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

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

It costs as little as $7 to charge an EV at home. (Scott Tibballs / The Free Press)
Electric Vehicles a rare sight (in the Kootenays), but change on the way

Electric pickups will increase the appeal of zero-emission vehicles in years to come according to Blair Qualey of the New Car Dealers Association

Linda Krawczyk and her dad Doug Finney enjoyed a ride around beautiful Fernie on Friday thanks to Melanie Wrigglesworth and the local chapter of Cycling Without Age. (Scott Tibballs / The Free Press)
Cycling Without Age goes for its first spin

Doug Finney (86) got to enjoy a ride around Fernie

The Cranbrook Community Forest is good to go for mountain biking. (Scott Tibballs / The Free Press)
Snow’s done, time to hit the trails

South Country trails are good to go

Interior Health nurses administer Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16. (Phil McLachlan/Kelowna Capital News)
69 new cases of COVID-19 in Interior Health

The total number of cases in the region is now at 9,840 since the pandemic began

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Lord Tweedsmuir’s Tremmel States-Jones jumps a player and the goal line to score a touchdown against the Kelowna Owls in 2019. The face of high school football, along with a majority of other high school sports, could significantly change if a new governance proposal is passed at the B.C. School Sports AGM May 1. (Malin Jordan)
Power struggle: New governance model proposed for B.C. high school sports

Most commissions are against the new model, but B.C. School Sports (BCSS) and its board is in favour

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

Most Read