Bill C-384 (Historical)

An Act to amend the Criminal Code (mischief against educational or other institution)

This enactment amends the Criminal Code by making it an offence to commit an act of mischief against an identifiable group of persons at an educational institution, including a school, daycare centre, college or university, or at a community centre, playground, arena or sports centre.

[Richard Marceau]

When Bill C-384 was debated between 2006 and 2008, that was the main thing pushed by members of Parliament at the time. It's certainly something that I would encourage this committee to consider. Women's shelters or women's buildings, or based on gender, is certainly something that I would look at if I were sitting in your shoes.

National Holocaust Monument Act

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, my comments will perhaps be a bit less partisan than the comments of my Liberal colleague. That is his right. I sense a lot of frustration over the fact that this bill could have the same content as some bills previously introduced by Liberal members. That is not what my comments are about.

The bill before us would establish a monument in Ottawa to honour the victims and Canadian survivors of the Holocaust. I repeat, my Liberal colleague had every right to say what he wanted to. He did not use unparliamentary language, but I think that we must remember that we are talking about a monument to illustrate the horrors of the Holocaust, the horrors that Jewish people were subjected to, simply because they were Jewish. There is no room for partisanship here. I hope that this bill will receive the support of all parties.

I am sure my introduction made this clear, but I will state that the Bloc Québécois will be in favour of Bill C-442, which would establish a monument to honour the victims of the Holocaust.

As I said earlier, the Holocaust is one of the most horrific crimes of the 20th century. We have a black mark on our record—a real black eye, in the popular expression—meaning that we are not proud as a society to have known about the horrors of the Holocaust, even though we had nothing to do with their occurrence. While we believe that we must commemorate the victims of the Holocaust, we also believe that we must continue the fight against anti-Semitism and all other forms of hate speech and discrimination.

We in the Bloc Québécois have already taken action. I will probably not have enough time to come back to Bill C-384, which was introduced and studied by the Bloc Québécois, that would have made it a criminal offence to commit an act of mischief that targets certain institutions frequented by a given community. Do not forget that in west Montreal there have already been fires in book stores, libraries and schools frequented by Jewish people. We think it is completely wrong and unacceptable, which is why the Bloc Québécois introduced Bill C-384. I will talk about this bill again if I have time.

Anti-Semitism and all other forms of hate speech are contrary to the values of Quebec and Canada. The Bloc Québécois has always acted to secure social peace and ensure a public space without hatred, discrimination or violence. That fight is crucial for any society that claims to be democratic.

When we think of the Holocaust, the first images that come to mind are images of horror. Each of us here and each person watching remembers them well, no matter what our age, because we have seen the audiovisual documents that illustrate the horror of the camps. These barbaric acts shocked the entire world. And out of that shock came the vow, “Never again!”

Faced with the political and economic crisis that hit Germany after World War I, the National Socialist Party singled out the Jews and blamed them for all of Germany's troubles. Jews became scapegoats, and the worst lies were fabricated about them.

The first step in the long process toward the Holocaust was the discriminatory legislation that targeted German citizens of the Jewish faith. They were identified as such by law. They were forced to sell their businesses. They were herded into buildings. They were forced to wear a yellow star in order to be easily recognized. The yellow star was a badge of shame. The goal was to chase the Jews out of Germany by any means possible, including by prohibiting Jews from holding more and more jobs.

When Germany annexed other countries, more Jews fell under the Nazi regime. At the height of the Nazi bloodshed, Europe's Jews were sent to concentration camps and then to extermination camps. It is estimated that about three-quarters of Europe's Jews, or approximately 40% of the world's Jewish diaspora, were massacred by the Nazis.

In terms of numbers, as my colleagues know, an estimated 6 million Jews died under the Nazi regime. The Holocaust was the first mass murder characterized by its industrial scale and its bureaucracy. Like a machine, the Nazis sought the systematic elimination of an entire people just because it existed. It was neither a political nor a military threat. The only crime committed by Jews in Nazi Germany was existing.

This mass murder was carried out by Hitler's regime and several Third Reich bureaucrats, as well as by numerous collaborators, including individuals and states. In addition to Jews, the Nazis massacred countless gypsies, homosexuals, people with disabilities and members of Slavic communities, including Poles and Soviets. We have to remember them too.

In the aftermath of the war and in light of the horror of the crimes committed by the German state, governments around the world agreed to add crimes of genocide and crimes against humanity to existing war crimes in international law. As a result, international law included two new concepts arising directly from the barbaric treatment of the Jews: genocide and crimes against humanity.

Bill C-442, which the Bloc Québécois will support, would erect a monument to remind us of that crime. This is a reminder to us all of humanity at its worst, a reminder that we must never allow this to happen again.

Criminal Code

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I am very pleased to have introduced Bill C-384. I would like to thank all of my colleagues, especially those from the Bloc Québécois, including the members for Terrebonne—Blainville, Shefford and Hochelaga, as well as all of the members who spoke in support of this bill in this House.

I particularly appreciated the speeches from the members for Notre-Dame-de-Grâce—Lachine and Outremont. Their comments showed me that they understood the goal and the importance of my bill. That is why, once again, I want to sincerely thank all of the members who spoke about this bill in this House.

That said, I would like to remind the House that Bill C-384 would amend the Criminal Code to create a new offence and clearly prohibit any hate-motivated mischief against an identifiable group at an educational institution. As I mentioned in my last speech, more and more violent acts are being committed at schools, educational institutions and community centres.

These events often make the news and are decried by the affected communities. In response to their requests, it seemed necessary to me to create an additional offence to deal specifically with mischief in relation to certain categories of buildings used or occupied by these identifiable groups.

Bill C-384 is a first attempt at responding to the need for protection of these communities. That is why I carefully noted my colleagues' suggestions made in the speeches we just heard. I am referring to the suggestion by the hon. member for Notre-Dame-de-Grâce—Lachine to have the bill include hate crimes committed against official language minorities as well the proposal made this evening by my Liberal colleagues to expand the groups covered by including those listed in section 718.2. These ideas should be studied in committee and my colleagues can be assured of my complete cooperation in this regard.

In listening to my colleagues, I am reassured that visible minorities can count on the unwavering support not only of the Bloc Québécois but also of the members of other parties for the legislative progress of Bill C-384 .

As I was saying, this bill is not the result of isolated incidents. It is the result of a clear request from visible groups to meet a specific need—the protection of educational institutions. It would afford these institutions the same protection against hate crimes extended to religious institutions.

A number of communities have already expressed their deep gratitude for this bill. I thank them for their support. I am talking about the aboriginal people of Maniwaki, whose cultural centre was the target of racist and anti-French graffiti; the Black Coalition, which represents a community greatly affected by hate crimes; Muslims, who had a school targeted by hate crimes in 2007; homosexuals, who are still victims of acts of malice; and so on. Many other groups have supported this bill.

They are an eloquent example of why Bill C-384 is necessary and how it speaks to a wide range of communities in Quebec and Canada. I repeat that they will always be heard by the Bloc Québécois members, because my party has often been a staunch promoter and defender of human rights.

In short, Bill C-384 is a step forward; it is unequivocal proof that we as parliamentarians are concerned about human rights. Even if there is a great tradition of peace, respect and tolerance in our communities, together we can take concrete action to fully protect human dignity.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Mr. Speaker, I also rise in support of Bill C-384. We as a party, and I as an individual member of the House, support the rationale behind Bill C-384, which is that Canadians will not tolerate acts motivated by bias, prejudice or hatred.

Bill C-384, An Act to amend the Criminal Code, proposes to amend the Criminal Code by adding a new offence to the existing mischief provisions.

The proposed amendment would make it a specific offence with increased penalties when the mischief is committed against an educational or recreational property, institution or object associated with an institution that is used exclusively or principally by a group identified by colour, race, religion or national or ethnic origin, as well as sexual orientation. The new provision would apply if it could be established that the perpetrator's mischievous act was motivated by bias, prejudice or hate based on religion, race, colour, national or ethnic origin, or sexual orientation.

When such a hateful event does occur, we need to ensure we have all the tools in place so that our criminal justice system responds in the way that is most appropriate to the circumstances. It is important to have strong Criminal Code provisions. Bill C-384 would add to the existing provisions and respond to harms that affect the foundations of our Canadian society.

As Canada becomes an increasingly diverse population, with peoples arriving here from around the world, it is incredibly important that we maintain the civic traditions our society is based on. I note that over the last number of years Statistics Canada has released data which establishes that one in six Canadians is an identifiable minority and shows that the number is going to increase in the coming decades, such that we could quite quickly see a country where one in four, and possibly even one in three, will be an identifiable visible minority.

In the context of a country that is rapidly changing and whose demographics are rapidly changing due to our high rates of immigration, it is incredibly important that we preserve the traditions on which this country and our society are based.

A key element of that tradition is ensuring that new Canadians integrate into Canadian society and that they integrate economically and socially. That certainly is one part of the equation, but the other part of the equation is ensuring that Canadians as individuals are protected under the law, that they are treated as citizens who are equal to every other citizen in the land, whether their families have been here for hundreds and hundreds of years or whether they have recently arrived.

