Nearly two years after her controversial speech at the Vancouver Art Gallery, there are still questions about why there has been no decision on charges against pro-Palestinian activist Charlotte Kates.

During her speech almost two years ago, Kates appeared to praise the 2023 attack on Israel by Hamas that killed hundreds of people.

She was arrested, but was released with police recommending she be charged with promotion and incitement of hatred.

Nearly two years later, the B.C. Prosecution Service has yet to decide on charges.

“The Crown would have had at this stage, which is two years after the incident took place, plenty of time to review the evidence and make a decision as to whether it meets that charge approval standard when it comes to hate crimes,” Rob Dhanu KC, a former Crown prosecutor, said.

B.C.’s attorney general, Niki Sharma, said on Thursday that the decision is still with the Prosecution Service.

“I think we need to grapple with the laws of the country and what that line is between what is a hate crime and what isn’t, and I think prosecutors and justice systems are grappling with that across the country, so we need clearer rules, which are coming, but also I know this decision is with the prosecution service right now,” she said.

Kates’ organization, the Samidoun Palestinian Prisoner Solidarity Network, was declared to be a terrorist entity by the Canadian government in 2024, with the government saying the organization has been dissolved.