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

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member for Laurentides—Labelle will have seven minutes remaining the next time this matter comes before the House.

The time provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the Order Paper.

The House resumed from November 22, 2016 consideration of the motion that Bill C-305, An Act to amend the Criminal Code (mischief), be read the second time and referred to a committee.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am pleased to rise in strong support of Bill C-305, an act to amend the Criminal Code regarding mischief. I want to thank the member for Nepean for bringing this bill forward.

Bill C-305 would make small but significant changes to the way we handle hate-motivated crimes against communal spaces. There are many things we can do to stand up to discrimination and make our communities safer for all of us. This bill is one good step in that direction, so I hope we can all work together to see it debated, improved, and passed into law.

Canada is thought of, at home and abroad, as an inclusive nation, a place that welcomes all people, regardless of culture, language, or religion, with equality and respect. It is a country where diversity is not just accepted but celebrated. We strive to make Canada a nation free from racial intolerance and xenophobia, but recent events remind us that we still have more work to do.

Here in Ottawa, right here in the nation's capital, we have seen mosques, synagogues, and a Jewish community centre vandalized. We have seen discrimination in communities right across Canada, and in Quebec City this weekend, we saw where hatred can lead.

In Canada, racial and ethnic discrimination motivates about half of all police-reported hate crimes. Another quarter of these crimes are driven by prejudice towards religion, and that number, sadly, is rising. In just the last three years, hate crimes against Muslim Canadians have more than doubled. These statistics should not cause us to despair. They should call us to action.

Bill C-305 would expand the protection we give to communal spaces against vandalism driven by hate and discrimination. As it stands, the crime of mischief in our Criminal Code is punishable by up to two years' imprisonment, but where that mischief is motivated by “bias, prejudice or hate based on religion, race, colour or national or ethnic origin”, it becomes punishable by up to 10 years behind bars. This is only the case, however, when the crime is committed against religious property. It does not apply to other community spaces.

Bill C-305 would extend these legal protections to more communal places, including daycare centres, seniors' homes, schools, town halls, and sports arenas, granting them the same protected status as places of religion.

Let us be clear. This is not just some arcane criminal law question. It is about our values. It is about supporting Canadians' right to live without fear of discrimination and to enjoy spaces free from hateful vandalism. It is about making it clear that hate-fuelled vandalism is a hate crime, regardless of where it is committed.

A second benefit of Bill C-305 is that it would expand the list of discriminatory motives for hate crimes to include “gender identity” and “sexual orientation”.

Ten years ago, New Democrats pioneered legislation calling for the inclusion of gender identity as a prohibited basis for discrimination under federal human rights law. I want to acknowledge the incredible hard work and dedication of my colleague for Esquimalt—Saanich—Sooke, who advanced the cause this far. I want to thank all members from all parties who have joined that cause along the way. Because of the efforts and advocacy of thousands of Canadians, that cause succeeded in passing Bill C-16 recently, which is a milestone in Canada's commitment to inclusion and protection for all.

However, as it stands, the wording of Bill C-305 before us today is inconsistent with Bill C-16 in that it includes gender identity but does not include gender expression. Therefore, for the sake of clarity and consistency, I would propose that both be included and protected by this bill.

We know that one in six hate crimes in Canada is motivated by discrimination toward sexual orientation, gender identity, or gender expression. These are not the most common hate crimes, but they are the most likely to be violent.

I believe an amendment at committee to mirror the language used in Bill C-16 and change “gender identity” to “gender identity or expression” would strengthen the bill and affirm our policy of zero tolerance for transphobic discrimination.

These and other amendments can be considered at committee. However, I want to thank, again, the member for Ottawa West—Nepean for opening the door for much-needed conversation on hate crimes in Canada.

Better laws can counteract these offences. However, changing laws is obviously not enough. We need to teach empathy in our schools, tolerance in our workplaces, and openness and inclusivity in our community centres and spaces. We have a responsibility, now more than ever, to stand up to discrimination. The roots of prejudice are in lack of understanding, and that is within our power to change.

We know that Canada is not immune to the disturbing trends we see south of the border and across Europe. We have seen how playing with the fire of fear and division can spark violence. However, we have also seen acts of great strength. We have seen citizens speaking up for their friends, for their colleagues, or for complete strangers, refusing to let differences divide them. Now is the time when we must look to that strength and reaffirm our commitment to building a safe, resilient, and welcoming Canada for all.

We know what happens when we fail to stand up to those who seek to divide us.