I think the bill strengthens that second part of our society, the second part of the foundation of our society, which is to ensure that acts of intolerance and hatred perpetrated toward educational institutions and identifiable objects that these groups have erected simply will not be tolerated in this country. I think this bill will send a clear message to that effect and will also equip the criminal justice system with the tools it needs to ensure greater protection of minority groups.

It is incredibly important for all parties to work together in the House to take a unified stand against this sort of intolerance in Canada. I can commit to the House, as do the rest of the members of my party, the Conservative Party, that we will work together to ensure that all Canadians have a justice system that reflects our values as a nation.

[Raymonde Folco, Liberal, Laval—Les Îles, QC]

Mr. Speaker, I must first say that it is with humility that I speak today in support of Bill C-384, an act to amend the Criminal Code in relation to mischief against an educational or other institution. In our pluralistic and increasingly global society, where people of different ethnicities, cultures and races can eat, play and share space—sometimes getting married, thank goodness—sometimes acts of mischief are committed against institutions and symbols associated with a given ethnocultural community.

That is why, as I support Bill C-384—because I think it is important to create laws and other preventive measures that protect our cultural and other institutions—I believe that we should also put mechanisms in place to instill in children, from a young age, respect for public and private property, no matter who owns it. I will come back to that point later on.

I will not dwell on the criminal acts that caused my Bloc Québécois colleague to introduce this bill, because other members from all of the parties have listed these crimes in detail.

In my own constituency of Laval—Les Îles, pro-Nazi, anti-Semitic graffiti was painted on the walls of a synagogue.

However, we are not just talking about the Jewish community. All of the minority communities in Canada are affected, or risk being affected, by this scourge.

I had an opportunity in 2007 to listen to people in my riding and in many communities across Canada tell their stories about violence against places of worship when the Liberal task force on cultural communities at risk travelled the country.

What is surprising is how determined these communities are to rebuild. Although they are disappointed, there is very little anger, and they have come to accept that hate crimes are a fact of life, regardless of where in the world a person lives. I say this because that is what struck me at these meetings. It is no doubt a result of the increasing number of violent attacks in the world, including the horror of September 11.

Our task force learned that acts of vandalism have increased since September 11. The 2007 Audit of Anti-Semitic Incidents shows that acts of vandalism increased by 11.4%, an increase of 15.8% for the year. To put this in perspective, I would like to read the comments of two witnesses, as reported in the July 12, 2007, edition of Laval News.

When Arthur Levy, of the Jewish community, spoke about his synagogue in my riding of Laval—Les Îles, he said:

However, to prevent vandalism, we can’t keep our doors locked; we have people coming in and out of the building throughout the day. To turn ourselves into a fortress defeats the purpose of who we are.

When Jeevat Jot Singh, a member of the Sikh community, spoke about his Sikh temple, he explained that cutting off cultural communities only leads to cultural ghettoization. He said:

Increasing security around our premises is not the way to go, it only leads to closing ourselves off to the rest of the community.

Finally, members of the Muslim community told the task force that the media also had a hand in the negative image of Muslims. They stated:

Very often, what we’ve seen is that ‘mediacized’ events have a direct impact on heinous hate crimes.

Mourad Ghazali told this to the task force:

However, when the opportunity arises to show Muslims in a positive manner, the media is usually indifferent.

Nabiha El-Wafai, assistant principal of Les jeunes musulmans canadiens school in Saint-Laurent, explained that she organized an open house event after an individual broke windows at the school last January; others have already mentioned this unfortunate incident.

She said that she invited the media—to promote awareness of the Muslim community within the Quebec and Canadian community—but almost no one attended. She added that the media are quick to respond when it comes to writing articles on negative events, but when it is something positive, no one comes to see what is going on, and that encourages ignorance.

In a pluralistic democracy, such as Canada, we cannot afford and we should not accept having citizens live in fear, resigned to the fact their communities could become cultural ghettos through forced insulation of themselves and their families. This is not what integration is about, not in the province of Quebec or in Vancouver, or anywhere else in the country. We are building one society where groups of various ethnic, religious or political backgrounds will live in harmony and respect each other's cultural traditions and symbols while being proud of their Canadian identity and heritage through their Canadian born children.

While this legislation calls for harsher measures, such as increased prison stays and even stiffer fines for those who deface public and private property, my concern is that this will not solve the problems of ongoing hatred against identifiable groups that result in acts of violence against these groups and their institutions, regardless of what they may be.

May I remind the House that in Canada we have not witnessed an end to violence against women or to their inequality, nor have we witnessed an end to murders. When we look at the profile of those people who commit crimes, we see poverty, deprivation and the lack of available services for drug rehabilitation. We should note that the government has cancelled its financial support for safe injection sites in Vancouver, even though it has been shown that these sites have contributed to the decrease in the virus that causes AIDS and that there has been an increase in the number of people seeking help for their drug dependencies.

One may wonder what Vancouver's crime rate has to do with crime rates against minorities. It is because these people will attack anything that is a symbol of governance, institutions, organizations and groups that appear to be succeeding or thriving in some way. Sometimes hate based on race may not be the underlying motive but poverty and anger against the very institutions that are supposed to educate, protect and care for our citizens.

I would like to suggest, as this bill is discussed in committee, that amendments be made to reflect not just increased sentences but measures that will educate those who cause misery in the lives of identifiable groups.

In Brazil, for example, its 1998 environmental crime legislation, the so-called restricting rights penalties, says that alternative penalties must be at their disposal instead of prison sentences. Judges now have this tool at their disposal to deal both with the culprit and the environmental damage they have caused. For example, a guilty person could be made to do community service, other unpaid work in parks, public gardens or other protected areas, or made to repay the institutions they have victimized. If it was a business person, they could see their rights restricted through exclusion of contracts or other tax incentives. These are among several of the alternatives to imprisonment.

In the case of Canada, we could see the individual carrying out community work for the institutions that have been affected; being educated about the customs and traditions of the affected groups and even participating in their daily lives; and, they could be obliged to make restitution and participate in the rebuilding and renovating of the destroyed properties. In this way, creating multiple close contacts between an individual and the group the person has wronged is the equivalent to building bridges, understanding and respecting cultures.

I support the intent of this bill. I hope we can get the bill into committee as soon as possible for further study.

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, it is my pleasure today to rise to speak to private member's Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution).

I am especially pleased to indicate my support for the objective of the bill, which ensures the criminal law fully denounces criminal acts motivated by bias, prejudice or hatred.

I do want to take a moment to congratulate the member for Châteauguay—Saint-Constant for introducing the bill and for making the effort, under private members' business, to bring forward a serious and substantive topic.

I also take this opportunity to thank her for her work on the justice committee, particularly for her help with my private member's bill on identity theft and pretexting. I thought her colleagues in her party did good work in terms of the bill, working it through the private member's process. I hope I give the same consideration to her that she gave to me during that process.

Again, I appreciated her work on the justice committee with respect to the private member's bill on identity theft, which I am pleased to say is now in the Senate, having been adopted unanimously by the House.

Bill C-384 proposes to amend the Criminal Code by adding a new offence to the existing mischief provisions. The amendment would make it a specific offence, with increased penalties, when the mischief is committed against an educational or recreational property, institution or object associated with an institution that is used exclusively or principally by a group identified by colour, race, religion, national or ethnic origin, or sexual orientation.

The proposed bill unequivocally states that Canadians need to continue to respect and value one another. We have heard from previous speakers about the importance of that principle in terms of the very foundation of Canada. It is one of the reasons why this is the most wonderful country in the world to live.

In a country as ethnoculturally diverse as ours, we know there will be occasions, unfortunately, when intolerant or hateful actions will tragically occur. When intolerant actions constitute criminal behaviour, the criminal justice system must be able to fully respond to those situations.

Hate crimes are unique. Such crimes target victims because of a core characteristic of their identity which cannot be altered and therefore harm not only the individual, but also the group with which the individual is identified and the whole of Canadian society.

When, for example, a Muslim school is vandalized and hateful graffiti is written across its walls, the entire Muslim community is harmed. The hurt spreads beyond just the neighbourhood in which the school is located. Many Muslim Canadians across the country may feel affronted by the attack.

The House may very well recall the situations with respect to attacks that happened at the United Talmud Torah elementary school in Montreal in 2004. Members may also remember the early Saturday morning fire bomb attack on an Orthodox Jewish school in 2006. These are only a couple of examples.

Unfortunately, in my home city of Edmonton there have been incidents against educational institutions and houses of worship, which I know are outside the parameter of the bill. These are situations in which there is an attack of hatred, and it affects the entire community. With news as it spreads today, it goes across the country and affects the whole of Canada and even around the world because of the way news is propagated these days. It is incumbent upon us as a government and as parliamentarians to act fully against these actions.

