In a win for free speech advocates, Crown prosecutors have withdrawn a charge against street preacher Jeffrey Sapocinik, who was arrested for expressing religious views during Toronto’s 119th annual Santa Claus parade.
The charge, dropped just one day before trial, ends a legal saga that raised serious concerns about censorship in public spaces.
The case stemmed from Sapocinik’s decision to speak out near the parade route on November 26, 2023, criticizing what he viewed as the secularization of Christmas and the “adoration of Santa Claus.”
His remarks, though non-violent, reportedly upset some attendees, prompting police to intervene. Officers charged him with “disturbing a social gathering” under section 176(2) of the Criminal Code.
Sapocinik’s legal team, funded by the Justice Centre for Constitutional Freedoms, argued the charge was both inappropriate and unprecedented.
The section in question has historically been used to protect solemn or private events — such as religious services or indoor ceremonies—not large, public outdoor gatherings like a parade.
“Section 176(2) has never been used to protect large, public, outdoor social gatherings,” said constitutional lawyer Chris Fleury. “When people have been convicted under that section, it is for disrupting private settings like a classroom or banquet hall.”
Fleury pointed to a 2005 Supreme Court of Canada decision affirming that public streets are traditionally venues for a wide range of expression. He also noted that this same section had once shielded religious leaders from prosecution during Covid-era restrictions.
With trial scheduled for April 3-4, prosecutors notified Sapocinik’s lawyers on April 2 that the charge would be dropped.
“I would like to personally express my utmost gratitude to the Justice Centre for Constitutional Freedoms for choosing to fund my legal defence,” said Sapocinik. “Their help alleviated what may have been a financial burden.”
Fleury called the original charge “perverse and unprecedented,” emphasizing that no similar case had ever been reported. “We are pleased to see the Crown withdraw all charges,” he added.