This week, six Canadians were murdered in a mosque, targeted because of their faith. That act of violence shook our country and triggered an outpouring of support for our Muslim friends and neighbours, as Canadians gathered in vigils across the country to remember the victims. However, we cannot ignore that the hatred that led to a gunman in a mosque in Sainte-Foy, Quebec, is not so different from what drives a teenager to spray a swastika on a door in Ottawa or a commuter to hurl racial slurs on a streetcar in Toronto.

It is critical, now more than ever, that we condemn, not only these acts, but also the divisive rhetoric that inspires them.

At a time when so many are fearful, we can lead by example. We can do more to protect the diversity we are so quick to call our greatest strength.

Every individual in Canada has the right to live without fear of persecution. This bill would be one more step to ensuring that right is protected. I urge every parliamentarian to commit to that cause and support the bill.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, first of all, I would like to acknowledge the effort made by my colleague, who just advanced the clock in the House. I am very pleased that you heard the right time when he said it because it was a praiseworthy effort and it was very kind of him to speak to all of us in the House in French.

I am usually very happy to rise in the House to speak to different bills, whether they are government or private members' bills, as is the case this evening with the member for Nepean's Bill C-305. I will be very clear. I am unhappy to rise today not because of the substance of the bill, but because we have to pass a bill such as this one.

Sunday's tragic events in Quebec remind us that it is important to protect everyone living in this country from hate crimes. It is our role as parliamentarians to take action, as the member for Nepean is doing, so that we can intervene when such crimes occur.

Bill C-305 seeks to amend section 430 of the Criminal Code, which criminalizes the commission of mischief motivated by hate toward a group and targeting a religious property, be it a church, synagogue, temple or cemetery. Bill C-305 goes further, proposing to expand the scope of section 430 of the Criminal Code to include other types of property such as schools, other educational institutions, cultural or sports centres, seniors’ residences and other institutions.

As has been said, the bill could not be more welcome. It aims to fill a gap in section 430 of the Criminal Code. The fact is that, if a person motivated by hate against a particular group commits mischief against a religious property such as a place of worship, that person could be charged, prosecuted, and found guilty under section 430 of the Criminal Code. If the person is convicted he or she could be sentenced to a maximum of 10 years in prison.

On the other hand, if that same person, being motivated by the same hate against the same group, should commit the same mischief, but against a school, a recreational facility, or a residence for seniors, that person could not be charged under section 430 of the Criminal Code and would not be liable to a maximum prison term of 10 years. That person would probably be prosecuted under the general mischief provisions of the Criminal Code, and be liable to a maximum sentence of two years.

Later in my speech I will describe one very specific case where the person was not given a prison term for an act of hatred such as this. The sad fact is that certain hate crimes are committed on a regular basis. According to Statistics Canada, nearly 1,300 hate crimes were reported in 2014. These were just the crimes that were reported. Statistics Canada informs us that the vast majority of hate crimes are not reported. People would rather not report them. They would rather not draw attention to this sort of crimes, not make them public knowledge, not deal with them, with the result that the intolerable is tolerated, to the point that acts that are even more violent are unfortunately committed. In 60% of cases, the crimes reported involved mischief.

I would like to read some excerpts from an article published on l'Actualité's website on January 31 following the tragic events in Quebec City. The title of the article is “Hate Crimes Targeting Religion on the Rise in Quebec”.

The article says:

...since Sunday, the Centre for the Prevention of Radicalization and the Montreal police service have been receiving more calls than usual. Quebec's public safety ministry logged 93 hate crimes against all religions in 2014 compared to just 70 in 2010. Many of the crimes were mischief, which includes vandalism. The ministry was able to provide details about crimes against Muslims, but only for the past two years. It began keeping track of details about religion-related hate crimes in 2013 and reported that there were 20 hate crimes against Muslims that year. In 2014, that number increased by 15 to 35. According to Montreal police, hate crimes linked to religion are also on the rise. The police logged 55 in 2016 compared to 24 in 2013...

The article does not specify which religions were targeted, but I do not think that is what the debate is about. Whether they target a religion or a group, all such actions are totally unacceptable today. As I said, while many crimes or wrongdoings may not have been reported to police, not all wrongdoings that were reported led to criminal convictions.

The Montreal police service also indicated that it had received a number of calls early in the week from people denouncing hateful or Islamophobic comments on social networks like Facebook and Twitter. Some of those comments were even criminal in nature, including threats for example.

The good news is that since Sunday, people are paying more attention. People are reporting those comments; they are no longer tolerating them. Whether on Twitter or Facebook, on a church or a school, such comments should never be tolerated.

During that same period, the Centre for the Prevention of Radicalization Leading to Violence reported 14 hate incidents—targeting, for example, ethnic origin or sexual orientation—and 16 cases of Islamophobia, for a total of 30 cases. Of that number, only half were reported to police. Many people do not report hate crimes. “They are uncomfortable or nervous”, regrets the centre's director.

