Ottawa’s Palestinian-Canadian community rejects justice system’s failure to hold man guilty of assaulting young woman accountable

That man is foreign national David Henschel, an arms contractor who, at the time of the assault, was in Ottawa attending CANSEC, Canada's largest arms trade show that features weapons suppliers, such as Elbit Systems, supplying the very weapons used in Israel's genocide in Gaza.

It was for this reason that our young community member, alongside many others, was peacefully protesting outside the conference.

As she exercised that democratic right, she was approached by the perpetrator who, as captured on video, struck her with a closed fist, knocking her unconscious. This is the same
man who, only moments earlier and also on video, loudly proclaimed, "I'm a f---ing racist and I'm proud of it."

For nearly two years, the young woman and her family patiently waited for justice. It was a case that many believed would result in accountability given the facts: an adult, military-trained man proclaiming his racism before striking a young woman noticeably smaller than him with such force that she was knocked to the ground - all in front of police officers and witnesses, and all captured on video.

Yet despite this overwhelming evidence, and despite hearing directly from the victim and members of the community about the profound impact of this assault, the court granted the perpetrator an absolute discharge.

The judge spoke of the hardship the perpetrator endured while living with the uncertainty of whether he would receive a criminal record or face prison time. But what of the hardship endured by the victim? What of waiting more than two years through repeated delays, only to be told that the man found guilty of assaulting you will receive no criminal record, no prison sentence, and ultimately no consequence?

In fact, the only real penalty imposed was a $5,000 fine for failing to appear at a previously scheduled sentencing hearing, sending the unmistakable message that, in this case, failing to appear in court carried a greater consequence than violently assaulting a young woman.

The decision was met with heartbreak, anger, and profound disappointment by the victim, her family, and the many community members who stood beside them in the courtroom. The victim and her family's disappointment was compounded by the “agreed statement of facts” used in the hearing which did not reflect consultation with the victim, despite ongoing requests from the family to do so, and gravely misrepresented the facts surrounding the incident, suggesting the victim had ‘briskly approached the perpetrator’.

Unfortunately, this decision does not stand in isolation.

Our community has increasingly become the target of violent assaults, often motivated by anti-Palestinian racism, anti-Arab racism, and Islamophobia. We have seen community
members, including children, have hot liquids thrown at them in public. We have seen a woman have her hijab ripped from her head. We have seen people spit on members of our community while simply exercising their right to protest.

Time and again, our community has watched these cases move through the justice system without meaningful accountability. Many believed this case would finally be different because of the severity of the assault and the overwhelming evidence.

Instead, the justice system has once again failed to hold accountable someone who committed violence against a member of our community. The result has left the victim, her family, and the broader communities they represent feeling unsafe and with a profound sense of disbelief that the justice system could fail so completely in a case that appeared so clear. We recognize that sentencing is one of the most difficult responsibilities entrusted to judges. A sentence must balance denunciation, deterrence, rehabilitation, and proportionality. But we say, without hesitation, that the judge got it wrong.

In presenting the perpetrator's military service as evidence of his commitment to protecting democratic rights and freedoms, the court not only adopted a remarkably naïve view of the circumstances before it, but also demonstrated a willingness to make assumptions about the perpetrator's intentions that were not supported by his own actions. Likewise, the conclusion that the assault was not motivated by hate, despite the perpetrator's own recorded declaration - "I'm a f---ing racist and I'm proud of it" - is difficult for our community to understand or accept.

As a community, we stand united in rejecting this decision.

We are aware that a notice of appeal has been filed. However, after more than two years of seeking justice in such a clear-cut case, there is deep and understandable skepticism that this process will ultimately deliver the accountability the victim deserves. Nevertheless, we will continue to stand beside the victim and her family, and we will continue demanding justice and accountability.

We leave those reading this statement with two questions.

What message does it send that a military-trained man can strike a young woman with a closed fist, knock her unconscious, be found guilty, and walk away without a criminal record or prison sentence?

And what message does it send when failing to appear for a court hearing results in a harsher penalty than violently assaulting a young woman?

Signed by:

Association of Palestinian Arab Canadians (APAC)
Coordinating Council for Palestine
Canadians for Palestine
Jerusalem Community Service of Ontario
INSAF
Labor for Palestine - Ottawa
Ottawa Run for Palestine
Palestinian Students Association - Carleton University
Palestinian Students Association - University of Ottawa
Palestinian Youth Movement - Ottawa
Students for Justice in Palestine - Carleton University