‘Not all actions which are inconsiderate or disrespectful of others are criminal,’ court rules
Shouting and hurling insulting language while protesting a drag reading event at a public library didn’t amount to criminal behaviour, a Calgary judge ruled Tuesday in acquitting a city preacher of two charges.
“My task is a narrow one,” the Calgary Court of Justice judge said, reading in portions of a lengthy 27-page judgment.
“It is to determine whether the Crown has proven beyond a reasonable doubt that the accused committed one or both of the criminal offences with which he has been charged,” Fradsham said, in finding Reimer not guilty of charges of mischief and causing a disturbance.
“Not all actions which are inconsiderate or disrespectful of others are criminal. The actions committed by Mr. Reimer on Feb. 25, 2023, in the Seton branch of the Calgary Public Library may have been many things, and some of them, on an objective basis, were inconsiderate and disrespectful of others, but … I am of the view that they did not cross the line into criminal acts.”
Fradsham noted that during his protest, Reimer first tried to interrupt the reading session by making his way into a program room where the event was taking place and after being ejected by some parents, he made further comments outside the room.
“Mr. Reimer was yelling,” he found.
“There is no evidence which allows me to determine what Mr. Reimer said. There is evidence that he made ‘some comments about Jesus,’ and I accept that, but beyond that I do not know what he said.”
Outside the room Reimer said: “to have a pervert dressed up like that is wrong and evil … That they’re having this pervert hour — we have this pervert hour at so many libraries … it’s perverted … We’re coming against this perversion, perversion of drag queens, perverting our children,” the judge noted.
But Fradsham said even though Reimer, 38, was both shouting and uttering insulting language, two of the components necessary for causing a disturbance, it was possible the only thing that temporarily interrupted the event was the preacher being thrown to the floor by a parent ejecting him from the room and not Reimer’s actions.
The judge also said the accused’s conduct didn’t amount to mischief by interfering with someone’s lawful use of a property.
“The operation of the Seton branch of the library by the Calgary Public Library Board continued unabated. The library stayed open, the library staff performed their duties, the public had access to the facility.”