Toronto Mayor Olivia Chow has revealed that the city's police chief is being advised by a "lawyer at headquarters" not to pursue criminal charges against many individuals involved in anti-Israel demonstrations, citing concerns over Charter rights and the likelihood of convictions being thrown out.
Legal Advice Halts Arrests, Says Mayor
During an interview on Newstalk 1010's John Moore show on Monday, December 15, 2025, Chow explained that when she asked Police Chief Myron Demkiw why more arrests weren't being made at protests where lines appeared to be crossed, she was told internal legal counsel had intervened.
"They have a lawyer at the police headquarters to look at cases — 'OK, there's no hope of you getting anywhere, so don't bother,'" Chow stated, recounting the explanation given to her. She added that the chief told her charges are sometimes not laid because, due to human rights and Charter rights concerns, they often get "thrown out" by the Crown, leading to the question, "why keep doing it if it doesn't work?"
The Toronto Police Service later indicated that Chief Demkiw would "clarify" his comments to the mayor during a scheduled appearance on the same radio show on Tuesday.
Community Leaders Warn of Escalating Threat
The mayor's comments come amid heightened tensions and fear within Toronto's Jewish community, particularly following a deadly attack at a Hanukkah party in Sydney, Australia. Local politicians have expressed frustration with what they see as a lack of police action.
Councillor James Pasternak accused legal advisors of fostering "timidness" in policing pro-Hamas supporters, warning that "we are now heading into the abyss." He described weekly protests in the York Centre neighbourhood near Bathurst Street and Sheppard Avenue, which he says are intended to harass the local Jewish population, as there are no government offices or embassies in the area.
Pasternak, along with Councillor Brad Bradford and MP Roman Baber, reported being "harassed and threatened" by pro-Hamas supporters during a menorah lighting on Sunday, December 14. Despite a large police presence, no arrests were made.
"It's not just Toronto," Pasternak emphasized. "Ottawa and Queen's Park are a big part of this, too." He criticized what he called "passing-the-buck" by various levels of government and questioned Mayor Chow's impartiality, noting her past comments describing Israel's actions in Gaza as "genocide."
Police Cite Complex Legal Thresholds
In response to the controversy, Toronto Police spokesperson Stephanie Sayer clarified the service's position. "We all share the same concerns – we want a safe city, which must include addressing antisemitism and other hate crimes," she said.
Sayer explained that police can only lay charges when the legal threshold of "reasonable grounds" is met, and these types of offences are complex. She stated that investigators consult with the Ministry of the Attorney General, not an internal TPS legal team, to ensure requirements are satisfied.
"To be clear, when officers have reasonable grounds, they lay charges – we have laid almost 800 charges in relation to hate crimes since Oct. 7, 2023," Sayer noted. However, she acknowledged the frustration when charges are withdrawn and advocated for "clearer, more prescriptive hate-crime laws."
Pasternak and others remain unconvinced, pointing to specific incidents they believe warrant action. These include a man filming at a Jewish school while making threats, protesters dressed in disguise carrying what appeared to be a grenade near a major Walk with Israel event, and chants calling to "Globalize the Intifada," which Pasternak called "a call for mass murder."
"The events in Australia are a stark warning to Toronto," Pasternak concluded, referencing the Sydney attack. The debate highlights the ongoing challenge for law enforcement in balancing public safety, protest rights, and the legal complexities of prosecuting hate-motivated incidents.
