Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted

Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

The leader of a pasta-centred religious movement in B.C. is reviewing his legal options following his recent Supreme Court loss over his bid to wear a pirate hat in his driver’s licence photo.

Court documents show that Grand Forks’ Gary Smith, Captain of the Church of the Flying Spaghetti Monster of B.C., filed a complaint with the province’s Human Rights Tribunal (HRT) after ICBC refused to renew his licence because he’d posed for his identifying photograph wearing a tricorn hat. His coreligionists, or Pastafarians, consider it a symbol of their faith. When the HRT decided not to pursue his claim that ICBC had infringed on his Charter rights to freedom of religious expression, Smith petitioned a Rossland Supreme Court judge to review the HRT’s ruling.

READ MORE: B.C. Pastafarian loses Supreme Court fight to wear pirate hat in driver’s licence photo

Finding no provable violation under the tribunal’s Human Rights Code, Justice Gordon C. Weatherill on Feb. 26 denied Smith’s request for a judicial review.

Smith on Tuesday, March 2, said he was “certainly disappointed” by Weatherill’s ruling, adding that he has since spoken to lawyers about potential further recourse. He “absolutely feels [he’s] been persecuted” on religious grounds, he said, noting that federal authorities allowed him to be photographed for his current gun licence wearing his tricorn.

Pastafarians imbue their belief “in the infinite; in the divine; in the ineffable” in the likeness of a flying spaghetti monster dwelling “at the centre of the universe,” he explained, adding that he wears his tricorn in public every Friday as an observance of his faith.

Pictured is Gary Smith’s firearms license, in which he is identified wearing his tricorn hat. Photo courtesy of Gary Smith

Pictured is Gary Smith’s firearms license, in which he is identified wearing his tricorn hat. Photo courtesy of Gary Smith

ICBC, in a written response to The Gazette explained, “We accommodate customers with head coverings where their faith prohibits them from removing the covering, wherever reasonable and possible.”

The Church’s website nowhere mentions that Pastafarians are called to wear their tricorn at all times. However, Smith said he considers his pirate’s hat “a religious symbol, in the very same way that Sikhs use turbans to identify themselves in their communities.”

Smith said he did not intend his court challenge as an affront to any organized faith or religious movement.


 

@ltritsch1
laurie.tritschler@grandforksgazette.ca

Like us on Facebook and follow us on Twitter.


 

@ltritsch1
laurie.tritschler@boundarycreektimes.com

Like us on Facebook and follow us on Twitter.

BC Supreme CourtGrand Forks

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

B.C. Finance Minister Selina Robinson outlines the province’s three-year budget in Victoria, April 20, 2021. (B.C. government video)
B.C. deficit to grow by $19 billion for COVID-19 recovery spending

Pandemic-year deficit $5 billion lower than forecast

Chief Constable Norm Lipinski, Surrey Police Service. (Submitted photo)
Surrey Police Service to begin public consultation late June, early July

Community input, chief constable says, ‘will occur’

Surrey RCMP reunited three stolen puppies with their mom. (RCMP handout)
Puppies stolen from South Surrey home located, reunited with mom

Surrey RCMP said they found the stolen puppies on April 16

Mak Parhar speaks at an anti-mask rally outside the Vancouver Art Gallery on Sunday, Nov. 1, 2020. Parhar was arrested on Nov. 2 and charged with allegedly violating the Quarantine Act after returning from a Flat Earth conference held in Geenville, South Carolina on Oct. 24. (Flat Earth Focker/YouTube.com screenshot)
Judge tosses lawsuit of B.C. COVID-denier who broke quarantine after Flat Earth conference

Mak Parhar accused gov, police of trespass, malfeasance, extortion, terrorism, kidnapping and fraud

FILE – NDP Leader John Horgan, right, and local candidate Mike Farnworth greet one another with an elbow bump during a campaign stop in Coquitlam, B.C., on Friday, September 25, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. won’t be using random individual road stops to enforce travel rules: Safety Minister

Minister Mike Farnworth says travel checks only being considered at major highway junctions, ferry ports

A man pauses at a coffin after carrying it during a memorial march to remember victims of overdose deaths in Vancouver. THE CANADIAN PRESS/Darryl Dyck
B.C. announces historic half-billion-dollar funding for overdose crisis, mental health

Of it, $152 million will be used to address the opioid crisis and see the creation of 195 new substance use treatment beds

Children’s backpacks and shoes are seen at a CEFA (Core Education and Fine Arts) Early Learning daycare franchise, in Langley, B.C., on Tuesday May 29, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C. budget to expand $10-a-day child care, but misses the mark on ‘truly universal’ system

$111 million will be used to fund 3,750 new $10-a-day spaces though 75 additional ChildCareBC universal prototype sites over the next three years.

John Wekking, Merritt Road Report - Facebook
 Coquihalla Road Report
Wildfire sparks off Coquihalla in Merritt

The wildfire is located near the Dollarama off of Highway 5

Ambulance paramedic in full protective gear works outside Lion’s Gate Hospital, March 23, 2020. Hospitals are seeing record numbers of COVID-19 patients more than a year into the pandemic. (The Canadian Press)
B.C.’s COVID-19 infection rate declines, 849 cases Tuesday

Up to 456 people now in hospital, 148 in intensive care

Christy Clark, who was premier from 2011 to 2017, is the first of several present and past politicians to appear this month before the Cullen Commission, which is investigating the causes and impact of B.C.’s money-laundering problem over the past decade. (Darryl Dyck/Canadian Press)
Christy Clark says she first learned of money-laundering spike in 2015

The former B.C. premier testified Tuesday she was concerned the problem was ‘apparently at an all-time high’

Most Read