“It’s discrimination. It’s based on their objection to what I stand for,” said Gary Smith, aka Dread Pyrate Higgs. “It’s easy to say what you want about something you’re not willing to try and understand.” He identifies as a Pastafarian, the name given to members of the congregation, who usually wear either a pasta colander or a pirate’s trident on their heads. Smith said his hat, which he describes as a religious cap, is important to him as it symbolizes his devotion to his religion. “In my view, this represents an equally reasonable estimate of those unknown aspects of the universe that none of us will ever be able to understand,” he said. In a statement to CTV News, ICBC said it “has advised Mr. Smith on multiple occasions” that it “does not recognize him as a member of a religious group requiring accommodation under a service normally available to the public under the Human Rights Code of British Columbia”. In response, Smith said the decision was “arbitrary” and “dishonest.” “As other religions are allowed to be depicted on their headgear, it is clear that facial recognition technology is not hindered by the use of certain religious headgear. And that is the case with mine,” he said. “So it seems arbitrary and disingenuous, certainly, to suggest that some people deserve the right and I don’t because of what I believe,” he continued. In 2019, Smith filed a complaint with the BC Human Rights Tribunal, alleging religious discrimination. The court rejected it, saying that “Canadian courts have previously observed that the practices of the ‘Pastafarians’ are intended to be satirical.” Smith said this is not true, as he has explored other religions and finds that it satisfies his appreciation of the unknown. “This is a matter of church and state. They should not be making policy decisions in relation to a person’s stated religion,” he said. Smith has received temporary driver’s licenses without photos, which he must continually renew. He said he was recently informed that he will no longer be able to do this after October, when his current one expires. He filed a freedom of information request to obtain records on the matter and came back with 691 pages. According to Smith, most of the records were redacted. Now he’s looking to hire a lawyer and continue the fight, but ICBC said he’s welcome to come and have his picture taken, just without a pirate hat.
