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A pair of B.C. seniors who poured their coffee on the floor of a cafe and then made racist comments to the cafe manager in a dispute about COVID-19 seating have been put on probation.

B.C. Provincial Court Judge Diana Vandor said neither Eric Bethune nor Astrid Maria Secreve showed any real remorse after they were both charged with mischief following an incident in a Richmond cafe in March 2021 where they made racist anti-Chinese comments before saying "you are the Coronavirus" to the manager.

According to a Nov. 3 B.C. Provincial Court decision, the incident arose after Bethune, 74, and Secreve, 76, bought two coffees at a Richmond cafe, while the province was under strict COVID protocols.

There were no seats in the cafe so the manager offered for them to sit outside on the patio but they refused. Bethune then went outside and grabbed a patio table and two chairs and brought them inside.

The couple then removed their masks and began drinking their coffee.

The manager explained that under COVID rules, the couple couldn't bring the table in, because they were at capacity under the public health order.

The manager then offered a recently vacated table but the pair – who were once married – refused to move.

After multiple requests to move, they stood up and poured their coffee on the ground.

The manager said she was calling the police but the couple left.

However, the manager followed them to their vehicle and filmed it.

The film was submitted as evidence to the court which showed Bethune saying "Fucking Chinese," and "the Coronavirus is you," to the manager.

The couple was later charged with mischief.

"This was a brazen and disrespectful mischief, which disrupted a private business on private property," Judge Vandor said in the decision.

The couple represented themselves in court and pleaded guilty on day three of the trial.

The couple argued they should receive an absolute discharge for the offence and not receive a criminal record.

The Crown wanted a period of probation and for the seniors to receive a criminal record.

At the centre of the issue is how much of an impact the racist comments made on what sentence they received. 

"Mr. Bethune and Ms. Secreve deny that their mischiefs were motivated by any bias, prejudice or hate. They say that this is not a hate crime, it is nothing more than a mischief," the judge said. "They say that they are allowed to express themselves, and they were just engaging in freedom of speech."

However, the judge disagreed.

"Distasteful, inappropriate or socially harmful (as) it may be, Canadians of every background - including Mr. Bethune and Ms. Secreve - have the freedom to hate and feel bias or prejudice against others without fear of criminal sanction. They are free to hurl insults that are motivated by hate, bias or prejudice," the judge said. "If they had only done that, without pouring coffee onto the café floor, they would never have been charged with an offence. It is only when hate, bias or prejudice motivates them to commit an act that crosses the line into criminal conduct that they have gone too far."

The judge pointed out that their racist words are now seen as an aggravating factor in choosing an appropriate sentence.

"Ms. Secreve’s comment, 'Fuck you Chinese' and Mr. Bethune’s comment 'Fucking Chinese' are humiliating and denigrating expressions, that were directed at (the manager) who was just doing her job when she enforced COVID protocols," the judge said. "Mr. Bethune’s comment "the Coronavirus is you" goes one step further. He associated (the manager) to a virus. This is a dehumanizing expression that calls into question whether (the manager) qualifies as a human being."

The judge continued her reprimand of the seniors.

"Rather than apologize, as they should have done, each of them hurled insults at this café manager based on personal characteristics that had nothing to do with her job. These were not just any insults. They were anti-Chinese comments directed towards a café manager who they perceived as Chinese. As the café manager, she was trying to keep this café open and customers safe during a pandemic. She was trying to keep them, and other café patrons like them, safe during a pandemic," the judge said.

Ultimately, the judge said the couple had shown "real remorse", and put them on probation for 12 months — they will both have a criminal record.

They also have to pay a $200 fine.

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