The accused was tried on summary conviction charges of inciting hatred and causing a disturbance arising from a protest outside an all-ages drag event at a church.
Applying the Supreme Court's restrictive definition of hatred and the objective contextual analysis under s. 319(1) of the Criminal Code, the court held there was a reasonable doubt that the impugned statements targeted the LGBTQ+ community as an identifiable group rather than the holding of an all-ages drag show and the persons directly involved in it.
The accused was therefore acquitted on the inciting hatred count.
However, the court found beyond a reasonable doubt that her shouting and insulting language interfered with the ordinary use of the sidewalk by parents and children attempting to enter the event, and convicted her of causing a disturbance under s. 175(1)(a).
