly nothing. This is the objective.

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“I think the public deserves answers as to what happened, and are expecting the RCMP to investigate that.”

Also asked about how police plan on distinguishing protesters from the public, the Inspector said they will be looking at those primarily involved.

“There are some obvious examples that are seen in the video that we could clearly know that a person was a protester. That being said, we can’t obviously purposely identify or easily identify all those who were there for that purpose,” said MacIntosh.

“And that’s part of the investigation, and that’s why we need people to come forward. Protesters as well. They have a voice; they may have something that they can articulate what their intention was and when they did that. And I think we have to be fair in that regard.”

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Since the incident, many comments have been posted to Global’s Facebook page, with arguments going back and forth about free speech, health measures, what veterans fought for and etiquette.

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