The government believes the message being sent by this bill will let affected communities know that we understand and that we want to do something to help. We are pleased that the bill has support from representatives of various communities, including the Jewish community, the Muslim community, the black community and aboriginal communities. I understand the gay and lesbian community is supportive of the bill as well.

It is true that Canada already has in place an effective regime of legislative protections against hate crime applying to property. All property is already protected by the general offence of mischief found in section 430 of the Criminal Code. Additionally, any criminal offence that can be proven to be motivated by bias, prejudice or hate, based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor, could be subject to the sentencing provisions already found in section 718.2(a)(i) of the Criminal Code, which would require such motivation an aggravating factor to be considered at sentencing.

However, I support Bill C-384 as it will send a message of deterrence to potential hate-mongers and, in conjunction with other initiatives, confirms the government's opposition to such intolerance.

The bill differs from the current Criminal Code provisions in three main areas. First, Bill C-384 incorporates the concept of hate motivation as part of the crime rather than as an aggravating factor to consider when opposing a sentence.

Second, it specifies that the act of mischief must be perpetrated against property that is used exclusively or principally by members of a certain group.

Finally, it imposes longer maximum sentences for summary convictions, 18 months versus 6 months, and for indictable offences of property less than $5,000 it would increase to 10 years from 2 years.

Bill C-384 provides an opportunity for all four political parties to stand together and provide leadership in Canada against mischief that is motivated by bias, prejudice or hate against certain groups.

I am very proud to be a part of a government that is dealing with such a complex issue. Certainly there is much more we can all do as individuals and as communities to combat racism in our country and our communities, but I hope all members will commit to continuing to work together to ensure all Canadians have a justice system that reflects our values as a nation.

I will conclude by again congratulating the member opposite, the member of the Bloc Québécois, who I did get to meet, as I mentioned before, when I introduced my private member's bill, Bill C-299. She was very effective at the justice committee in terms of posing questions and understanding the intent of the bill that I wanted and helpful in proposing amendments to improve that legislation. I certainly give her the same respect and I share her concerns with respect to attacks on institutions and her desire to prevent such attacks in the future. I commend her for bringing this legislation forward.

[Diane Bourgeois, Bloc, Terrebonne—Blainville, QC]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-384 introduced by my colleague from Châteauguay—Saint-Constant. This bill was awaited by minority communities. It includes additional sanctions and further protects people from identifiable groups. This bill creates a new offence to clearly prohibit heinous acts committed against property used by minority groups. I have some examples.

In June 2007, the Jewish community feared they were dealing with an anti-Semitic pyromaniac after a third fire in two weeks was reported at a camp for a Hasidic Jewish community in Val-David.

Again in June 2007, a building at a camp belonging to the Jewish community went up in flames in Val-David, in the Laurentians.

In April 2007, a small bomb exploded in front of the Ben Weider Jewish community centre.

In April 2004, an arsonist set fire to the library at the United Talmud Torah elementary school in Saint-Laurent.

In September 2006, an arsonist set fire to the Abraar Muslim school in Ottawa.

Anti-Semitic acts and acts against identifiable groups do exist and occur frequently. The bill introduced by my colleague from Châteauguay—Saint-Constant specifically prohibits acts of mischief against schools, daycare centres, colleges or any other place used by identifiable groups. This is an addition to the current legislation.

I must point out that this bill is already receiving support from minority groups in Quebec and Canada as well as, and this is saying something, the deputy leader of the Liberal Party in the House of Commons and hon. member for Notre-Dame-de-Grâce—Lachine, the New Democratic Party justice critic and hon. member for Windsor—Tecumseh and a number of other colleagues, namely the members of the Bloc Québécois, who will vote en masse in favour of this bill.

I was listening to our colleagues from the Conservative Party and the Liberal Party. I think they will vote in favour of the bill, but first they have to find a few little things wrong with it. I imagine they will discuss them with my colleague from Châteauguay—Saint-Constant and all come to an agreement to provide an additional tool to protect our ethnic groups.

We therefore hope that this bill will move through all the approval stages so that the rights of minority groups, which have too often suffered assaults against their gathering places, will finally be recognized. It is vital that such a legislative amendment be passed, in order to preserve the safety and dignity of the groups targeted by this bill by imposing harsher penalties for this type of offence. Moreover, we must recognize the need to protect these groups. We must therefore vote for this bill.

The bill also addresses a widespread concern in society. The number of anti-Semitic acts perpetrated in the past seven years clearly shows that the current protection is not broad enough. The fire bombings of two schools that I mentioned earlier were not covered by the existing Criminal Code provisions concerning mischief. An attack against this sort of institution traumatizes not only the people who live in the area, but also the surrounding community.

It is serious when communal facilities other than places of worship and cemeteries are targeted, and when places where there are children are targeted, it is even worse. Such acts must be stopped.

We could talk about the gay community. We could also talk about Muslims, who regularly face this sort of problem. The gay community in particular is regularly the target of slurs and aggressive behaviour. Even in 2008, it is not true that homosexuals are accepted socially. Unfortunately, they still suffer a great deal of prejudice.

I am certain that the content of the amendment to the bill proposed by my Bloc Québécois colleague from Châteauguay—Saint-Constant will bring us a step closer to respecting everyone's rights.

Earlier, I mentioned the Muslim community. That community is regularly the target of violent acts. Of course, such acts are committed by a minority of people, but they still heighten tensions within society. Hon. members will recall that in January 2007, a Muslim school in Montreal was horribly vandalized.

That is why everyone must vote for the Bloc Québécois bill. In that way, we will send a clear message that such acts are and will always be unacceptable.

We have to strengthen the law so that all minority groups can live in peace within Quebec society and Canadian society without fearing intimidating threats and violence. There will always be people who do not mean well. These people are everywhere, and they often attack places used by minority groups out of spite.

That race, colour, national or ethnic origin or sexual orientation should motivate such mischief is unacceptable. We have to make it possible for everyone to live in peace and use spaces without being subjected to such threats. The message has to be clear, and for it to be clear, we need to vote in favour of Bill C-384.

I would also like to emphasize that, in my opinion, this bill will make it clear that any mischief against places used by any particular group will be prosecuted. There is no ambiguity there. I would therefore ask all members of this House to support this bill so that we can all reiterate that there is zero tolerance for this kind of violence.

We Quebeckers live in an inclusive society. Canadian society is also inclusive, but it accepts multiculturalism. In Quebec, they are Quebeckers. If they come to Quebec, they are Quebeckers. And we want to protect them. We want them to know that they are welcome, that they will be safe with us, that they can eat, work and live decently. Bill C-384 is proof of that.

I hope that the House will pass this bill. If my Liberal and Conservative party colleagues find something they do not agree with, I invite them to talk to my colleague about it. She will explain what it is all about. I also encourage them to ask their colleagues to support this extremely important bill.

I see that the member for Laval—Les Îles is here.

There are many cultural communities in her riding, so she understands the importance of this bill. I invite her to—

[Borys Wrzesnewskyj, Liberal, Etobicoke Centre, ON]

Mr. Speaker, it is an honour for me to rise and participate in the debate on Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution). This bill would create a new offence in section 430 of the Criminal Code to prohibit hate motivated acts of mischief against an identifiable group of persons at an educational institution, including a school, day care centre, college or university, or community centre, playground, arena or sports centre.

I would like to congratulate the member for Châteauguay—Saint-Constant for her initiative in introducing this bill and thereby raise attention of this type of hate crime in our society.

In discussing this proposed legislation, there are two main elements that should be underscored. First, the importance of fighting hate motivated crimes; and second, to provide protection to the educational and social places where ethnocultural and other identifiable groups gather.

These are places where people gather to joyfully share in cultural experiences, often passing on through generations the richness of our multicultural mosaic. These are institutions to which children are entrusted to be educated. Yet too often, those who would hate and cause violence target these very places of joy and education.

Canada is an open and welcoming society that has embraced multiculturalism as an underlying principle. Our multicultural mosaic is a shining example to the world of peace and harmony among all races, religions, ethnicities; in fact, humanity in its endless multitudes of variations. Unfortunately, there are those among us, individuals and groups, who would act to spread hatred and violence, even violence against identifiable groups.

In 2004 the pilot survey of hate crime was published by Statistics Canada. This study reported a total of 928 hate crime incidents.

Overall, 57% of these hate crimes were motivated by race or ethnicity. The second most common motivation was religion, which accounted for 43% of incidents. Sexual orientation was the motivation in one-tenth of the incidents.

Blacks and South Asians were among those most frequently targeted in hate crime incidents motivated by race or ethnicity. The majority of incidents by religion involved anti-Semitism followed by those targeting Muslims.

The most common types of hate violations included: mischief or vandalism at 29%; assault at 25%; uttering threats at 20%; and hate propaganda at 13%.

While statistics are important, I would also like to point out a number of examples of hate crimes against several communities, religious and educational institutions that make the case of supporting Bill C-384 even stronger.

