Bill C-305 (Historical)

An Act to amend the Criminal Code (mischief)

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.

Criminal Code

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, I am very pleased to rise in support of Bill C-305. I want to again take the opportunity to acknowledge my friend from Nepean for his hard work and his leadership in moving this legislation.

Bill C-305 seeks to amend section 430(4.1) of the Criminal Code, which relates to mischief against religious property. Section 430(4.1) of the Criminal Code makes it an offence for an individual to commit an act of mischief motivated by hate targeted at a place of worship such as a church, mosque, synagogue, or temple.

In addition to section 430(4.1), there is also a section of the Criminal Code that deals with mischief targeted toward general property. The reason section 430(4.1) was added to the Criminal Code to deal specifically with acts of mischief motivated by hate targeted at religious property was in recognition of the fact that such acts of mischief were different than acts of mischief to general property.

Take, for example, someone who sprays graffiti on the back wall of a restaurant. In such a case, the victim is the owner of the restaurant. Take the example of someone who sprays hateful graffiti on the back wall of a mosque or synagogue. That is an act that targets an entire community. It affects an entire community and it victimizes an entire community.

Bill C-305 would amend section 430(4.1) of the Criminal Code by expanding the categories of properties to not only include places of worship, but to include the likes of schools, community centres, and seniors residences. The expansion of these categories recognizes that mischief motivated by hate and targeted to people of a religious faith or a religious group often do not just take place at places of worship, but take place at religious schools, or religious community centres or religious seniors facilities. We have seen many examples of hate crimes that have been perpetrated against schools and community centres.

We saw a few years back the horrific fire bombing of the United Talmud Torah School in Montreal. More recent in Ottawa a string of mischief incidents were motivated by hate, which targeted a mosque and two synagogues, but also targeted a Jewish learning centre as well as the Ottawa Muslim Association.

Bill C-305 is good legislation. Its objective is laudable. It was why I was proud to speak in strong support of the bill at second reading. It is why I am proud to speak in strong support of Bill C-305 at this stage of the legislative process.

Bill C-305, upon passing the House at second reading, was referred to the Standing Committee on Justice and Human Rights, of which I am a member. As a member of that committee, I had an opportunity to study the bill in some detail.

Upon studying the bill, listening to the witnesses, and reviewing the evidence that was presented to the committee, I, along with the majority of the members of the justice committee, believed that in some respects Bill C-305, as originally drafted, was overly broad, inasmuch as it would apply not only to religious schools, religious community centres, and religious seniors residences but to all schools, all community centres, and all seniors residences. In my view, that would not be consistent with the purpose of section 430(4.1) of the Criminal Code, which was added to the Criminal Code in recognition of the fact that mischief motivated by hate targeted at religious property was a crime that was different, that was unique from mischief that targeted general property.

At the same time as finding that perhaps it was overly broad in some respects, I, along with the majority of the members of the justice committee, could not really see any logic as to why the section applied in cases of mischief targeted toward religious property but did not encompass similar acts of hate targeted at property associated with other identifiable groups. After all, when one commits mischief motivated by hate on a religious community centre, an ethnic community centre, or an LGBTQ youth centre, such acts of mischief are acts that target entire communities, affect entire communities, and victimize entire communities.

On that basis, the justice committee brought forward a few amendments to Bill C-305. As a result, Bill C-305, as amended, is, in some respects, narrowed inasmuch as it no longer applies to any school, senior centre, or community centre. However, at the same time, section 430(4.1) is expanded to encompass not just acts of mischief targeted at religious property but mischief targeted at property associated with any identifiable group, “identifiable group” being already defined in the Criminal Code.

I believe Bill C-305 would help send a strong message that hate crimes against any identifiable group would not be tolerated and that the perpetrators of such egregious crimes would be held accountable to the fullest extent of the law.

Once again, I thank the member for Nepean for his hard work and leadership, and I urge the passage of Bill C-305.

[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.

[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.

[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.

[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 House proceeded to the consideration of Bill C-305, an act to amend the Criminal Code (mischief), as reported (with amendments) from the committee.

Justice and Human Rights

[Anthony Housefather, Liberal, Mount Royal, QC]

Mr. Speaker, I have the honour to present, in both official languages, the 10th report of the Standing Committee on Justice and Human Rights in relation to Bill C-305, An Act to amend the Criminal Code (mischief). The committee has studied the bill and has decided to report the bill back to the House with amendments.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Out of respect for the witness testimony, I think that the “primarily used” subsection is problematic. I go back to that example. If it's a business, a bar, or some kind of a building that's not listed within the definitions of Bill C-305 but is clearly identified with an identifiable group—they congregate there—it's known as an ally, and it's targeted specifically for that reason.

Are you saying it's more important to protect the building, or is our intention here to target the crime that's taking place? To me, it's the action, because it's targeting a building that is associated with a group. Whether it's a school or a business, the crime took place, the action took place because people knew it was associated with the LGBTQ community, or with a Jewish group, or with a Muslim group. That, for me, is the crux of the issue in this particular amendment.

