A man who reportedly preached homophobic comments from a speaker outside a Halifax library is being denied compensation, after he alleged police wrongfully arrested him and violated his Charter rights. Sean Bonitto was arrested for inciting hatred and public disturbance on June 22, 2023. He’d tried to sue the Halifax Regional Municipality for $1,203,000 based on the incident. Court documents say he set up a microphone and speaker outside the North End Public Library on Gottingen Street and proceeded to read Bible verses and make “provocative” comments about the queer community and women who seek abortions. “The preaching was loud enough that people in the apartment building across the street could hear it,” read the facts of the case. Sgt. Michael Cheeseman arrived on the scene after two other officers. He said there were five to 10 people watching in front of the library. Bonitto’s wife said the crowd was “the angriest mob she had ever seen.” In a written decision from the Supreme Court of Nova Scotia, Justice John Bodurtha writes: “it was reasonably foreseeable that if he was to set up a microphone and speaker… and preached provocative words such as ‘[a]bortion is the sin of first-degree murder’, ‘homosexuality is sin’, ‘transgenderism is sin’, ‘lesbianism is sin’, ‘bisexuality is sin’, and ‘the true haters of the LGBTQ community are those that support the sin that damn those precious people to hell,’ that members of the public would take offence to this.” Bonitto reportedly refused to give his name to the police when Sgt. Cheeseman arrived. Cheeseman said the elementary school nearby would be getting out and kids would likely make their way to the library. He said he believed Bonitto was inciting hatred and felt he had reasonable probable grounds for an arrest. Bonitto was arrested, handcuffed and taken to the prisoner care facility on Gottingen Street, where he was detained for around an hour. Bonitto confirmed he had no injuries from the incident. He was released without charges after the hate crimes unit decided the statements were too vague. Justice Bodurtha concluded Bonitto’s arrest was lawful and Cheeseman had valid grounds for arresting him. Bodurtha also said Bonitto’s Charter rights hadn’t been breached, and his claim was dismissed. “The Plaintiff is allowed to preach his faith in public, but he may not do so with the use of a loudspeaker in a manner that causes a disturbance,” said Bodurtha in his decision. “He may not preach in a manner that incites hatred and is likely to lead to a breach of the peace. These are not Code provisions that target the Plaintiff or his specific expression, but rather laws of general application that address pressing and substantial objectives. Charter remedies are discretionary, but they may only be granted when a breach is demonstrated.” For more Nova Scotia news, visit our dedicated provincial page
