A woman known as a matriarch of the CRAB Park encampment in Vancouver has been given an absolute discharge for a 2022 assault in Chinatown. The incident initially reported by the Vancouver police department as a hate crime was later explained by Muskikiway Lynn Thompson as a result of a parking dispute with a family of tourists who had blocked her parking spot. Thompson claimed she couldn’t get out of her spot and the family wouldn’t move, leading to an argument with the Asian driver. When a security guard tried to intervene, Thompson kicked and spat on him. Despite the initial classification as a hate crime, Thompson denied any racial slurs and insisted it was not racially motivated.
The security guard from Unity One Security who was involved in the incident stated that his staff tried to de-escalate the situation by offering support to the family that was being scrutinized for being Asian. The VPD investigated the assault as a hate crime, but Thompson, who is mixed race herself and has an Asian partner, maintained that there were no racial slurs used during the confrontation. She explained that she was referring to the family as “Americans” because they were from Washington state. Thompson, who is Indigenous and identifies as Two-Spirit, completed 15 hours of community work service since the assault. She also addressed the court about mistreatment in the holding cell and being left to walk home without shoes at 2 a.m. from Downtown Eastside to Burnaby.
Vancouver Provincial Court Judge Patricia Stark accepted a joint sentencing submission from the Crown and defense, determining that an absolute discharge was appropriate and not contrary to the public interest. Stark recognized the factors presented in Thompson’s Gladue report, including generational harm, addiction issues, trauma, neglect, and mistreatment, but noted that Thompson has overcome them to become a law-abiding member of the community. The judge acknowledged Thompson’s guilty plea, public speaking, and outreach work, but considered the nature of the assault, particularly the act of spitting, as an aggravating factor. Despite Thompson’s explanation that she did not spit directly at the security guard, Stark emphasized the humiliation and danger associated with spitting.
Thompson expressed her understanding of the judge’s decision outside of court, emphasizing that she did not actually spit at the security guard but was trying to gesture for him to move away during the altercation. With the absolute discharge, Thompson will not face any fines, sentences, or have a criminal record as a result of the assault. The incident highlights the complexities and nuances involved in cases that are initially classified as hate crimes but may have alternative explanations or motivations. Thompson’s experience also sheds light on the challenges and mistreatment faced by individuals who are marginalized and have experienced trauma, addiction, and neglect in the past. Despite these obstacles, Thompson has been able to turn her life around and contribute positively to her community.