[The Chair, Liberal, Anthony Housefather]

I should have pointed out earlier that NDP-4 would cancel out LIB-2, because LIB-2 is amending the same lines. I just note that NDP-4, if adopted, no longer ties to a building used by an “identifiable group”, because it goes back to the wording of Bill C-305, unless it's amended. I'm just pointing that out.

Are there any comments on that side?

Mr. Fraser.

[Glenn Gilmour]

This would propose to add the concepts of age, sex, or mental or physical disability to what had been proposed originally in Bill C-305. It makes no reference to the concept of gender identity, but for a particular reason. This amendment would make the hate-motivating criteria in Bill C-305 consistent with the current hate-motivating criteria in the present definition of “identifiable group” for the hate propaganda offences in the Criminal Code.

All of these criteria are found in the hate sentencing provision of the Criminal Code as well. It would ensure that the list of factors is updated to reflect the hate-motivating factors that occur in the definition of “identifiable group” for the Criminal Code.

As has been mentioned, in Bill C-16, which is currently before the Senate, we propose to add the concepts of “gender identity” and “gender expression” both to the definition of “identifiable group” and to the hate crime sentencing provision in the Criminal Code.

I believe mention has been made of a motion for a coordinating amendment to ensure consistency, so that at all times the list of hate-motivated criteria for this expanded hate crime mischief offence—if that is the choice of the committee—would be identical with the list of hate-motivated criteria for the definition of “identifiable group”.

[The Chair, Liberal, Anthony Housefather]

Just to clarify, Mr. Gilmour, in Bill C-305 as proposed, and in the various amendments, we're not talking only about the building itself, but we're referring to portions thereof of a building. So if a portion thereof were primarily used, that would also.... Even if the rest of the building were used for something different, if you had a shopping centre and one portion was a church and it was primarily the church, that would also be covered.

[The Chair, Liberal, Anthony Housefather]

Ladies and gentlemen, we're going to convene this meeting of the Standing Committee on Justice and Human Rights.

I am pleased to welcome you all here today.

Today we will do our clause-by-clause review of Bill C-305, An Act to amend the Criminal Code (mischief).

I will be going through the amendments in the order they were received by line, so we're basically going to start from the top of the bill. We'll move down by line and then, if there are conflicting lines, I will give you guys the one that was received first and then let you know which ones are not receivable afterwards if we adopt the first amendment.

(On clause 1)

Our first amendment is NDP-1. If NDP-1 is adopted, CPC-1 cannot be moved as both amend the same lines. Basically, if NDP-1 is adopted, it would knock off Conservative-1.

I will let Mr. MacGregor put forward his amendment.

Mr. MacGregor.

[Glenn Gilmour]

I have a couple of comments.

I'll just reiterate that even under the current law, without Bill C-305, those sorts of incidents could be caught by the sentencing provision in subparagraph 718.2(a)(i).

If the desire of parliamentarians is to expand the scope of the bill so that temporary use rather than long-term or primary use of a building for, say, an LGBTQ community would be caught by its scope, then it would seem to me that one would have to change the “primarily used by” provisions. It's broader in scope. Let's say you're going to a bar and mischief is committed against the bar because there are members of the gay community inside that bar. If you were to ask me, in the way this bill is currently worded, I don't see it, by my reading of it, covering that kind of activity.

As I mentioned, it would be covered by the hate crime sentencing provision under the general mischief offence because, presumably, a bar would be worth more than $5,000.

[Glenn Gilmour]

My reply to that would be, I suppose, in part related to Bill C-16,, the bill currently before the Senate on expanding not only the definition of “identifiable group” but that would also amend the hate crime sentencing provision in the Criminal Code to add both gender identity and gender expression to that provision. In that sense, the hate crime sentencing provision, once Bill C-16 is passed, would reflect current thinking by Parliament on the need to protect groups that had not been specifically singled out for protection before.

The other part I would mention is that Bill C-305 only focuses on mischief committed against various groups when that is motivated by hatred. It does nothing to focus on violence against persons when that violence is motivated by hatred based on various criteria, such as sexual orientation, gender identity, or gender expression. The way the current law works is that, for those kinds of incidents, say assault or assault causing bodily harm, the sentencing provision in the Criminal Code, in 718.2(a)(i), is used to adequately denounce and punish such conduct, not Bill C-305.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Thank you.

Going into the actual wording of Bill C-305, if you look at proposed subsection 430(4.101), paragraphs (a) through to (d), we had witnesses talk about the use of the phrase “primarily used”. Is the use of that terminology going to be problematic in excluding certain types of property, or do you think it would be best for us to modify that wording to make it more encompassing?

A large part of the story from this committee so far has been about the language in this and whether we need to broaden it while being more specific. If you can help direct us to the goal line, that would be much appreciated.