In Sherbrooke, in 2014, a local man committed hateful acts against a mosque and a store that sells halal products. He got a $500 fine for putting up signs that said, “no to Islam and yes to the charter”. He was referring to the Quebec government's proposed charter of values under then premier Pauline Marois. Worse yet, bullet holes were found in the windows of a grocery store owned by a Muslim in Sherbrooke. The individual was given a $500 fine and two years' probation.

More attention should have been paid to those incidents. They are indicative of a deep malaise and serious societal dysfunction. Those are things that need to be addressed. Each of these incidents is important because we need to prevent them from escalating into a tragedy like the one that occurred on Sunday in Quebec City.

I rarely do this, but I would like to quote one of my colleagues opposite. The comments he made this week touched every member of the House. I would like to share the words of the member for Louis-Hébert with my constituents in Mégantic—L'Érable. His remarks were so eloquent that I will quote him directly. He said:

Today, I also want to ask their forgiveness, forgiveness for watching while, over the past few years, they were ostracized and stigmatized, while fear, mistrust, and hatred took root in the hearts of my fellow human beings. I did my best to do something about it, but I ask their forgiveness for not doing enough. Words have consequences, but so does silence.

I commend my colleague from Louis-Hébert for those remarks. As members of Parliament, we need to take note of what he said. Silence has consequences. As parliamentarians, failure to act in these situations also has consequences.

I am very pleased with the private member's bill introduced by my colleague from Nepean because it breaks that silence. It helps us, as parliamentarians, do what we can to put an end to the hateful acts that are occurring in our country.

Bill C-305 adds to what we, as parliamentarians, can do to counter hate crimes. That is why I want to commend my colleague and tell him that I fully support this bill.

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am also pleased to join in the second reading debate of Bill C-305, an act to amend the Criminal Code concerning mischief, which was introduced in the House on September 27 by the member for Nepean.

I would like to begin by thanking the member for Nepean for bringing this important issue before the chamber to give this Parliament an opportunity to speak to it.

I also want to thank and commend the member for Victoria and the member for Mégantic—L'Érable for their remarks, which were very timely and appropriate as well.

We have been tragically reminded of the impact that hate in all of its manifestations can have on our society. The horrific attack on the Centre Culturel Islamique de Québec on Sunday night, the hate-inspired acts of terror which occurred that evening taking six of our fellow citizens' lives, injuring so many, and tragically traumatizing a community and a nation must deepen our resolve to confront and prevent hate in all of its manifestations.

In my experience, the issue of hate does not immediately manifest itself in acts of terror and murder, but far more often is expressed in acts of mischief. Our failure as a society to confront and deal appropriately with these acts, to denounce them in our strongest forms, and to resolve them through appropriate serious consequence can have the effect of encouraging them through complacency. We are reminded of the importance of dealing with this issue.

As parliamentarians I believe we could all agree that hate crimes in all of their forms cannot be tolerated in our country. They are a fundamental attack on our values and our principles and on each and every one of our citizens. A crime of hate against any Canadian citizen is a crime of hate against all Canadian citizens.

Our charter of rights and freedoms guarantees that everyone in Canada has a right to equal protection and equal benefit of the law without discrimination and our government is committed to protecting that right. The amendments proposed by this bill would strengthen the message that hate crime will not be tolerated in Canada.

I would now like to turn briefly to where the current law stands in Canada. Currently, there is a specific hate crime of mischief committed against property primarily used for religious worship which is found in subsection 430(4.1) of the Criminal Code, mischief relating to religious property. It is a hate crime because the offence is only committed when such mischief is committed out of bias, prejudice, or hate based on religion, race, colour, national or ethnic origin. The maximum punishment for this offence is 10 years' imprisonment. Subsection 430(4.1) of the Criminal Code was enacted as part of the Anti-terrorism Act of 2001, which was also known at that time as Bill C-36.

Today, hate crime is restricted to property that is primarily used for religious worship, such as churches, mosques, and synagogues, and also includes cemeteries. However, during the committee hearings on Bill C-36, some witnesses, while approving of the creation of a specific hate crime of mischief, argued that the crime should be broader in scope, and if I may, I will cite some examples.

David Matas, lead counsel for B'nai Brith Canada, in his testimony at that time, argued that sex should be added to the list of hate motivations and also that the crime should be expanded to cover schools, organizational buildings, and cemeteries.

