Leader of fringe religious group risks losing driver's licence as fight to take photo with pirate hat continues
The leader of B.C.'s Church of the Flying Spaghetti Monster, a fringe religious group, has been fighting for years to get his driver's licence picture taken wearing a pirate hat, but he keeps getting denied.
"It's discrimination. It's based on their objection to what I represent," said Gary Smith, also known as Dread Pyrate Higgs.
"It's easy to say what you want about something you're not willing to try and understand."
He identifies as Pastafarian, the name given to church members, who typically wear either pasta colanders or a pirate's tricorn on their heads.
Smith said his hat, which he describes as religious headwear, is significant to him as it symbolizes his devotion to his religion.
"In my view, this represents an equally plausible appreciation for those unknowable aspects of the universe that none of us will ever get to figure out," he said.
In a statement to CTV News, ICBC said it has "advised Mr. Smith on numerous occasions" that it does not "recognize him as a member of a religious group that requires accommodation in the context of a service customarily available to the public under the British Columbia Human Rights Code."
In response, Smith said the decision is "arbitrary" and "disingenuous."
"As other religions are allowed to be depicted in their headgear, it is clearly the case that facial recognition technology is not interfered with by wearing certain religious headgear. And that is the case with mine," he said.
"So it seems arbitrary and disingenuous, for sure, to suggest that some people deserve the right and I don't by virtue of what I believe," he continued.
In 2019, Smith filed a complaint with the B.C. Human Rights Tribunal, alleging religious discrimination.
The tribunal dismissed it, saying "Canadian courts have previously observed that the practices followed by 'Pastafarians' are satirical in purpose."
Smith said this isn't true, as he's explored other religions and finds this one satisfies his appreciation for the unknown.
"This is a matter about church and state. They should not be making any policy decisions with respect to a person's stated religion," he said.
Smith has been issued temporary, photo-less driver's licences, which he keeps having to renew. He said he was recently informed that he will no longer be able to do that after October when his current one expires.
He filed a freedom of information request to get files on the matter and came back with 691 pages. Most of files were redacted, according to Smith.
He's now looking into hiring a lawyer and continuing the battle, but ICBC said he's welcome to come in and get his photo taken, just without a pirate hat.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6976926.1721883767!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
AS IT HAPPENED Wildfire reaches Jasper Wednesday night, causes 'significant loss'
One of two wildfires threatening Jasper National Park reached the townsite Wednesday night and caused 'significant loss.'
Alberta calls in army to assist with wildfire situation
Alberta has called in the Canadian Armed Forces to help assist with the worsening wildfire situation in the province.
Biden explains why he ended re-election bid in Oval Office address
U.S. President Joe Biden on Wednesday delivered a solemn call to voters to defend the country's democracy as he laid out in an Oval Office address his decision to drop his bid for reelection and throw his support behind Vice President Kamala Harris.
Barrie-Innisfil MPP 'blacked-out' and crashed car into window of child care centre
Staff at a Barrie child care centre say they are frustrated by what they call a local MPP's inadequate response after a car crashed through a window in one of the toddler rooms.
Norad intercepts Russian and Chinese bombers operating together near Alaska in apparent first
The North American Aerospace Defence Command (Norad) intercepted two Russian and two Chinese bombers flying near Alaska Wednesday in what appears to be the first time the two countries have been intercepted while operating together.
2 Canadians being 'sent home immediately,' removed from Olympic team after drone incident
An analyst and an assistant coach with Canada Soccer are being removed from the Canadian Olympic Team and 'sent home immediately,' according to the Canadian Olympic Committee.
An unwelcome attendee has joined the Paris Olympic Games: COVID-19
After a handful of Australian water polo players tested positive for COVID-19 this week, questions have emerged around how the spread of the disease will be mitigated at the Summer Olympic Games in Paris.
Vacations, meals, booze: Contractor used $100K of charity's money for personal expenses, B.C. court finds
A B.C. man who was hired to help a non-profit build a food hub but instead spent the money on personal expenses – including travel, restaurants, booze and cannabis – has been ordered to pay more than $120,000 in damages.
Male, female killed, 2 others injured in 'gun battle' outside Toronto plaza: police
Two people are dead and two others suffered serious injuries following a shooting that police have described as a 'gun battle' outside a plaza in Scarborough, Ont. early Wednesday morning.