This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Chandra Arya Liberal
Introduced as a private member’s bill.
This bill has received Royal Assent and is now law.
This is from the published bill.
This enactment amends the Criminal Code to add to the offence of mischief relating to religious property the act of mischief in relation to property that is used for educational purposes, for administrative, social, cultural or sports activities or events or as a residence for seniors.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
The House proceeded to the consideration of Bill C-305, an act to amend the Criminal Code (mischief), as reported (with amendments) from the committee.
The Assistant Deputy Speaker Anthony Rota
There being no motions at report stage, the House will now proceed without debate to the putting of the question on the motion to concur in the bill at report stage.
Chandra Arya Liberal Nepean, ON
moved that Bill C-305, An Act to amend the Criminal Code (mischief), be read the third time and passed.
Mr. Speaker, I would like to begin by thanking all members of this House. They unanimously supported this bill at second reading. Bill C-305 seeks to amend a subsection of the Criminal Code which deals with damages to property due to crime motivated by hate based on religion, race, colour, and national or ethnic origin. The bill proposes to expand this to include motivation by hate based on gender identity and sexual orientation.
In its present form, subsection 430(4.1) of the Criminal Code creates an offence for hate-motivated mischief relating to religious property. Bill C-305 proposes to amend this section by expanding the scope of buildings to which this subsection applies. The proposed amendments add hate-motivated mischief directed at a building primarily used as an educational institution or for administrative, social, cultural, or sports events, or as a residence for seniors. These are in addition to the places of worship, such as temples, mosques, synagogues, and churches. The unanimous support for this bill, as received today, sends a strong message to all Canadians that we stand united against hate crimes.
Bill C-305 would expand the scope of motivating grounds on which the offence may be based. The current law only provides protection for crimes motivated by hate based on religion, race, colour, and national or ethnic origin. The proposed amendments would add the grounds of hate, sex, sexual orientation, and mental or physical disability.
The Standing Committee on Justice and Human Rights has proposed amendments—
The Assistant Deputy Speaker Anthony Rota
Order. I would like to remind members of the House that debate is taking place, and it is nice to hear everyone speaking.
It is nice to hear people talking to each other, but if members want to have conversations, it would be great if they did so outside the House.
Chandra Arya Liberal Nepean, ON
Thank you, Mr. Speaker.
The Standing Committee on Justice and Human Rights has proposed amendments which I humbly accept. It is my understanding that the government will support the amendments to Bill C-305 that were passed as the proposed changes are consistent with our government's stated commitment to diversity and inclusion. The amendments would protect additional groups and ensure consistency with other provisions of the Criminal Code, and address over-breadth.
I am honoured to have received support from many religious and community organizations all across the country. Organizations representing the Jewish faith, the Islam faith, Sikhs, Hindus, and Christians have overwhelmingly supported Bill C-305. LGBTQ2 groups have also been strong supporters of this bill. It is my hope that this bill and, optimistically, soon a law can bring some peace of mind by acting as a strong deterrent against these acts of hatred.
Hate crimes happen in small towns and large cities. They involve everything from simple graffiti to brutal murders. They may be called hate crimes, bias crimes, civil rights crimes, or ethnic intimidation. All these crimes are committed because of race, religion, ethnicity, sexual orientation, or against other recognized groups.
Canada is an inclusive nation. We welcome people from all over the world, irrespective of race, religion, colour, or creed. Regardless of where people are from, what nationality they are, or what they believe, they will be treated with respect in Canada.
Although bigotry may be as old as humanity itself, the term “hate crime” is a new one, as is the idea of special treatment of these offences. The term “hate crime” came into common use during the 1980s, but the term is often used retrospectively in order to describe events which occurred prior to that era. From the Roman persecution of Christians to the Nazi slaughter of Jews, hate crimes were committed by both individuals and governments long before the term was commonly used.
We had certain dark episodes in our country: the Chinese head tax; the internment of Ukrainian, Japanese, and Italian Canadians during the First and the Second World Wars; our turning away boats of Jewish and Punjabi refugees; our own history of slavery; “No Irish need apply”; “We don't speak French here, so speak white”; the discrimination faced by Greek and Portuguese Canadians in Toronto and other places.
The same rhetoric that led to a “none is too many” immigration policy toward Jews in the 1930s and 1940s is being used to raise fears against Muslims today. There has been discrimination on the basis of sexual orientation and gender identity for a very long time. The Criminal Code once described gay men as “criminal sexual psychopaths” and “dangerous sexual offenders”.
In the 1960s, we deployed the RCMP to investigate suspected homosexuals. This discrimination still exists in Canadian society today.
While Bill C-305 would not solve every issue related to racism and discrimination, it would take important small steps in protecting those most vulnerable, strengthening the Criminal Code, and acting as a strong deterrent.
