Ottawa Holocaust Memorial Desecration, Violent Swarming in Oshawa, and New Funding to Expand B.C.’s RCMP Hate Crimes Unit
- Rochelle Direnfeld
- Jul 6
- 5 min read
Updated: 11 hours ago
Hate Crime & Legal Update – Week of June 30, 2025.
Ottawa Holocaust Memorial Desecration: Accused Detained on Harassment and Mischief Charges
Last week, ALCCA's Chair reported on the arrest of Iain Aspenlieder, 46 in relation to the June 9, 2025 desecration of the National Holocaust Monument in Ottawa. He was arrested on June 27 and held for a bail hearing, which was conducted the next day on June 28. After a full hearing, the presiding Justice of the Peace reserved judgment until July 2, 2025. In lengthy and thorough reasons, His Worship detained Aspenlieder in custody pending trial. We cannot report on the evidence called or His Worship’s reasons given the court-ordered publication ban (an order routinely made at bail hearings).
As previously reported, Aspenlieder is charged with three offences under the Criminal Code:
Mischief to a War Memorial
Mischief exceeding $5,000
Criminal harassment of the Jewish community by threatening conduct
The first two charges are no surprise. It is alleged that Aspenlieder vandalized the National Holocaust Monument by painting the words “FEED ME” in red paint on the side of the building. Mischief is the appropriate and common charge laid for the offence more commonly known as vandalism.
Mischief to a War Memorial (Section 430(4.11)) is an offence that specifically addresses vandalism to war memorials. It is defined in the Criminal Code as follows:
Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction.
The offence, unlike the conventional charge of mischief exceeding $5,000, carries a minimum penalty of:
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to imprisonment for not less than 30 days;
The third charge of Criminal Harassment by Threatening is the most interesting and novel charge in these circumstances. It is alleged that, by vandalizing the National Holocaust Memorial, Aspenlieder criminally harassed the Jewish community by threatening conduct.
I previously wrote about the use of the charge of criminal harassment in cases of hate-motivated doxxing. As discussed in that previous legal analysis, the “threatening conduct” must amount to a “tool of intimidation which is designed to instill a sense of fear in the recipient”. The conduct in question must be viewed objectively and the question to be asked is, “would the accused’s threatening conduct cause a reasonable person in the complainant’s situation to fear for her safety?”
In this case, the prosecution will need to call evidence to demonstrate that the accused, by vandalizing the National Holocaust Memorial, intended that act as a tool of intimidation designed to instill a sense of fear in the Jewish community and that a reasonable person, in the shoes of members of the Jewish community, would likewise fear for their safety.
This will be a factual determination for the trial court to make, but in the context of the increasing, non-abating number of hate-motivated criminal incidents against the Jewish community, that are increasingly more violent, it is well arguable that this charge is entirely appropriate.
We look forward to reporting further on this case.
Violent Swarming in Oshawa Under Hate Crime Investigation
On July 3, Durham Regional Police reported that it is investigating a violent swarming that took place in Oshawa the previous day. When one suspect, who attempted to take an item from the store, was confronted by the victim/owner, other suspects jumped behind the counter, swarmed and assaulted the victim. It has been alleged that during the attack, the owner’s hijab was pulled off and she was violently struck in the head.
Durham police have indicated that they are aware of existing video surveillance and that all motives, “including the potential that this was a hate-motivated offence” will be considered part of the investigation. The Durham Hate Crime unit is working alongside other investigators. Readers should be careful about recirculating the video surveillance footage that has already been made available online. Durham Police have indicated that they believe the suspects may be young persons under the Youth Criminal Justice Act and publication of this video may be a violation of the privacy provisions of that Act.
ALCCA opposes hate crimes directed against targeted identifiable groups or their members and we support the robust investigation of this matter as a potential hate crime. There should be zero tolerance for hate crimes against any vulnerable group, regardless of religion, national or ethnic origin, colour, sexual orientation or gender identity and other protected classes. This is something all communities should be united on.
New Funding in B.C. Expands RCMP Hate Crimes Unit, Bolstering Court Support and Victim Assistance
B.C. is stepping up its fight against hate-motivated offences by increasing the staffing capacity of the B.C. hate crimes unit, led by the B.C. RCMP.
The Province is investing more than $734,000 to support the B.C. hate crimes unit by adding five additional RCMP officers and one intelligence analyst, increasing the unit’s capacity to a team of eight. The funding is part of the Province’s $230-million investment into the provincial police service.
In British Columbia, police-reported hate crimes rose by 23% from 2022 to 2023. Specifically, hate crimes motivated by race or ethnicity increased by 12%, those linked to religion surged by more than 50%, and incidents related to sexual orientation jumped by 43%.
The funding will strengthen investigations throughout the criminal-justice process by ensuring police are equipped with the necessary information and required evidence for prosecutors to conduct thorough charge assessments. It will also support court processes through expert testimony and help support witnesses and victims of hate-motivated crimes.
This proactive approach could serve as a model for other provinces seeking to strengthen their response to hate-motivated crimes.
About the Author
Rochelle Direnfeld is ALCCA's Senior Criminal Counsel. She was called to the Ontario bar in 1990 and has served in the Ontario Public Service for over 32 years as an assistant crown attorney, deputy crown attorney, crown counsel, and finally as a deputy director for Toronto Crown Attorneys in the Criminal Law Division of the Ministry of the Attorney General. Rochelle retired from public service at the end of 2023. During her career, Rochelle prosecuted a wide variety of Criminal Code cases in the Ontario Court of Justice, Superior Court of Justice, and the Ontario Court of Appeal.
Rochelle focused a large part of her career on youth criminal justice, developing policy as well as training and lecturing crowns, the defence bar, the judiciary, and the police. Since 2018, Rochelle has been committed to battling hate-motivated offences and has sat on the Attorney General’s Hate Crime Working Group, providing legal advice to crown counsel and police on hate crimes. In the aftermath of October 7, Rochelle returned to work with the Hate Crime Working Group at Crown Law Office - Criminal until November 2024. Rochelle also serves as vice-chair of the Board of Directors of BOOST Child and Youth Advocacy Centre, a wrap-around agency serving children and youth who have been victims of abuse, as well as their families.