Private prosecution bid for Samidoun leader to face terrorism-related charges is rejected

British Columbia MLA Dallas Brodie filed the charges against Samidoun leader Charlotte Kates. The post Private prosecution bid for Samidoun leader to face terrorism-related charges is rejected appeared first on The Canadian Jewish News .

A private prosecution for terrorism-related charges filed by a British Columbia politician last summer against the Vancouver-based director of terror group Samidoun, was rejected by Canada’s Public Prosecution Service. In August 2025, Vancouver-Quilchena MLA Dallas Brodie filed against Charlotte Kates, director and international coordinator of Samidoun (Palestinian Prisoner Solidarity Network). The group was designated as a terrorist entity in both the United States and Canada in 2024.

The U.S. Treasury Department calls Samidoun “a sham charity that serves as an international fundraiser for the Popular Front for the Liberation of Palestine (PFLP) terrorist organization,” whose leadership includes Kates’ husband, Khaled Barakat. Public Safety Canada says Samidoun seeks the destruction of Israel and establishment of a Palestinian state in its place, advocates activities including violence, and is led by reported current and former PFLP members. Brodie, a OneBC MLA, said she acted after B.C. prosecutors declined to pursue charges against Kates, who was arrested by Vancouver Police in connection with an April 2024 speech she gave at the Vancouver Art Gallery.

Police recommended charges of wilful promotion of hatred and public incitement of hatred. A private prosecution allows someone who reasonably believes a criminal offence was committed to initiate proceedings by filing an information. It can safeguard against official inaction or bias but requires attorney general consent to prevent abuse.

In November 2025, Brodie wrote to Federal Justice Minister and Attorney General Sean Fraser, seeking consent, and noting, “You have both the mandate and the responsibility to address this threat directly. It should not fall to a provincial MLA to move this matter forward.” Her four-page information, filed at the Vancouver courthouse, explained that “Samidoun operates under an ideological objective of delegitimizing and dismantling the State of Israel, promoting terrorism and violence under the guise of political and humanitarian activism, and advancing an anti-imperialist doctrine that includes hostility and incitement toward Canada and its institutions.”

It alleges numerous offences under Criminal Code sections 83.18(1) – participation in activity of terrorist group; 83.19 – facilitating terrorist activity; 83.21(1) – instructing to carry out activity for terrorist group; 83.22 – instructing to carry out terrorist activity; 83.181 – leaving Canada to participate in activity of terrorist group; and 83.221 – counselling commission of terrorism offence. The acts Brodie referenced notably include Kates’ public glorification and calling for delisting of designated terrorist entities Hamas, Hezbollah, Islamic Jihad, and the PFLP; publicly praising the Oct. 7, 2023, terrorist attack and encouraging others to view such activity as legitimate; traveling to Lebanon to participate in the funeral of Hezbollah terrorist leader Hassan Nasrallah; conducting an event which included chants of “death to Canada” and burning a Canadian flag (at the same event, brochures and pamphlets were found, providing strategies to damage and sabotage infrastructure, specifically of “Zionist” targets); and social media posts two days after the assassination of two Israeli embassy staff in the United States, asserting that all Israeli embassy staff are “genocidaires and war criminals.”

Canada’s Public Prosecution Service (PPSC) explained in its May 2026 response that it considered Brodie’s evidentiary package, which included speeches, social media posts, and rally materials collected by her staff. Senior general counsel Sharon Steele noted the offences describe “particular acts that are prohibited when coupled with the described intents,” but, “having carefully reviewed the evidence against the requisite burden of proof and jurisprudence, we have concluded that the evidence and allegations do not reach the prosecutorial threshold set out by the Public Prosecution Service of Canada Deskbook for all criminal offences, namely, there does not exist a reasonable prospect of conviction.

Given that determination, we did not proceed with a further assessment of the public interest.” “The wrong decision” The PPSC said it was forwarding the evidence to the Royal Canadian Mounted Police “for any follow-up that they deem appropriate.” The CJN asked the RCMP if they received the package and opened an investigation but received no reply.

Brodie says she’s “very disappointed,” with the response. “Fraser must know he’s making the wrong decision here. Samidoun is a listed terrorist entity in Canada.

If we are not going to prosecute terrorists or founders of terrorist organizations, I really wonder why bother having listed terrorist organizations.” The CJN asked Fraser’s office how two decisions not to prosecute aligned with Ottawa’s commitment to combat hate. A Justice Ministry spokesperson responded that the commitment “is reflected in the recently passed Combatting Hate Act (Bill C-9).

A strong Canada safeguards every person’s freedom to protest peacefully and worship freely, while ensuring that no one is subjected to criminal acts of hate and intimidation that threaten public safety.” Asked if the outcome would be different had Bill C-9, the Combatting Hate Act (which comes into effect on July 18), been in force, they said the department “cannot speculate on the potential impact of legislation on matters that predated its enactment.” When Brodie filed in 2025, Centre for Israel and Jewish Affairs vice-president (Pacific) Nico Slobinsky called her action “a reminder that the BC Prosecution Service and Assistant Deputy Attorney General have had a Report to Crown Counsel recommending charges against Charlotte Kates sitting on their desks since June 2024.”

After learning this week that the prosecution was rejected two months ago, CIJA issued a new statement, echoing Slobinsky’s August comments, and adding, “the perceived lack of accountability for Ms. Kates and others, such as Sheikh Younus Kathrada, has a profound impact: According to a Jewish Federation of British Columbia survey, (93 per cent of) community members reported feeling ‘less secure’. Justice delayed is justice denied. The BC Prosecution Service must act without delay and prosecute Charlotte Kates.”

