Crown prosecutors are advocating for a two-year prison term for the former City of Ottawa attorney who vandalized the National Holocaust Monument with red paint last summer. On the other hand, the defense is requesting a suspended sentence, considering the time the defendant has already spent in jail and on bail.
During the court session, the defendant, Iain Aspenlieder, expressed his reasons for the vandalism, which the judge described as “unrepentant.” Aspenlieder, 46, stated that while he acknowledges the harm caused by his actions, he believed it was necessary to raise awareness and denounce what he referred to as an ongoing genocide in Gaza by Israel.
Aspenlieder, who pleaded guilty to the mischief charge in July, made a plea to return to custody until the sentencing decision is made, citing concerns about his parents witnessing the proceedings. This case marks the first instance of sentencing for this specific offense in the criminal code.
Deputy Crown attorney Moiz Karimjee argued that despite being a first-time offender, Aspenlieder, as a knowledgeable lawyer, knowingly targeted the Jewish community, warranting a substantial punishment. Various community groups expressed their concerns about the vandalism, citing the negative impact it had on them.
The court heard testimonials from Jewish and other community organizations about the distress caused by the defacement, particularly highlighting the symbolism of the red handprint and its association with past violent events. The defense did not contest these statements, as instructed by Aspenlieder.
The vandalism was condemned by representatives from anti-Semitism education and Holocaust scholarship organizations, emphasizing the insidious nature of educated individuals engaging in such acts. They also highlighted the disruption caused by the vandalism to a government-funded educational program at the monument.
The defense is seeking a suspended sentence, taking into account Aspenlieder’s existing hardships, including the loss of his job and potential disbarment. The defense argued that the Crown has not definitively proven hate or bias as the motivator for the vandalism and suggested alternative reasons for Aspenlieder’s actions.
The sentencing decision is expected to be announced by Justice Anne London-Weinstein after Aspenlieder’s next court appearance.