In my speech today, I will refer to an excerpt from the book Hate Crimes: Causes, Controls, and Controversies, by Phyllis Gerstenfeld. She writes that the birth of hate crimes in the United States was in 1977 when a neo-Nazi group called the National Socialist Party of America wished to hold a demonstration in front of the village hall in Skokie, Illinois, which had a huge, large Jewish population, many of whom were Holocaust survivors. One organization that paid special attention to this was the Anti-Defamation League of B'nai B'rith, a group that combats anti-Semitism and other forms of bigotry. Alarmed by increasing anti-Semitism and frustrated with existing federal and state laws, it drafted a model ethnic intimidation statute in 1981.
Together with allies, such as the National Gay and Lesbian Task Force, the National Institute Against Prejudice and Violence, and the Southern Poverty Law Center, it began lobbying states to pass the statute. When it was passed, the model statute contained four provisions. The first of these is institutional vandalism, aimed primarily at people who targeted cemeteries, community centres, and places of worship. Bill C-305 would also deal with this provision, with proposed amendments to the Criminal Code.
Hate-based mischief can have a long lasting impact on the community. A recent study by the Department of Justice stated that the commission of a hate crime is against not only the individual but the entire community. It quoted David Matas who said that people live in community, their Rights are exercised in community. The study further stated:
With victims of hate crime, it is important to consider that the impact on the community is particularly devastating, as hate crimes are “message crimes in that the perpetrator is sending a message to the members of a certain group that they are despised, devalued, or unwelcome in a particular neighbourhood, community, school, or workplace”.
As well, it is important to consider that the impact on the individual victim may result in the victim rejecting the aspect of themselves that was the target of the attack or associating a core part of their identity with fear, loss, and vulnerability.
Since introducing this bill eight months ago, there have been a considerable number of high profile hate-related incidents. Right here in Ottawa, hate-based motivated acts were committed against synagogues, a Jewish community centre, a rabbi's private home, mosques, and a church. Then there was the horrific shooting at a mosque in Quebec. Whenever these things happen, it is important for each and every one of us to stand up united to condemn these acts.
The intent of the bill is consistent with our commitment to ensure equal protection and equal benefit of the law without discrimination, in keeping with the charter. It is also consistent with a clear message that hate crimes will not be tolerated in Canada. Bill C-305 would take a strong step in making our neighbourhoods and communities a safer place to live. Think of the strong message we would be sending to all Canadians that not only select people but all people in Canada can feel safer knowing that Parliament has taken concrete and strong measures to protect them.
Once again, I would like to thank all members for their continued support of Bill C-305.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I have one question. In other discussions in the House, the member for St. Catharines read into Hansard the definition of hate crime. The definition that he read said that hate crimes were actions that would incite violence against persons.
Would the member's bill change the definition of what a hate crime is to incorporate damage to property?
Chandra Arya Liberal Nepean, ON
Mr. Speaker, Bill C-305 proposes to amend a subsection of the Criminal Code which deals with hate crimes against religious property. With the proposed amendments passed by the Standing Committee on Justice and Human Rights, that subsection would include hate crimes against religious properties and other buildings as well. The existing motivations have been expanded to include sexual orientation and gender identity.
Anita Vandenbeld Liberal Ottawa West—Nepean, ON
Mr. Speaker, I thank my hon. colleague from my neighbouring riding for introducing this incredibly important piece of legislation that takes a very strong stand against hate crimes. I noticed in his speech that he referenced some of the deplorable acts of vandalism that have happened here in Ottawa.
Could the hon. member elaborate on how this bill would help prevent those kinds of acts in the future?
Chandra Arya Liberal Nepean, ON
Mr. Speaker, under the current subsection of the Criminal Code, vandalism against the Jewish Community Centre is not covered.
Under Bill C-305, with the amendments that have been passed by the Standing Committee on Justice, vandalism against the Jewish Community Centre would be covered.
That was a major focus of this bill, to expand the definition of property to beyond places of worship. The current subsection in the Criminal Code is limited to places of worship only, but with this new bill it would be expanded to include schools, community centres, cultural centres, and those used mainly by these identifiable groups.
Iqra Khalid Liberal Mississauga—Erin Mills, ON
Mr. Speaker, I thank our colleague for his commendable work on this very important file.
I had the privilege of sitting on the justice committee and looking very closely at this bill. A piece of evidence that we heard as testimony was of an older woman whose home had been vandalized. We heard about the effects this has on an individual and on a community.
Could the member please advise us how this bill would benefit and protect communities that are identified in this bill?
Chandra Arya Liberal Nepean, ON
Mr. Speaker, this bill, as I mentioned earlier, expands the definition of property, and goes beyond places of worship, such as churches, temples, synagogues, and mosques, and cemeteries. The bill includes schools, community centres, cultural centres, and seniors residences which are predominantly used by identifiable groups. Through that, it would provide protection to the community at large.