On March 24, 2004, the Al Mahdi Islamic Centre in Pickering was intentionally set on fire. Its interior walls were spray painted with supremacist graffiti. On September 2, 2006, the Skver-Toldos Orthodox Jewish Boys school in Outremont was firebombed. On June 21, 2007, the community centre of the Kitigan Zibi Anishnabeg Algonquin First Nations community in Quebec was vandalized with swastikas and white supremacist graffiti. On March 11, 2008, RyePRIDE, a community service group at Ryerson University was vandalized with hate graffiti.

The study also concluded that young people, those between the ages of 15 and 24, experienced the highest rate of hate crime victimization. This rate was two times higher than the next age group. As well, it was educational and other community institutions that were the most frequent targets of hate crime propaganda.

Acts of vandalism motivated by racism, xenophobia, homophobia, and hatred of the other are more than simple acts of mischief. To the victims and the community to which they belong these are traumatic assaults on the very core of who they are and their place in society. It is an assault on the very values of inclusion, tolerance and pluralism that are at the core of our Canadian identity.

I would now like to address a gaping omission in our current hate crimes legislation. According to the 1999 General Social Survey, 18% of hate crimes were motivated by hatred of a gender. Yet, gender-based hate crimes, misogyny and misandry, are not covered.

As it is currently drafted, Bill C-384 only addresses acts of hatred or incitement to violence against an identifiable group based on religion, race, colour, national or ethnic origin or sexual orientation.

As Valerie Smith, a leading expert and advocate on the issue of violence against women, underscores, misogynistic acts of vandalism carried out against a girls' school or university women's centre would not be covered under this bill because it protects only those groups identified by colour, race, religion, ethnic origin or sexual orientation. Bill C-384 adopts a limited list of identifiable groups found in section 318 of the Criminal Code dealing with hate propaganda.

For this reason, it would seem prudent to amend the proposed legislation to ensure that hate targeting a gender group is also included, because as the Canadian Centre for Justice Statistics shows, women and girls continue to be targets of hate crimes at disturbingly increasing rates. Because sex, the legal term for gender, is not included in the list covered by this proposed legislation, girls and women will not be protected under this law.

As further underscored by Valerie Smith, this legislation would be enhanced if the more inclusive definition found in Criminal Code subsection 718(2) were to be used.

In 1996 this law was amended to allow courts to increase a sentence where an offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental and physical disability, sexual orientation or any other similar factor. There is no legal reason for Bill C-384 to use the limited list of identifiable groups found in section 318.

As section 15 of the Canadian Charter of Rights and Freedoms underscores, everyone has a right to equal protection and equal benefit of the law without discrimination, and in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, mental or physical disability.

In the spring of 2005 I was reviewing Canada's hate crimes legislation and I noted that there were a number of categories, identifiable groups. However, I was startled to find an omission. Gender was not covered. That spurred me to draft Bill C-254, An Act to amend the Criminal Code (hate propaganda), a private member's bill that is perhaps unique in the sense that all it entails is the addition of one single word to existing legislation, “sex”.

Returning to my colleague's Bill C-384, I think that besides increasing punishment of hate-based acts of mischief against an identifiable group, vulnerable groups also need assistance to better help protect themselves against these cowardly attacks. This would entail governments taking proactive measures to help defray the increased security costs that would have to be paid by vulnerable communities in protecting their institutions from hate-based attacks.

The current government has set up a pilot project with only $3 million in funding for the purposes of helping vulnerable communities to protect their institutions.

Canada's Jewish community estimated that it would require a minimum investment of $8 million to begin to upgrade the security surrounding its community centres and schools.

In many cases the communities whose institutions were attacked were forced to raise funds to repair and enhance security in their facilities. This has taken much needed funding away from the educational needs of children and youth.

In response, the leader of the Liberal Party announced in April that a Liberal government would create a $75 million fund to boost security at places of worship and community centres targeted by racist vandals.

It is my view that Bill C-384 is a worthy piece of legislation that should be supported by all members. It is also my view that Bill C-384 would be further enhanced by friendly amendments that would deal with gender-based acts of hatred.

When people talk of a future global village, I respond by saying that it exists here in Canada, in our urban centres. We are a shining example to the world of how humanity, in all of its variations, can live constructively and joyously in peace and harmony.

However, in our midst threats exist to our multicultural mosaic, to our Canada, a Canada which celebrates all of our diversities. With this legislation we will further diminish the ability of those who hate, who would do harm, and who would incite others to do so.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I am pleased to speak today to Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution), that was introduced by the member for Châteauguay—Saint-Constant.

At the outset I would like to tell the House that I wholeheartedly support the purpose of this bill and the reasons obviously that would have motivated the member for introducing such important legislation. I believe the great majority of Canadians welcome people who come from different countries, different cultures, different races and different religions. I know that we as Canadians also believe that those who arrive in Canada with different backgrounds enrich Canadian life and our culture.

Unfortunately, there is also a small minority of Canadians who do not welcome these newcomers and even oppose their presence in Canada and sometimes do so in a violent manner. The opposition to a group's presence in Canada could be expressed by writing offensive words, or perhaps damaging buildings where members from these groups are likely to go either to meet or receive services.

Damaging a building is indeed a criminal act already. It is an act that is covered by the offence of mischief which is found in subsection 430(1) of our current Criminal Code. The sentence for those found guilty of mischief under the current law varies with the mode of prosecution, that is, whether the offence is prosecuted by summary conviction or by the process of indictment.

The sentence of mischief prosecuted by indictment also varies depending on the value of property against which the mischief has been committed. Mischief is prohibited in all cases, however, regardless of the motivation. However, what is important is that when an offence of mischief is motivated by bias, prejudice, hatred based on race, colour, national or ethnic origin, language, religion, sexual orientation or any other factor, the motivation becomes an aggravating factor for sentencing purposes.

If the acts covered by Bill C-384 are already covered by the current provisions of the Criminal Code then one would somehow question why we would want to create a new offence. I have that answer.

I believe that two purposes would be served by enacting Bill C-384. First, the creation of a specific offence will draw attention to the actions that the offence prohibits. It will state clearly that the violent expression of hatred against a minority group is a criminal offence with all of the consequences for those who are found guilty. Second, the bill will increase the penalty for the offence. We know that in most cases mischief is prosecuted by way of summary conviction. Under the current law a person convicted of mischief against one of the buildings listed in Bill C-384, for example, when prosecuted by summary conviction is currently only subject to a maximum penalty of 6 months. Bill C-384 would increase this penalty up to 18 months.

Under the current law, if the Crown wants to request a penalty of more than 6 months, it must proceed by way of indictment. Bill C-384 will allow the Crown to request a penalty of up to 18 months without having to resort to the more complex procedure of indictment. Bill C-384 also has a practical effect when the offence is prosecuted by indictment.

The current law provides for a higher maximum sentence when the value of the property against which the mischief is committed is over $5,000. Currently, where the value of the property is $5,000 or less, the maximum penalty is only 2 years. It is 10 years when the value of the property is over $5,000.

Bill C-384 would eliminate the distinction based on the value of the property. Hate crimes know no value of property. The higher maximum of 10 years would apply regardless of the value of the property against which the mischief is committed. As a result, the maximum penalty would be increased from 2 years to 10 years for mischief against property of $5,000 or less.

As I indicated earlier, I do support this bill. However, I believe the bill would benefit from some technical improvements. I think it would be beneficial to clarify the language of the bill and ensure that it is consistent with the provisions currently set out in the Criminal Code.

As a member of the justice committee, I look forward to seeing Bill C-384 get to committee where it can benefit from study and technical amendments that may be necessary, but will not affect the scope and purpose of the bill. I believe all members of this House will want to work together toward the improvement of this bill which has support from all parties in this House.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, I am pleased to speak again here today on the subject of Bill C-384 introduced by my hon. colleague from Châteauguay—Saint-Constant.

It is important to reflect carefully on this bill. I spoke about it nearly a month ago. Since then, we have had time to reflect on it. Personally, since I knew I would be speaking to it again a few weeks later, I took the time to think about other arguments to try to convince the members of this House to vote in favour of Bill C-384.

First of all, I still wonder why it took until 2008 for Bill C-384 to be introduced. Why did it take so long? Why did no one think about this issue before and try to establish measures to deal with people who write graffiti on schools and other locations? It is now being proposed that these institutions be covered by the legislation.

It is important that all members of the House of Commons take the time to read the bill. By doing so, they will be able to get a complete picture, without having any anti-Semitic ideas or other notions. That is important.

Indeed, people from various communities have legitimately asked to be able to keep their premises clean, whether they be places of prayer or schools. Furthermore, they have asked to be able to preserve their culture without being stared at inappropriately by people who could resort to all kinds of ploys to mock their way of thinking or expressing themselves.

Previously, only two types of institutions were covered: places of worship and cemeteries. Now, many others are also included. I mentioned schools, but this would also include daycare centres, colleges, universities, community centres, playgrounds, sports centres and any other place occupied by identifiable groups. It is important to protect them. Bill C-384, introduced by my colleague, is so very important.

