A high-profile legal controversy is unfolding in British Columbia after OneBC Party Leader Dallas Brodie announced she would launch a private prosecution against Charlotte Kates, a Vancouver woman investigated for hate speech.
Police arrested Kates in April 2024 following a speech at the Vancouver Art Gallery in which she called the October 7 Hamas attack on Israel “heroic and brave” and led a crowd in the chant, “Long live Oct. 7.” Investigators recommended charges of willful promotion of hatred and public incitement of hatred, but nearly 18 months later, the BC Prosecution Service has not yet made a decision.
Frustrated with the delay, Brodie announced outside Vancouver Provincial Court that she would file a private prosecution.
“This is a citizen’s right. I will be laying the information in the courthouse behind me, setting out the reasonable grounds on which I believe Charlotte Kates ought to be prosecuted,” Brodie said.
But can a private prosecution succeed where the Crown has yet to act?
What Is a Private Prosecution in Canada?
A private prosecution is a rare but legally permitted step where a citizen initiates criminal charges without the involvement of Crown counsel. While this safeguard exists to ensure access to justice, it faces multiple legal hurdles:
Initial Judicial Screening – A judge must first determine if reasonable grounds exist.
Subsequent Hearings – Even if it passes the first stage, the prosecution undergoes stricter review.
Crown Oversight – At any point, the Crown can take over and stay (drop) the prosecution.
Expert Legal Commentary
Former Crown prosecutor Rob Dhanu, KC, co-founding partner at Dhanu Dhaliwal Law Group, says the chances of Brodie’s prosecution moving forward are slim.
“Ultimately at the end of the day, this is political theatre, and it has even less chance of succeeding than a snowball’s chance in hell,” Mr. Dhanu said.
He noted that since police have already investigated and prosecutors are still assessing charges, a judge will likely stop the private prosecution at the first step.
“Most likely when the judge hears that the Crown is investigating at this stage and has not made a decision, she would fail at that first step,” he explained.
Even if it advanced further, Dhanu says the Crown has the authority to take over and dismiss the case.
Political Impact vs. Legal Reality
While Brodie may not succeed in her courtroom effort, she could still achieve a political objective.
“The one benefit here in terms of Ms. Brodie’s perspective is that it will at least shine a spotlight on the government’s inaction and then maybe that will spur them to take the next step,” Mr. Dhanu said.
The B.C. Attorney General’s Office pointed out that Brodie’s proposed terrorism charges may fall under federal jurisdiction, while the BC Prosecution Service reiterated that the hate crime file remains “under charge assessment.”
Why This Case Matters
This situation highlights several important legal and political dynamics in Canada:
Delay in Hate Crime Prosecutions – Raises questions about prosecutorial discretion and timeliness.
Limits of Private Prosecutions – Demonstrates how difficult it is for citizens to advance cases independently.
Intersection of Politics & Justice – Political leaders may use private prosecutions to pressure government action.
FAQs on Private Prosecutions in BC
❓ Can anyone launch a private prosecution in Canada?
✅ Yes. Any individual can file one if they believe a crime has occurred, but it must pass judicial review and is subject to Crown oversight.
❓ Why are private prosecutions so rare?
✅ Because most cases are pursued by Crown prosecutors, and the Crown can intervene and halt private cases at any stage.
❓ Does launching a private prosecution guarantee charges?
❌ No. It only starts a legal process. The Crown has the final authority to decide whether charges proceed.
❓ What does this mean for Charlotte Kates?
✅ Unless the Crown approves charges, the private prosecution is unlikely to succeed, but it increases public pressure on government decision-making.
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For more on how criminal law works in BC, visit our Criminal Defence Practice Area
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Final Word
At Dhanu Dhaliwal Law Group, our lawyers bring decades of courtroom experience in criminal law, family law, and immigration law. While private prosecutions are an important safeguard, they are rarely successful — especially in cases already under review by Crown prosecutors.
If you or someone you know is facing criminal charges in British Columbia, you need strong legal defence from experienced counsel.
Call Dhanu Dhaliwal Law Group today at 604-746-3330 to speak with our team.
External Authoritative Sources for SEO Credibility
Department of Justice Canada – Private Prosecutions
BC Prosecution Service
