“HAD MR. HENSCHEL REFLECTED, I’M CERTAIN HE WOULD NOT HAVE DONE IT,” SAYS THE JUDGE.
In May 2024, arms contractor David Mikha’El Henschel forcibly struck down a young pro-Palestine protestor after she verbally confronted him for attending the CANSEC weapons conference and arming Israeli forces. An agreed statement of facts has confirmed that moments prior, he exclaimed: “I’m a fucking racist, and I’m proud of it.”
Henschel was subsequently arrested but was still able to catch his flight back to Switzerland after having received a prompt court hearing. Over two years later, and after many delays, his trial date was set, and community members donning keffiyehs filled out an Ottawa courtroom (twice) in support of the victim.
On July 22, Justice Norman Boxall said: “The impact on the community is before me and significant.”
Henschel did not attend the original trial on July 13, nor did he provide the court with advance notice. On July 22, Judge Boxall viewed Henschel’s previously unjustified absence with sympathy, noting that it can be frightening to appear in a foreign court.
Henschel’s health conditions (PTSD and diabetes) were taken into consideration, as the judge agreed traveling could have negative implications for his health. The judge said the prior absence would be “of minimal weight in determining” his ruling, but issued a $5000 victim surcharge to be paid to the court.
Henschel, who had pleaded guilty, received an absolute discharge with no probation requirements at his rescheduled trial on July 22 at the Ottawa Courthouse.
“The offence is situational. The consequences to him have been significant,” says the judge.
The judge placed significant emphasis on the court procedure itself being punishment enough for the accused, with no mention of similar impacts on the victim. Given his experience in Canada, the judge said Henschel is unlikely to return and doesn’t need conditions to deter him.
The judge noted that having his name publicized, the shame of seeking reference letters, losing his job, and the damage to a reputation he had spent a lifetime attaining was substantial. Additionally, there was “no requirement for rehabilitation,” because “he’s taken significant steps to address his own shortcomings,” such as therapy.
“I find Mr. Henschel is not a racist…He spent 20 years in the military to protect democracy,” says the judge.
Henschel’s military background and age proved central to the judges’ decision that he was not racist.
The judge repeatedly stated that Henschel had fought for democracy and against genocidal values, holding that “aggravating factors were not present” in the case. The judge cited the lack of prior hate crimes or criminal record as further proof that the assault was not racially motivated.
The fact that Henschel was 58 years old proved important to the ruling, as the judge said a racist wouldn’t suddenly premeditate an act at such a late stage in their life. These arguments sparked criticism from community members, with one individual saying on their way out of the building: “I’m 58. Does that mean I can hit someone with no consequences?”
“This was an emotional situation; he failed to control his emotions,” says the judge.
The judge affirmed individuals’ right to protest, and added that “protests are emotional for everyone.” He went on to say that Henschel was called a racist and a supporter of genocide by people “who knew nothing about him” and sought to hurt attendees like himself emotionally.
While the defence had argued low blood sugar had made Henschel “irritable,” the judge held that his diabetes and PTSD did not cause the altercation. At 2:49 p.m., the judge said: “Your behaviour on the day in question was criminal; it caused harm. However, the appropriate action is absolute discharge.” Jail time was not necessary; the judge believes the assault was “not premeditated, and not done with intent (emphasis added) of harm to the community.”
“Not every offence of an assault on a protester requires prosecution,” says the judge.
The judge said that while the harm was significant, the law still requires the least restrictive sanction. Adding that, “discharge is not contrary to public interest in this case,” and “[Henschel’s] privacy interests outweigh the public interest.”
“You’ve failed the Muslim community in Ottawa,” shouts the victim’s father.
Shouts of “This is justice denied”, “Racist! Racist! Racist!”, and “We will not be silent” erupted from audience members following the ruling.
Four officers cleared the room at 2:53 p.m., waiting for the crowd to disperse before escorting Henschel.