We claim to be a host country and to want to welcome all these groups. However, there is no protection for these identifiable places I have just mentioned. This bill will provide adequate protection for these places under the Criminal Code. Thus, these groups will be able to practice their religion or carry out their activities in recreation centres without having to hide or be identified with one group or another. In this way we prevent them from being discredited by either saying or writing anything.

We assume that the members of this House will do everything it takes to make this bill a piece of legislation allowing these people to go about their usual activities.

Although we are discussing bill C-384, I would like to digress for a moment.

My party asked for an emergency debate on the price of gasoline. I would like parliamentarians to be aware of the escalating cost of gasoline. The Bloc Québécois should be allowed this emergency debate so that we can have a straightforward and honest discussion. Voters would realize that some members of this House are not keen to discuss the price of gasoline, to propose measures to curtail increases, to keep oil companies in line and to regulate prices to a greater extent.

Good luck to the member for Châteauguay—Saint-Constant with her bill and may it be passed and become law.

[The Acting Speaker, Conservative, Royal Galipeau]

When we were debating Bill C-384, the hon. member for Shefford had five minutes left to complete his speech. He now has the floor.

The House resumed from April 16 consideration of the motion that Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution), be read the second time and referred to a committee.

[The Acting Speaker, Conservative, Royal Galipeau]

The time provided for the consideration of private members' business has now expired, and Bill C-384 is dropped to the bottom of the order of precedence on the order paper.

When we return to the study of this bill, the member for Shefford will have five minutes to complete his remarks.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, I am pleased to speak to Bill C-384, which was introduced by my colleague from Châteauguay—Saint-Constant. This bill is innovative. Before this bill, it was a matter of only two locations: places of worship and cemeteries. With the passage of this bill, it will henceforth be prohibited to attack a school. Why? Because that is just as important.

When children go to school in the morning and see their school covered with hateful graffiti, that enters into their subconscious minds and stays with them. It is all well and good to tell these youngsters that people should not do such things, but it can by psychologically disturbing for them.

Even teachers are shocked by this when they arrive for work in the morning or when they see this near a day care centre. They must also take their children to the day care centre and see graffiti on the way. Their children will ask them questions, wondering why there are hate messages and why someone would write that on a school, or anywhere for that matter. These questions will be asked.

I want to share a story. At one point in my life, I was a union representative. A worker once came to me to say that he would like to be able to finish high school. He had worked hard and completed three years of high school in the evenings. Having a job and going to school is very hard work, but it is something that someone who wants to succeed must really make an effort to do.

One Friday, this person went to his supervisor to ask for an afternoon off because he had to take two exams to finish high school, and the diploma would help him move to a new position or a new job. In fact, all companies require a diploma. His supervisor asked him why he wanted to get his high school diploma and if he did not like his current job. The employee replied that he would like to improve his life and earn a decent income to raise his family. The supervisor pointed out that he was black, and that blacks were meant to work in factories and not to hold senior positions, such as supervisors. He did not grant permission, and the worker had to find another way to take his exams and get his high school diploma. The supervisor did not think it was worthwhile to get the diploma because a black person was not meant to hold a senior position.

A grievance was filed against this supervisor, and I do think the employee won.

This bill also includes colleges, universities, community centres and playgrounds. Is it not bad enough that, in the summer, when children go to the playground they go to every day, they see graffiti saying that society should get rid of all blacks—or any community—that nobody should see them and that children should not play with them? That is not what we want to teach our children. We teach them that they have to be kind to one another, that every person is different, and that we have to accept those differences.

What message is graffiti like that sending to children? It might bother them and, as they grow up, they will begin to think that there is a colour difference, a difference they can exploit. I do not see why we should tolerate such things.

My colleague from Châteauguay—Saint-Constant is on the right track. This is perfect timing for this bill. All parties in the House of Commons, the NDP and the Liberals, agree. Recently, the champions of law and order proposed a new bill to curb auto theft. What is more important, auto theft or hate crimes against people? People are much more important.

I see that my time is up, but I know I will be able to continue next time.

[Mike Allen, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, I am pleased to have the opportunity to rise today on private member's Bill C-384, introduced by the member for Châteauguay—Saint-Constant.

Bill C-384 proposes to amend the Criminal Code by adding a new offence to the existing mischief provisions.

The Criminal Code mischief provisions state:

Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders it dangerous, inoperative, or ineffective;

(c) obstructs, interrupts, or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

The amendment would make it a specific offence, with increased penalties, when the mischief is committed against an educational or recreational institution, or any related object, that is used exclusively or principally by a group identifiable by its colour, race, religion, ethnic origin or sexual orientation.

The bill, specifically in lines 12 to 15 about sentencing, states: “being motivated by bias, prejudice or hate based on religion, race, colour”. When I read that, I know that some of the existing provisions in the Criminal Code about mischief allow action to be taken by the judge.

The new provision would apply when it could be proven that the act of mischief was motivated by prejudice or hate based on religion, race, colour, national or ethnic origin or sexual orientation.

I understand the rationale behind the proposal. It seeks to send a clear message to Canadians that we do not tolerate acts motivated by bias, prejudice or hatred. I noted the examples pointed out by my hon. colleague from the Bloc, who talked about the schools and the things that were done in Outremont to the Jewish school and the library.

In particular, it seems that the intention of the bill is to send a message to potential hatemongers that we do not tolerate acts that are directed toward institutions in Canada that are used by what is defined in subsection 318(4) of the Criminal Code as an “identifiable group”, or in other words, a group identified by colour, race, religion, ethnic origin or sexual orientation.

My question when I read the bill is about motivation and whether in existing law this is not covered. Does the judge not have the ability to define that aggravating factor when they look at the sentencing provisions?

As we heard in our throne speech last year:

Canada is built on a common heritage of values, which Canadians have fought and died to defend. It is a country that continues to attract newcomers seeking refuge and opportunity, who see Canada as a place where they can work hard, raise families and live in freedom.

We are a diverse nation and our laws recognize and protect that diversity.

The report tabled by Statistics Canada earlier this month also reflects this diversity. The results of the 2006 census shows that the ethnocultural diversity of our population is growing and will continue to increase. In fact the census indicates that there are more than 200 different ethnic origins.

The 32 million people living in Canada make up a cultural, ethnic and linguistic mosaic that is found nowhere else in the world.

Canada welcomes many immigrants a year from all parts of the globe, who continue to choose Canada drawn by the quality of life and its reputation as an open, peaceful and caring society that welcomes newcomers and values diversity.

Canadians need to continue to respect and value one another regardless of their colour, race, religion or ethnic origin. As the member pointed out, unfortunately when there are differences among people, there is the possibility of conflict between them.

And when conflict leads to criminal behaviour, the criminal justice system must be able to respond appropriately.

As a nation, we will not tolerate hate-motivated acts that are based on a person's colour, race, religion, ethnic origin or sexual orientation. We are making great efforts to be a nation where peace reigns. Canada was founded on the principles of peace, order and good government.

Canadians value this and a place where they can feel safe. Today, rightly, they worry about their safety and security. There is no greater responsibility for the government than to protect this right to safety and security.

Canadians can be proud of their country and its achievements. Working together, we have built a nation that is prosperous and safe, a place where people from around the world live in harmony.

I personally had some reservations about the wording and how effective the bill may be when under its provisions crimes are brought before the court. Will it really be effective, especially given that we all see in our ridings at all times the tremendous amount of general mischief against public buildings, private buildings and public and personal property today?

Having said that, I am sure that all members of the House will commit to continuing to work together to ensure that all Canadians have a justice system that reflects our values as a nation, including standing up for vulnerable communities.

[Thomas Mulcair, NDP, Outremont, QC]

Mr. Speaker, I was referring to the remarks made by one of his colleagues that made the headlines last week. And I am not talking about the remarks made by his colleague when he interrupted me in the House, but the clearly homophobic remarks that his other colleague made several years ago. He apologized, but they are nevertheless part of the issue we are debating here this evening. Indeed, we are discussing a legislative amendment aimed at protecting groups that are identifiable because of their minority status. The bill aims to increase sentences not only in the case of places of worship, but also for example in the case of a school or sports centre, or anywhere identifiable groups get together.

I was simply summarizing recent events here. The member in question, who just rose in error, as was so rightly pointed out, alluded to the fact that when I was defending the rights of that gay man who was to be deported to Malaysia, I was constantly interrupted by shouts from the Conservatives, which is another indication of what they really think about this.

Back to what I was saying. Hatred is already considered an aggravating factor in sentencing, and places of worship are already protected. The New Democratic Party supports the member for Châteauguay—Saint-Constant's proposal because it broadens that protection. What remains to be seen is whether the Conservative Party, which is currently Canada's minority government, will vote in favour of or against this bill.

The only answer I was able to get from the member for Peace River was, “We will see”. That is not very reassuring. What we have seen up to now is not very reassuring for identifiable groups. Therefore, we will wait, because he told us we would see, but we will be keeping a very close eye on the Conservatives.

