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<\/p>\n\n\n\nThe Criminal Code states people shouldn’t be convicted of the willful promotion of hatred or antisemitism if, ‘in good faith,’ they expressed an opinion ‘on a religious subject’<\/p>\n\n\n\n
Author of the article:
The Canadian Press<\/p>\n\n\n\n
Stephanie Taylor<\/p>\n\n\n\n
Published May 23, 2024 \u2022 4 minute read<\/p>\n\n\n\n
<\/a><\/a><\/p>\n\n\n\n 46 Comments<\/p>\n\n\n\n OTTAWA \u2014 Canada\u2019s special envoy for combating antisemitism is \u201cvery interested\u201d in exploring the idea of removing religion as a possible defence against hate speech charges, she said Thursday, raising concern about creating a possible chill on religious expression.<\/p>\n\n\n\n Deborah Lyons, whose title also includes preserving Holocaust remembrance, made the comment before a parliamentary committee that is studying antisemitism on university campuses.<\/p>\n\n\n\n <\/p>\n\n\n\n \u201cI am very interested in exploring (it) as an option because I think, frankly, we are seeing it used in this country and in other places as a defence that frankly does not stand the ground in these very difficult times,\u201d she testified Thursday.<\/p>\n\n\n\n Still, Lyons said she is not ready to offer a final opinion on the matter, and is still discussing it with Justice Department officials.<\/p>\n\n\n\n Jewish leaders, students and faculty have for months been voicing concerns over an increase in hate speech and violence since the beginning of the Israel-Hamas war last fall.<\/p>\n\n\n\n Lyons said she believes universities\u2019 equity, diversity and inclusion strategies are \u201cfailing Jews in this country\u201d because they don\u2019t make much mention of antisemitism specifically.<\/p>\n\n\n\n Her office is working to develop better training to counter anti-Jewish discrimination, which she hopes institutions, including governments, will use.<\/p>\n\n\n\n Members of Parliament also asked Lyons about the role police and prosecutors play in laying hate speech related charges, and whether Criminal Code changes are needed.<\/p>\n\n\n\n They pointed to a recent decision by Quebec prosecutors not to charge Montreal imam Adil Charkaoui over comments said during a prayer \u2014 a scenario Lyons says she is discussing with the government.<\/p>\n\n\n\n <\/p>\n\n\n\n The comments were delivered at a pro-Palestinian demonstration in Montreal, and led to a complaint alleging threats and incitement of violence, which was investigated by the RCMP.<\/p>\n\n\n\n Leading a prayer in Arabic, Charkaoui had called on God to \u201ctake care of aggressor Zionists,\u201d adding \u201cO God, don\u2019t leave any of them.\u201d<\/p>\n\n\n\n Last week the province\u2019s director of public prosecutions announced that a committee of three Crown attorneys found the evidence insufficient to prove beyond a reasonable doubt that the words amounted to an incitement of hatred toward an identifiable group, as defined in the Criminal Code.<\/p>\n\n\n\n Using the case as an example, Bloc Quebecois MP Rheal Fortin asked Lyons whether she supports his party\u2019s proposal to eliminate a section of the Criminal Code that allows the use of religious beliefs or a religious text as a defence against the promotion of hatred and antisemitism.<\/p>\n\n\n\n The Criminal Code states that people shouldn\u2019t be convicted of the willful promotion of hatred or antisemitism \u2014 defined as downplaying or denying the Holocaust \u2014 if, \u201cin good faith,\u201d they expressed an opinion \u201con a religious subject\u201d or \u201cbased on a belief in a religious text.\u201d<\/p>\n\n\n\n <\/p>\n\n\n\n Fortin says his party wants to ban \u201cexceptions\u201d to hate speech based on religion.<\/p>\n\n\n\n \u201cCertainly I think that it\u2019s something we\u2019ve got to continue to examine,\u201d Lyons said.<\/p>\n\n\n\n Justice Minister Arif Virani\u2019s office did not immediately respond to a request for comment.<\/p>\n\n\n\n He is already seeking to increase the punishments for existing hate-related offences \u2014 including increasing the maximum consequence for advocating genocide to life imprisonment \u2014 in the Liberals\u2019 legislation against online harms, tabled back in February.<\/p>\n\n\n\n The stiffer criminal justice reforms have fallen under harsh scrutiny from critics, including civil liberty advocacy groups, who say it could stifle free speech. Justice officials say criminal charges would only be laid in the most extreme examples.<\/p>\n\n\n\n Removing religion as a possible defence to a hate speech charge would likely be welcomed by those who oppose religion, but would create \u201cgenuine fear\u201d for those who have deeply held religious beliefs about what they could say in the public square, said Rev. Dr. Andrew Bennett, who works at the public policy think tank Cardus.<\/p>\n\n\n\n \u201cOften, religious people privatize their faith because they\u2019re afraid that if I speak about what I believe, in good faith, in the public square, I\u2019m going to be cancelled, or I\u2019m going to be shut down,\u201d said Bennett, Cardus\u2019s faith communities program director.<\/p>\n\n\n\n He says if a \u201cchill\u201d is placed on religious expression it risks marginalizing a sizeable part of the population, including many new Canadians for whom \u201creligion is not just some sort of cultural relic\u201d but \u201cinforms all aspects of society.\u201d<\/p>\n\n\n\n \u201cIn many cases, they\u2019ve come here because of the religious freedom we enjoy, and so to then say to those new Canadians in particular, \u2018Oh, by the way, you can\u2019t speak about your religion publicly for fear of being censured,\u2019 I think that\u2019s a very bad message to send.\u201d<\/p>\n\n\n\n Bennett said the debate raises questions of how hate is defined and what makes a hateful view \u201cdifferent from a peacefully-held opinion that someone might profoundly disagree with?\u201d<\/p>\n\n\n\n Charkaoui\u2019s comments were \u201cperhaps one of the most egregious offences that I have seen\u201d he told Thursday\u2019s committee.<\/p>\n\n\n\n Mendicino, a former prosecutor who previously served as public safety minister, also cited other examples of demonstrators chanting offensive language, including glorifying Hamas\u2019s Oct. 7 attacks.<\/p>\n\n\n\n He believes \u201cZionists\u201d fit the Criminal Code\u2019s definition of an identifiable group, which refers to \u201cany section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":" Removing religion as a defence for hate speech is worth examining, antisemitism envoy tells MPs The Criminal Code states people shouldn’t be convicted of the willful promotion of hatred or antisemitism if, ‘in good faith,’ they expressed an opinion ‘on … Continue reading ![\"Deborah](\"https:\/\/smartcdn.gprod.postmedia.digital\/nationalpost\/wp-content\/uploads\/2024\/05\/Deborah-Lyons-1.jpg?quality=90&strip=all&w=288&h=216&sig=xz8-P121qxGNCZsuZJmXaQ\")
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