As well, on November 6, 2001, before the same committee, Mr. Ed Morgan, who was at that time chair of the Ontario region of the Canadian Jewish Congress, testified that all religious property should be protected by the hate crime mischief offence. He said:

Not just sanctuaries, not just synagogues or churches, but all religious structures, religious centres, religious schools, religious community centres, cemeteries—which are a particular target for hate crimes and desecration—ought to be covered as well.

He also argued at that time, and again I quote from his testimony:

...the grounds of group identification ought to be expanded to include, for example, hate crimes against groups identified by sexual orientation or gender. Gay-bashing is a hate crime, as would be an attack on a women's centre, every bit as much as on a religious community centre.

As a result, subsection 430(4.1) was amended by the House of Commons committee to add cemeteries to the list of properties primarily used for religious worship, but not the other kinds of properties that had been cited in the testimony, such as schools or community centres.

As well, a proposed amendment to add sex as a ground of hate motivation was rejected at that time, because it was seen as not relating logically back to the purpose of the hate crime mischief offence, which was to protect places of religious worship, unlike other hate motivations of race, colour, religion, or ethnic or national origin.

Bill C-305 proposes to add to this mischief offence additional kinds of property. These are buildings or structures used for educational purposes, for administrative, social, cultural, or sports activities or events, or as residences for seniors. As well, the list of hate-motivating criteria would be expanded by adding two new ones: sexual orientation and gender identity.

I wholeheartedly support the principles behind the bill that our criminal law should clearly denounce all hate-motivated mischief. However, it does bring forward some questions about the potentially broad scope of the proposed crimes in this section, which were previously discussed during the first hour of second reading by my colleague and the member for Charlottetown.

The private member's bill in its current form could potentially capture numerous unintended buildings and spaces such as sports arenas or coffee shops. These buildings or structures are currently protected by the general offence of mischief. Additionally, in order to ensure consistency with the existing hate speech provisions in the Criminal Code as well as those amendments proposed under Bill C-16, gender identity, which is currently before the Senate, we need to look more closely at this proposed legislation.

Therefore, the government will support Bill C-305 with a view to amendments to address the potential overbreadth and consistency with other provisions of the Criminal Code. We believe that Bill C-305 should receive second reading and be sent to committee for further study.

I would like to take this opportunity to once again thank the member for Nepean for his commitment in bringing this matter forward. It is a timely piece of legislation. It is work that demands our closest attention.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, everybody has alluded to the tragic terrorist event that happened in Quebec City just days ago. I hope that you and all of my colleagues in the chamber will allow me this opportunity to mention the names of those people who are no longer with us: Khaled Belkacemi, Azzedine Soufiane, Aboubaker Thabti, Abdelkrim Hassane, Ibrahima Barry, and Mamadou Tanou Barry.

It is also important to note that five of these six men were fathers. According to the research, which I hope is accurate, and we have done all we can to find that out, 15 children have now been left without fathers. Therefore, it is poignant that we are debating this bill tonight.

Out the outset of my remarks on Bill C-305, I would like to remind the House of the words of Martin Luther King Jr., who said, “Hate cannot drive out hate; only love can do that”.

Bill C-305 seeks to amend the section of the Criminal Code that applies to hate crimes. As we debate the merits of this bill, we should bear in mind that the antidote for hate is not merely legislation. Indeed, it is love. However, as members of Parliament, we cannot legislate that citizens love one another, although as leaders we often have the opportunity to encourage our constituents to be tolerant, accepting, and compassionate. Furthermore, it is our responsibility to ensure that the legal framework is in place so that those who commit acts motivated by hate are held to proper account.

Last weekend we marked International Holocaust Remembrance Day as we remembered the six million Jews who died in what the Jewish people call the Shoah. I was reminded of my recent visit to Israel, where I toured Yad Vashem, the museum of the Holocaust. If we were to go there, we would enter a building that shows the timeline of anti-Semitism, how it grew, how it became socially acceptable, and how that paved the way to allow the Nazis to take over Germany and to come up with what they called the “final solution”.

As we look back at this time in our collective history, it is clear that any kind of racism, when allowed to brew, when allowed to fester, when allowed to grow, can turn into these kinds of atrocities that all of us despise and all of us would condemn. It is incumbent upon us to enact legislation that would help extinguish hate before it metastasizes into a more virulent form, which is what this bill seeks to address.

In the wake of the terrorist attack on Sept. 11, 2001, misinformed individuals firebombed the Hindu Samaj temple located in my riding, a temple meant for worship and prayer. This destructive act was meant to send a message of hate to Muslims, although it actually hurt the innocent Hindu community that gathers there. This is the type of act we should seek to avert before it happens by teaching and demonstrating tolerance while ensuring that measures in the Criminal Code are in place that could target the early signs of this type of behaviour.