They say that one is judged not by one's words, but by one's actions. It is one thing to say that homophobic statements made years ago by a sitting member of Parliament no longer represent that member's thoughts, and that he is sorry. It is one thing to say that we have a neutral immigration policy when people are being deported to countries where they will be in real danger because in those counties, it is illegal to be homosexual. That is what the Conservative government is really doing, and I highly doubt it is mere coincidence.

Sometimes people ask me how things work here. I often tell them that the only thing I see that they do not see when they watch the debates on television is the behaviour of the members in the House. When the Conservatives have an opportunity to amend a long-standing Canadian policy in order to request clemency for Canadians sentenced to death in other countries, I watch their reactions in the House. They are handling these files in a way that will keep their political base happy. They know exactly what they are doing. The member for Peace River's sardonic smile says a lot about the Conservatives' real attitude.

All I am asking is that the Conservatives prove me wrong by voting. I hope that they will support Bill C-384, which, as I said, has the support of three of the four parties here. Today would be a very good day if we could agree on this. As the member said, we will see.

[Thomas Mulcair, NDP, Outremont, QC]

Mr. Speaker, I am pleased to speak on behalf of the NDP about Bill C-384, put forward by my colleague from Châteauguay—Saint-Constant.

The purpose of this bill is to improve and update existing provisions of the Criminal Code. These provisions already state that if an act is committed against a place of worship, the penalty can be increased. This was in response to a number of tragic events throughout Canada, and particularly in Quebec.

What we are doing here is broadening the scope. It would apply not only to places of worship, but also, for example, schools or possibly sports centres. It could even include libraries or other places patronized by members of a group specifically referred to in existing regulations, also known as identifiable groups.

I am going to pick up the pass from the Bloc member who asked a question. We had the opportunity to hear from the person who tabled the bill, the member for Châteauguay—Saint-Constant, supported by the NDP and the official opposition. They made their points clearly.

Even though, as you stated, Mr. Speaker, we are not allowed to ask questions or make comments at this stage to a government member, I can still say that I am not very far away from the member in question. I spoke to the member for Peace River after his presentation, because I too did not understand whether or not the Conservatives were going to support the bill. He replied, with a little smile, “You will see.” So, I was not the only one, nor was the Bloc member who just spoke the only one who was unsure whether or not the Conservatives were going to support the bill.

I can say that we will be watching the Conservatives very closely. All things being equal, the support of the official opposition, the Bloc and the NDP should be more than enough to win the vote. But recent events concerning sexual orientation have made us very wary of the Conservatives' attitude.

I held a press conference with a gay man from Malaysia who was facing possible deportation. According to Amnesty International, which is helping us with his case, the penal code in Malaysia orders up to 20 years in prison and in some cases even lashings for one's sexual orientation. Despite that, the Conservatives proceeded with his deportation, even though he had been in Montreal for years. He was not a risk to anyone, he contributed to society and could have been an excellent citizen.

Then there were the clearly homophobic remarks uttered by a Conservative member. The response was: “That was a long time ago. He has since changed his mind. He said he was sorry.” True, but the fact remains that that is part of a bigger picture.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, it is an honour for me to participate in this debate. I would like to congratulate my colleague for Châteauguay—Saint-Constant for her valiant effort in bringing this bill before the House. The objective of the bill is praiseworthy and necessary, particularly as we approach the fourth anniversary of the bombing of the United Talmud Torah elementary school in Montreal. Hate attacks against cultural communities in Canada continue. Allow me to provide an overview of certain recent incidents.

In September 2006, the Skver-Toldos Orthodox Jewish school for boys in Outremont was firebombed a few hours after the end of the school day.

In January 2007, the Jeunes Musulmans Canadiens (JMC) school in the Saint-Laurent—Cartierville borough was vandalized. Twenty windows were broken and a school bus damaged. That was not the first time the school had been vandalized.

In June 2007, the Kitigan Zibi cultural centre was vandalized and damaged. White supremacist symbols and slogans were painted on the walls of this Algonquin cultural centre.

In March 2008, vandals covered the door to the gay lounge at Ryerson University with homophobic graffiti, including the slogan “Gays must be exterminated”. The incident occurred one month after a gay student was attacked on campus.

I will not read out quotes to the House on the hate crimes reported in Canada, since I think my colleague from Châteauguay—Saint-Constant painted a good picture.

I would, however, like to bring up a point about these statistics and data. Usually the Canadian Centre for Justice Statistics collects data on hate crimes. Unfortunately, since the 1999 study, there have been no national data on hate crimes. The centre has not collected any data on the subject, so we have only partial data. We get information from police forces or cities that collect data on hate crimes. I think it is very important to update our data on hate crimes.

In its 1999 report, the Canadian Centre for Justice Statistics established the important link between data collection on hate crimes and the fight against hate crimes. To be successful, we need to have reliable data on the people in question, the facts of the situation, the circumstances, the location of the crimes, the frequency of the crimes, the number of victims and the perpetrators of the crimes. The data will define the problem, the target and the causes, and will help ensure the law is obeyed. Answers to these questions are important to evaluate the needs of victims and communities and to determine what action the police should take.

The 1999 study came to three major conclusions. First, hate crime victims are less satisfied with the actions taken by the police than those who were victims of other types of crimes. Whereas 29% of victims of other types of crimes were dissatisfied with police responses, the proportion jumped to 47% for victims of hate crimes.

Second, young people are the main targets of hate crimes. Persons between the ages of 15 and 24 had experienced hate crimes the most, with a rate twice that of the next highest age group.

Third, 30% of incidents targeted public institutions, often educational institutions.

Legislation is required to address these issues, to increase the consequences of hate motivated crimes, to deter potential criminals from targeting our cultural communities.

We need to demonstrate that there are serious consequences for hate driven acts of mischief, and Bill C-384 accomplishes just that.

Racist, xenophobic or homophobic acts of vandalism represent more than simple mischief. They are traumatic assaults not only on the victims of crime, but on society at large. Thus, by increasing penalties for hate motivated mischief, Bill C-384 represents an important step in bringing justice to those who violate not only the laws of the land but also the values of pluralism and tolerance that all Canadians hold dear.

Bill C-384 would make it an offence to commit an act of mischief against an identifiable group of persons at an educational institution, including a school, day care centre, college or university, or at a community centre, playground, arena, or sports centre.

It expands upon legislation which, as my colleague from the government side mentioned, was passed in 2001, which made it an indictable offence punishable by a maximum of 10 years in prison.

Currently those convicted of mischief or vandalism against educational institutions can face sentences of only up to two years. This bill, by grouping these vicious attacks in the same category as attacks against religious buildings or cemeteries, would increase the maximum sentence from two years to ten years.

In its present form, the bill only addresses acts of mischief rooted in ethnocultural, sexual, racial and religious prejudices. It might be appropriate to amend the proposed legislation so as to include hate targeting linguistic minority communities. Amending the bill to include discrimination based on language would send a strong message of support to our linguistic minority communities across Canada.

The relevance of including our official languages linguistic minority communities is that this very week the Regional Association of West Quebecers received an email from a group which threatened to put, and I quote, “lead in their heads”, in French, “du plomb dans la tête”.

In addition to increasing punishment for acts of mischief against identifiable groups, there is also a need to help vulnerable groups protect themselves against attacks. This would require the government to offset the increased security costs incurred by vulnerable communities in guarding their institutions against hate crimes.

The current government has created a pilot project which is financed with some $3 million. This is good. It is a step in the right direction, but it is a small step.

In 2004 Canada's principal Jewish organizations estimated that it would take approximately $8 million to undertake minimum investments to upgrade the security of their infrastructures, schools and community centres.

Officials from the Taldos Yakov Yosef school, which was attacked in September 2006, had to launch an appeal to raise $150,000 for repairs and security enhancements to that private Orthodox Jewish school.

It was precisely because of my concern with these increased costs incurred by victims of crime, who through no fault of their own were having to fork the bill to ensure the security of their institutions, that in 2004 I wrote a letter to the then prime minister, to the then deputy prime minister, and to the then minister of justice recommending the creation of a national fund for security infrastructure and training for communities with a high risk of victimization by hate crimes and terrorist attacks.

I am proud that last week the Leader of the Opposition, on behalf of the Liberal Party of Canada, announced that a Liberal government would invest $75 million in a fund designed to protect at risk communities. That announcement represents the culmination of vigorous study and consultation by the Liberal Party's task force on cultural communities at risk, which was chaired by my colleague from Thornhill. The task force consulted with the communities that are most at risk at being victimized by hate crimes.

In conclusion, I support Bill C-384.

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I am pleased this evening to speak to Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution), a private member's bill introduced by the member for Châteauguay—Saint-Constant.

Bill C-384 proposes to add a new offence to the mischief portion of the Criminal Code. Specifically, it would propose to add the existing mischief provision to make it a specific offence, with increased penalties, when the mischief is committed against an educational or recreational institution that is used exclusively or principally by an identifiable group.

This new provision would apply if it could be established that the perpetrator's mischievous act was motivated by bias, prejudice or hatred.