Time to “rock the boat” Brodie was unaware Jewish groups commented on her filing but said Jewish and other constituents were supportive and many accompanied her to court. “They (Jewish leaders) have not been as fierce as they should be and are way too politicized. They say, ‘don’t rock the boat’.

Well, you have to, it’s time.” She recalled that Vancouver police got a warrant to search Kates’ residence, “and they arrested her and recommended charges against her. But to get a prosecution for hate speech you need the consent of the provincial attorney general.

It was sitting there with charges approved by the VPD, which is a big deal by the way; it’s hard to get to the place of hate speech and an arrest and a search, so they had probable cause.” After prosecutors failed to act, Brodie said she pursued private prosecution for terror provisions rather than hate-speech, “because there was so much evidence: not only had she been screaming, encouraging intifada, but at one of her events, pamphlets about how to do a multi-pronged terror attack were distributed.” B’nai Brith Canada research and advocacy director Richard Robertson says it begs a longstanding question: “What was the point of taking the necessary step of listing Samidoun as a terrorist entity if it is still able to continue a large portion of its activities in Canada?”

Although its assets may be frozen and may no longer send money abroad, he said, “it can still influence, incite and indoctrinate. Its social-media platforms remain active, and Charlotte Kates continues to maintain a public profile.” Samidoun’s other Canadian director, Surrey resident Dave Diewert, attended a Vancouver protest earlier this month, publicly calling for ‘globalizing the intifada’, Robertson said.

“This demonstrates a disconnect between the steps Canada is taking to confront terrorism by listing entities and what the Criminal Code allows authorities to do in response.” According to Public Safety Canada, listing an entity as a terrorist group is one measure to combat terrorism, in addition to peace bonds, no-fly lists and passport revocation. Robertson says current laws focus on preventing material support for listed entities and those who commit terrorist acts or receive training on behalf of, under the direction of, or under the influence of such groups.

“But as society’s understanding of terrorism changes, the law must change as well.” If it criminalized leadership, membership, support for, or glorification of listed terrorist entities, “(Brodie) would not have needed to take the unusual step of filing a private prosecution. Law enforcement could have handled it.

Private prosecutions are not the solution; the solution is to amend the law,” Robertson said. Efforts should focus on ensuring the Criminal Code can confront “genuine threats posed by people who are members or leaders of listed terrorist entities, or who glorify them.” The Public Prosecution Service of Canada told The CJN that the Crown applies the evidentiary standard and public interest test to all prosecutions, as per the “Decision to Prosecute” guideline.

Spokesperson Alessia Bongiovanni added, PPSC “does not comment on ongoing investigations, cases under review, or the possibility of charges being laid,” and only becomes publicly engaged “if and when charges are laid.” New offence would bypass “specious arguments” Criminal lawyer Mark Sandler, chair of the Alliance of Canadians Combatting Antisemitism, believed Kates should have been prosecuted when the matter first came before provincial authorities. “For me, the evidence was compelling, if not overwhelming, that she had engaged in willful promotion of hatred against Jews and Israelis, and incitement of hatred likely to lead to a breach of the peace.

It was disappointing that the Attorney General didn’t find that there were grounds to proceed on it. I didn’t expect (Brodie’s) private prosecution to yield any different results because the matter had already been apparently determined by the Attorney General.” He insists the most important amendment that could be made to the criminal law “is the creation of the offence of willful promotion of terror,” which he said would bypass “some of the specious arguments that are being made that seek to protect such conduct.

It just leaps over all that.” Sandler, who consults and trains prosecutors and police forces on hate crimes, told The CJN that authorities too often conclude “that protests involving Israel are protected political speech as opposed to hate speech. There’s certainly a zone of protected speech, but when you are promoting Hamas – a genocidal, recognized terror organization dedicated to the extermination of Jews and Israelis – then how are you not willfully promoting hatred against Jews and Israelis?”

Israeli Canadians and Israelis are protected classes under Canadian law, he notes, “because you’re not allowed to preach hatred against identifiable groups based on national origin or on religion and so on. For me, even under the existing legislation there was a compelling case to be made against Kates, but it also highlights the fact that if they aren’t going to lay charges under these circumstances, all the more reason to introduce legislation that is unequivocal.” Brodie notes that no provincial official publicly supported her initiative.

“Not one. They’ll say, ‘it was a really good thing,’ but privately, of course.” She recalls the early days following October 7, “when hostage posters were being defaced and pulled down, it was sickening.

But we’ve allowed this deep toxicity of antisemitism and hate on Canadian streets to metastasize. It’s frightening and it’s wrong, and somebody has to stand up for what’s right. “Jews are the number one target of all this, but are not the only target, and this social ill never used to exist in Canada.

We had a peaceful country on this front, and Jews could live peacefully, and suddenly we’ve got this blossoming tumour coming out in quiet Vancouver, where you know, we never had a ‘Concordia University’,” she laughs. “Alternative path” coming to Toronto B’nai Brith’s Robertson said authorities should also be looking at Masar Badil. “Like Samidoun, it is intrinsically tied to the PFLP,” he said, explaining why B’nai Brith has called for it to also be listed as a terrorist entity.

Masar Badil also operates in Europe and is planning a November conference in Toronto, inviting supporters to “consolidate our power and political line in the face of rising repression that must be met with escalating action!” Robertson says Masar Badil emerged from an ideological split within the PFLP, with some members, such as Barakat, reportedly opposing the group’s straying from its Marxist-Leninist origins. “Many people associated with Samidoun are also involved, and the two organizations co-host events.

It’s our opinion that they’re one and the same.”