Crown response to egg-tossing incident called a 'missed opportunity' to denounce racism

People of colour are reacting with anger and disappointment to a decision to drop a charge against a man who disrupted a Black Lives Matter march if he completes an alternative measures program. 

The decision was revealed last  week when Scott Beattie, 47, appeared in court in Moncton. He was accused of throwing eggs and yelling racist slurs at people taking part in the march in Moncton on June 1.

Race commentator Clinton Davis says Beattie is being allowed to "walk away with barely a slap on the wrist" and have what he did "written off as an anger issue or maybe a guy having a bad day."

The RCMP initially recommended he be charged with assault and inciting hatred.

But the charge approved by the Crown was mischief

"It was pretty clear it wasn't mischief that was happening there," Neil Clements, one of the only Black lawyers in New Brunswick, said during a panel discussion Monday on Information Morning Moncton.

"It was racial discrimination. It was very angry and of the highest level disgusting discrimination. And everybody saw it. Everybody heard it."

In video of the event, a person can be heard screaming the N-word and suggesting the people in the march should be lynched.

"It's obvious to me that a crime has been committed," said Clements. "What I see is a very angry and hateful individual."

"No one should have to put up with this kind of disgusting activity."

Davis and his collaborator, Fidel Franco, from the Black In the Maritimes podcast, took a similarly harsh view of Beattie's alleged behaviour, saying the way the case has unfolded will do more to encourage similar incidents in the future than to discourage them.

"It … sends a message to angry, racist people," said Davis, "that in the eyes of the courts it is ok to scream racist slurs at people of colour, as well as dehumanize them by hurling objects at them."

The relatively minor charge and the chance that Beattie may be able to walk away with no criminal record are evidence of systemic racism, they said.

"It really appears to the public and to us that the rights and protections of people of colour are not being considered by the courts of New Brunswick," said Davis.

Franco said white privilege is a factor.

"People are more lenient when a person does something that doesn't affect them directly," he said.

Clements said he regularly sees legal decisions that are based on the perspectives of the vastly white members of the bench and bar.

It's up to the New Brunswick attorney general, he noted, whether racial discrimination complaints are pursued, whether in the courts or the Labour and Employment Board. 

Clements said he doesn't think it's appropriate to have "gatekeepers" making those decisions.

He is calling for the creation of a racial discrimination offence in the Criminal Code of Canada.

If such a law existed, said Clements, he could have pursued charges against the people who yelled the N-word at him and his colleague while they were walking in Saint John last winter.

"They're screaming this as they drive down King Street," he said.

Because there isn't a standalone law against racial discrimination, "I have to put up with that."

"My community members have to put up with that," said Clements.

Section 319 of the Criminal Code of Canada is reserved for "the most intense forms of dislike."

In Clements's mind, Beattie's words and actions meet that standard.

He acknowledged, however, that there is very little legal precedent on which to build a case.

And that alternative measures are a way to at least get Beattie to admit his wrongs.

"Had they lost that case, that would have been devastating for my community," said Clements.

"It would have set a negative precedent."

Opting for alternative measures is common practice, he said, but usually there are details about the program.

He wonders whether Beattie will be sent for diversity training, anger management or some other kind of therapy.

Other hallmarks of alternative measures cases are that the accused has no past criminal activity and has shown remorse.

Clements is unsure whether that came across in court in the Beattie case.

"They followed the process and it's absolutely available, but I think this particular charge misses an opportunity to communicate to our society, to our communities, that this is absolutely unacceptable behaviour," said Clements.

Davis agreed, it "would have been a landmark opportunity to show that equality is important in New Brunswick."

"If we're going to bring people here we have to protect them," Davis said.

The province needs to do more, said Franco, in terms of lawmaking and getting more people of colour as judges and police officers.

Beattie is due back in court in February.

For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.