This new provision would apply if the mischief occurred in relation to the property, that is, the building, that is used exclusively or principally by that group and as included, this would apply to an educational institute, including a school, a day care, a college or a university; a community centre; a playground, an arena or a sports centre; or any other institution with an administrative, social, cultural, educational or recreational function; or in relation to an object associated with an institution; or on the grounds of that institution.

In 2001 an offence of religious mischief was added to the mischief provision of the Criminal Code. Subsection 430(4.1) was enacted to respond to vandalism and threats against religious property, mostly Muslim, that followed the terrorist events of September 11, 2001.

That 2001 offence, subsection 430(4.1), made it a specific crime to commit mischief in relation to property, that is, a building or structure, or part thereof, primarily used for religious worship, including a church, a mosque or a synagogue, or a cemetery, where the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour, nationality or ethnic origin.

The new offence proposed by Bill C-384, like the 2001 offence of mischief against religious property, calls for an increased penalty over and above what exists in the current legislation. The proposed amendment would increase from 6 to 18 months the maximum penalty on summary convictions for mischief against the property listed in the bill.

Additionally, it would increase the maximum penalty, when prosecuted by indictment, from a maximum term not exceeding 2 years to a maximum of 10 years for property that is under the value of $5,000.

The objective of the bill would seem to send a message to all Canadians that we do not tolerate acts that are directed toward institutions in Canada that are used by what is defined in subsection 318(4) of the Criminal Code as an identifiable group.

There are of course other initiatives under way that work toward promoting diversity. One of them is Canada's action plan against racism. This initiative is a concerted and coordinated effort by federal departments and agencies to combat racism. The action plan is designated and designed to contribute to the long term goals of strength in communities and the realization of economic potential for all Canadians.

The action plan includes new and expanded initiatives to be undertaken by a number of departments, including Canadian Heritage, Justice Canada, Citizenship and Immigration, Public Safety and Emergency Preparedness, and Human Resources and Social Development.

The Minister of Canadian Heritage has a lead on Canada's action plan against racism and is responsible for reporting to all Canadians through the annual report on the operation of the Canadian Multiculturalism Act. Activities undertaken under the action plan support the values and principles embodied in the Canadian Multiculturalism Act.

Canada's action plan is an example of work that the federal government is doing to promote equality before the law, and equality and respect for the people who make up our rich and diverse nation.

In Canada, we do not tolerate acts that are motivated by bias, prejudice or hatred, and we should continue to work together to ensure that all of our laws fully respect this fundamental value.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

moved that Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution) be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure that I will be speaking today about my private member's bill C-384 at second reading. This is my first ever private member's bill in the House, and I am very proud of what it contains and its message. I am sure that my distinguished colleagues will understand the importance and scope of this bill and that, ultimately, they will support it.

Bill C-384 amends the Criminal Code to create a new offence to prohibit hate-motivated acts of mischief against an identifiable group at an educational institution. The term “educational institution” would cover a range of institutions or community places, such as a school, daycare centre, college, university, community centre, playground, sports centre and many others.

There are two fundamentals elements we must take note of. The first is the fight against hate crimes. The second is the protection of places recognized as belonging to identifiable groups. In my opinion, these are two very laudable goals that will benefit all of our communities both on the social and cultural level.

I want to start off by saying that we live in a society known for its openness to the other and to difference. Our tolerance is the envy of the world. It is reflected in the social harmony underpinning all of our communities. However, there will always be people or groups seeking to disturb that social harmony, to spread base, degrading intolerance.

In general, they carry out their plans using the vilest, most reactionary ideas and actions imaginable. Studies have looked at hate crime activity nationally. One of these, the Department of Justice's 1995 study, showed that 61% of 1,000 hate crimes reported to police were perpetrated against racial minorities. That same proportion showed up again in another study conducted in 2002.

Offenders' second favourite target is religious communities, and these crimes are typically committed by anti-Semitic groups.

The third and fourth most common motives for hate crimes were sexual orientation and ethnic origin. According to several studies, individuals' reasons for committing hate crimes are varied.

I am more concerned about some of these reasons because they can easily result in mischief against educational institutions. Many people consider minorities to be scapegoats for ills that befall people and society. Others express their resentment of a minority's economic success. Some have inherited hatred and animosity from previous generations. Sadly, mischief-makers think that they have their society's tacit consent.

Nevertheless, we already have some legislative provisions to counter this kind of harmful behaviour. Initially, the definition of hate crime could be found in the sections in the Criminal Code on hate propaganda, sections 318 and 319, to be precise, which address advocating genocide, inciting hatred and wilfully promoting hatred against any identifiable group. The definition of “identifiable group” includes any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.

In 1996, section 718.2 was amended to allow the courts to increase a sentence where an offence was “motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor”. Thanks to this amendment, the courts can now consider hate an aggravating circumstance.

Section 430(1) of the Criminal Code pertains to the general offence of mischief and prohibits damage to property. Section 430(4.1) covers a subcategory of the offence of mischief: mischief relating to religious property such as churches, mosques and synagogues. But is this enough to protect identifiable groups?

Some might be tempted to believe that hate crimes against educational or cultural institutions are infrequent or are committed by only a handful of individuals in a specific area.

But when we read the headlines, we see that more and more acts of violence are targeting schools and community centres.

I would like to share three recent examples with my colleagues.

On August 28, 2007, the Euclide-Lanthier elementary school in Aylmer was the target of a hate crime when one or more vandals covered one wall of the school with two anti-francophone and homophobic messages. The parents were shocked and disappointed that people would write such things on their school. They rightly believe that their children do not need to read such crude language.

On July 18, 2007, the third fire in two weeks broke out at a Jewish summer camp in Val-David, adding to the group's concern. One or more suspects broke into five homes in this community and tried to set them on fire. They succeeded in completely destroying one and damaging at least two others.

On September 3, 2006, a Molotov cocktail was thrown into a Jewish school in the Outremont area of Montreal. For the second time in less than two years, a Jewish school in Montreal was the scene of a criminal act. In April 2004, a youth had targeted the library of the United Talmed Torahs elementary school in the Ville Saint-Laurent area of Montreal.

My colleagues will notice that I am using examples from Quebec to show that even a society as multicultural as ours, which has a low crime rate compared to the rest of North America, is no exception to the rule. Thus the need to create an additional offence specifically to address mischief against certain categories of buildings used or occupied by an identifiable group of persons.

Citing all the incidents that have occurred across Canada could have been a speech in and of itself, but that is not the purpose of my speech. I want people to understand the need to create this new offence against the educational institutions of identifiable groups. In my opinion, this would add another building block to tolerance and respect for our differences.

Second, the relevance of my bill is not just based on facts alone. It comes from a specific request from a number of organizations that defend identifiable groups. I am referring in particular to the Canadian Jewish Congress, which has been calling for this change to the Criminal Code for five years.

The need for this change has resulted in widespread support for my bill from groups and agencies from all walks of life. Promoting hatred against people is denying them a certain value as human beings and denying them the respect and dignity they deserve.

I want to acknowledge the support I have received from the Canadian Jewish Congress, whose director of intergovernmental relations, Éric Vernon, told me that more than 1,000 acts of anti-Semitism were committed in 2007 alone; Laurent McCutcheon, president of Gai écoute, who indicated that the gay community is still the target of aggressive behaviour and vicious comments; the president of Médias Maghreb, Lamine Foura, who pointed out that the Muslim community is a regular target of violence by certain individuals, as evidenced by the deplorable acts of vandalism committed in January 2007 against a Muslim school in Montreal; Dan Philip, president of the Black Coalition, who would like stronger legislation to allow all minority groups to live in peace without fear of threats and violent actions committed to intimidate them; and finally, Algonquin Chief Stephen McGregor, who told me about a sad incident involving an aboriginal cultural centre in Maniwaki, which was the target of racist graffiti.

But apart from organizations that defend the rights of identifiable groups, I am pleased to have received the support of two members who are well known for their fine contributions to the work of Parliament, the hon. member for Notre-Dame-de-Grâce—Lachine and the hon. member for Windsor—Tecumseh. I greatly appreciate their support, which demonstrates the solidarity that parliamentarians can enjoy when a cause deserves to be moved forward.

This strong support surrounding the need to amend the Criminal Code to combat hate crimes more effectively says a lot. It shows us that we need to act as quickly as possible so that the Criminal Code can reflect the needs of our communities as much as possible. I would remind the House that, basically, hate crimes cause disproportionate harm to the individual and the entire group he or she identifies with. Let us imagine for a moment all the psychological harm caused by the destruction of a community space linked to one's identity.

This largely demonstrates why crimes motivated by hate are often more violent than crimes committed with other motives.

Most importantly, hate crimes invariably cause collateral damage to our communities. That is perhaps the most devastating consequence, because it leads to division within our communities.

As I was saying earlier, in a society like ours, we expect all groups to live together in harmony and equality. From that perspective, hate crimes are an abomination that literally deny all the fundamental values we espouse.

