Teen in racist graffiti case won't be sentenced as adult, judge rules

A judge has denied a request to have a teen sentenced as an adult after he pleaded guilty to five charges stemming from a spate of racist graffiti incidents in 2016.

The teen — who cannot be named because he was a minor at the time of the offences — pleaded guilty in February to inciting hatred, mischief against religious buildings, threatening conduct, weapon possession and breaching conditions imposed after a previous conviction.

Between Nov. 13 and 19, 2016, the teen spray-painted racist slurs and symbols on two synagogues, a Jewish prayer house, a mosque and a church whose minister is black. 

He turned 18 soon after the offences took place.

• Racist graffiti spray-painted on Parkdale United Church, Ottawa Muslim Association
• Anti-Semitic graffiti spray-painted on Machzikei Hadas synagogue
• Ottawa woman wakes to find anti-Semitic graffiti spray-painted on her home

After the teen's guilty plea, Crown prosecutor Moiz Karimjee asked Ontario Court Justice Peter Griffiths to consider sentencing him as an adult, with the aim of maximizing his access to treatment to deal with his racist ideology, increasing the ability to monitor his movements, and designating him a long-term offender.

Griffiths denied that request in court Monday as the teen's sentencing hearing resumed.

Signs of progress

Karimjee argued the teen is showing signs that his racist ideology has not changed, exemplified by a fight he had with a Muslim youth while they were both in custody in June.

But in court Monday, Griffiths said the teen has shown signs of progress that risks being undermined if he's sentenced as an adult. The teen apparently told counsellors he's interested in finding out how to remove racist tattoos from his body, expressed an interest in mental health counselling, and has shown progress in paid vocational training while in custody.

If he were sentenced as an adult, he would also lose the connections he's made with youth counsellors at the Youth Services Bureau of Ottawa's William E. Hay Centre in Ottawa.

The public is best protected if the teen's rehabilitation is encouraged, Griffiths told court.

'I hope it's genuine'

The teen cast his eyes to the floor during most of the judge's decision.

His father, who has attended each day of the hearing, looked genuinely relieved with the result.

Rev. Anthony Bailey, whose church was targeted during the week-long racist spree, shook hands with the teen's father as he left the court room.

Outside, Bailey said the youth described by the judge is not the same person he met soon after the teen's arrest.

At that time Bailey spent an hour with the teen and offered him a chance at restorative justice, an alternative form of sentencing that includes meeting with victims. The teen refused.

"My hope is that it's a genuine change of heart and desire to grow," said Bailey outside the courtroom Monday. He added he hoped the progress noted by the judge wasn't just a "ploy" to avoid being sentenced as an adult.

Jewish federation 'disappointed'

"We're disappointed with the outcome," said Andrea Freedman, CEO of the Jewish Federation of Ottawa.

She described the hate spree as a "week of terror" that had a significant impact on Ottawa's Jewish community.

"It was frightening for people, in particular Holocaust survivors for whom it evoked some terrible, terrible memories," she said.

Final sentencing arguments will take place Aug. 28. The teen could also be sentenced on that date.