I will close by reiterating that Bill C-384, by creating a new offence involving mischief against educational or other institutions, will send a clear message that our society does not tolerate acts of violence against places that are occupied by or used by identifiable groups. That goes for all groups, without exception, including homosexuals, Muslims, Jews or any other group.

In short, we will send a message that we, as parliamentarians, will not tolerate violent acts motivated by the hatred of one group or community. This new offence will allow us to punish not only the material damage to the building, but above all the morally unacceptable nature of the feeling of hatred that motivated such action towards an identifiable group.

Moreover, Bill C-384 provides a perfect opportunity for the Conservative government to turn words into action. Recently, I was reading some of the Minister of Public Safety's news releases. Every time he visited an institution which was the target of a hate crime, he expressed his indignation and his sympathy for the affected community. Unfortunately, his government has not yet done anything to curb this kind of mischief.

The time is now. He should take this opportunity to act on his ideas. My bill addresses the problem he himself has condemned. All I am asking for is his government's strong support in order to move this bill through the legislative process quickly.

Communities whose educational institutions have been affected by malicious people will always be able to count on the Bloc Québécois and its members to understand their concerns and fight for them.

I would therefore invite all of my colleagues and all parties to wholeheartedly support my bill. This is a step in the right direction. It supports our sense of openness and confirms loud and clear that we believe in the benefits of harmonious social integration.

Judges Act

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I am very pleased to rise today to speak to the debate on Bill C-31, An Act to amend the Judges Act, at third reading.

Bill C-31, if passed as is, would make it possible to appoint more judges to the provincial superior courts. This would mean 20 judges more than the current limit.

The purpose of increasing the number of judges is to improve the flexibility of the legal system so that superior courts can handle the many cases for which they are responsible, as quickly and efficiently as possible. Moreover, it would allow judges from superior courts to be assigned to the new specific claims tribunal, which was created by the Specific Claims Tribunal Act.

Bill C-31 is necessary because the number of judges provided for under the Judges Act has not changed for years. Accordingly, the act does not take into account the population increase and the resulting new social realities, including divorce, and the increasing complexity of some cases. These factors have caused delays in the legal system that penalize citizens.

This bill is a necessary update to accelerate and improve provincial legal systems. It makes sense, which is why this bill was recommended without amendment by the Standing Committee on Justice and Human Rights.

That being said, beyond good intentions, it is important to point out that Bill C-31 will never successfully cover up two major problems concerning justice that are of grave concern to me, that is, the judicial appointment process and the elimination of the court challenges program. Any citizen who cares about having an impartial, efficient judicial system deserves to know about this government's questionable intentions on these two issues.

Regarding my first concern, I would like to emphasize the subjective nature of the judicial appointment process. I have talked about it on several occasions during past speeches. It is such a major problem that it could compromise the desired effects of Bill C-31. I would remind the House that, since being elected, this government has always said it would rather get tough on crime than prevent it. Bill C-31 is nothing more than a slight blip in an ideology that advocates penalizing and imprisoning as many people as possible as the only way to reduce crime.

First of all, I will provide some context by saying that judges are appointed by the government from a list made by a judicial advisory committee whose members voted for the candidate they deem best qualified.

Before the changes made by the Conservatives, the advisory committees had seven members. Out of seven evaluators, four members were politically independent, in other words, there was a representative from the Canadian Bar Association, another from the bar of the province concerned, a representative of the provincial department and, finally, someone to represent the judges. The three other members, appointed by the federal Department of Justice, came from the public. These individuals frequently subscribed to the ideas of the government of the day.

It is important to realize that, as it turned out, the federal government was in the minority on that committee and therefore could not impose a candidate. Nevertheless, the Conservative government was not happy about this situation because it would have had a hard time passing its political “law and order” agenda for justice. So without consulting the legal community, this government unilaterally decided to change the makeup of the advisory committees in the following manner.

First, in addition to the three members of the public, it decided to appoint a police officer, thereby ensuring that four members would be government supporters. Then the judges' representative was denied the right to vote except to break a tie. This means that the government has a majority on these committees and is able to impose its repressive law and order ideology with ease. I believe this is blatant disregard for the entire legal community and clearly shows a shocking lack of faith in the judicial system and the recognized professionalism of judges.

I would like to draw to my distinguished colleagues' attention to the results of The Globe and Mail 's investigation into the matter, published on February 12, 2007, which showed that, apart from the police officers, no fewer than 16 of the 33 individuals appointed to 12 advisory committees were connected in some way to the Conservative Party. This is not a mistake; we are talking about half the candidates. Coincidence? Unlikely. The newspaper revealed a number of cases where the connection was extremely clear.

The members of the Bloc have been saying for a long time that we can hardly wait for the day when partisanship no longer plays a role in judicial appointments and independent committees will choose the most competent judges.

As for my second concern, the government used the excuse of budget cuts to government operations—even though they had a $10 billion surplus—to eliminate the court challenges program, which was cherished by minorities that wished to defend their fundamental rights. That program was created to put individuals and citizens' groups on a level playing field when going to court against a government they felt was is interfering with one or several of their constitutional rights.

When citizens must take the government to court to seek justice, the latter has a slew of lawyers at its service, while ordinary citizens must use their own savings to defend themselves. Since court costs are huge, these people could rely on the court challenges program to balance things out.

With this completely unjustifiable budget cut, the government is showing us, yet again, that its vision on legal matters is narrow and shortsighted and has nothing to do with the word “efficiency”. One thing is certain: the abolition of the court challenges program violates at least five laws or provisions of the Constitution. Before making such a huge decision, the federal government should have consulted with the interested parties, the minorities affected.

But, as is the case with the judicial appointment process, the Conservative government did not consult anyone before shamefully eliminating a program that had proven effective, all to save a mere $5.6 million out of an annual budget of $283 billion. Many organizations have harshly criticized this cut, and rightfully so.

It is clear that the court challenges program was abolished for purely ideological reasons. I think that the Conservatives do not care one bit about minority rights. I feel strongly about this because I am a staunch defender of human rights, as shown by my Bill C-384, which will soon be debated in this House.

It seems as though the Conservatives are discomfited by minority groups such as disabled persons and gays, and by immigrants' rights organizations, women's rights organizations, and all organizations that defend minority groups.

I stated that the court challenges program has proven its effectiveness not only by defending minority rights, but also in the context of common law, by providing jurisprudence. I will provide a recent example of its effectiveness so that everyone will understand how important this program is.

On April 11, the Supreme Court ruled in favour of Marie-Claire Paulin and the Société des Acadiens et Acadiennes du Nouveau-Brunswick, stating that the Royal Canadian Mounted Police must offer its services in both official languages across the entire province of New Brunswick. The RCMP, as a federal institution, was only required to provide services in the minority language in areas where numbers warrant. In her comments about her lawsuit, which has taken eight years, Mrs. Paulin clearly stated that she would not have been able to take her case all the way to the Supreme Court without the help of the court challenges program.

This is the program that the Conservatives have eliminated. Without this opportunity, this woman would have had to have been content with unilingual English service in her own province. This is the sad vision being offered to us today, which greatly concerns me. But the people can always rely on the vigilance and efforts of the Bloc Québécois to make the government understand that this situation is wrong and that they should reverse their decision.

I would like to conclude by saying that if one puts the aforementioned concerns into perspective—the political machinations involved in appointing judges and the elimination of a program as important to minorities as the court challenges program—one cannot help but question this government's real intentions when it comes to justice.

Exactly how will Bill C-31 be able to meet the demand when the intent is to punish rather than prevent? On the one hand, we can expect the legal system to become overburdened very quickly. On the other hand, having more judges will not make a difference if citizens do not have the means to exercise their rights. In my opinion, Bill C-31 is nothing but a drop of good intention and effort in an ocean of ill-conceived punitive approaches.

Nevertheless, the Bloc Québécois will support Bill C-31 so that it can go through the legislative process. All the same, the problem remains: partisanship will always play a major role in the selection of judges regardless of the total number of judges on a superior court.

The Bloc Québécois will always continue the fight to eliminate partisan appointments to the bench. It will do all it can to help the people get truly independent committees whose judge appointment processes ensure that the most competent people are chosen. The Bloc Québécois has also always been extremely supportive of the court challenges program. The government's lack of sensitivity on this issue is inconceivable, as is the fact that it is so out of touch with the needs of our community.

We will do everything in our power to ensure that the government understands that when it comes to justice, it is headed the wrong way. It is even contradicting Quebec's approach, which has often put the lie to the Conservatives' ideological shortcuts and preconceived notions.

We will always be there for Quebec.

Criminal Code

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

moved for leave to introduce Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution).

Mr. Speaker, I am pleased to table in this Chamber today a bill to amend the Criminal Code by making it an offence to commit an act of mischief against an educational institution or premises serving specific groups of persons.

It is essential that hate crimes motivated by religion, race, colour, national or ethnic origin or sexual orientation be punished in order to prevent such abuses.

The parliamentarians of this House will agree that the society in which we live must respect differences. I am introducing this bill for these reasons.

(Motions deemed adopted, bill read the first time and printed)