Before I delve into the details of the bill before us, I would like to offer one further reflection.

I have been afforded the opportunity to serve as a member of the Subcommittee on International Human Rights for almost 11 years. This role has opened my eyes to what hate looks like unchecked when taken to its extreme. Hate has ravaged lives in the Middle East, South America, Africa, and virtually every corner of the globe. It has taken the form of genocide, sexual slavery, torture, kidnapping, and other horrific acts. In Canada, hate does not often take these extreme forms, but these tragic events abroad should also serve as a stark reminder that hate must not be allowed to take root. In fact, it must be given no oxygen whatsoever in the public square.

With these reflections in mind, I would like to thank the member for Nepean for bringing this bill forward. He has identified a gap in our statutes respecting hate crimes and has proposed Bill C-305 in response.

Presently, the Criminal Code provides for a penalty of up to 10 years for mischief related to religious property based on bias or prejudice against a certain race, religion, or some other identifiable group. In legal terms, “mischief” broadly refers to destroying, disfiguring, or damaging property or rendering property dangerous or of no use. In plain language, houses of worship are legally protected from damage or disfiguring brought about by hate.

In contrast, if a similar act of hate is committed against a university, a day care centre, a community centre, or a seniors' residence, charges would be laid under the general mischief section of the Criminal Code, but would only carry a sentence of up to two years.

Bill C-305 seeks to close this gap by extending the legal protection afforded to houses of worship to a wide variety of other property critical to our community lives.

It is my view that the Criminal Code should be consistent and tough as it relates to hate crimes. If a person inflicts damage upon a building to propagate a message of hate, such offenders should bear the weight of our criminal justice system, wherever it is.

For this reason, Bill C-305 is deserving of our support at second reading in order to send it to committee where it should receive due consideration, including a robust inquiry of witnesses and a thorough examination to ensure that any unintended consequences are avoided.

This work should also be done in a timely fashion in light of the recent events. The horrific attack at the mosque in Quebec City this past weekend is the latest example that hate still plagues our nation. On Monday, many members of the House gathered by the centennial flame in honour of the victims and to stand in solidarity with the Muslim community. These events should serve as a reminder to us as legislators that we ought to redouble our efforts to root out hate.

Additionally, at the end of 2016 in Ottawa, three synagogues, a mosque, and a church were spray-painted with racist graffiti.

I have every confidence that these actions and others like them are being met with the vigilance of our law enforcement officials. Meanwhile, we must ensure the law responds to these acts appropriately, no matter where they take place, be it a university campus, a high school, or seniors' home. This bill would give our police forces the tools they need to combat hate in all of its forms, everywhere.

Indeed, if we support Bill C-305, we will send the message that hate will not be tolerated in Canada. I look forward to supporting the bill when it comes up for a vote.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, I am pleased to rise in the House to speak on Bill C-305, an act to amend the Criminal Code (mischief), and even more pleased that I will be seconding the bill that my colleague, the member for Nepean, has put forward. I have had the pleasure of working with my colleague in the past, through parliamentary friendship groups and discussing a number of other issues. I have seconded the bill for many other reasons as well though. The bill is a strong response to hateful acts, like the tragic shooting in a Quebec City mosque this past weekend.

As a mother of three, my children were taught that Canada is a country of multiculturalism and acceptance. Multiculturalism and religious freedoms are core parts of Canadian identity, although there are those who have a different world view.

Multiculturalism and pluralism are still challenged today. There are those who believe they can scare people into falling backward into the past. I know that at this time some leadership candidates for the Conservative Party are promoting ideas that would only divide Canadians. I have long been proud that multiculturalism has stood in the face of that view. It has been part of our national fabric for decades.

Multiculturalism is why people move to Canada. It is a country of harmony where people can freely start new lives and raise families. It is at the core of what attracts people from other countries to want to build a life here in Canada. In my riding of Brampton South, my office often gets calls from people all over the world asking us how they can move to Canada.

While countries in other parts of the world try to shut down their borders to Syrian refugees, Canada has opened its borders and homes to let them in, and we worried about how fast we could take them in. Never forget that our inclusive, remarkable country today was only possible because of immigrants. Canada is the nation of multiculturalism. It is not just a country of tolerance, but a country of acceptance. Acceptance is important, where those of different faiths, cultures, and ethnicities can coexist with one another without any fear of discrimination.

The acts we have seen recently do not make a difference, despite how the offenders hope they might. These acts do not reflect the Canada that Canadians know and love. Some of the recent heinous acts we have seen in various communities have been committed by youth, under the age of 18. I am baffled to see that there are people, particularly youth, that are getting the message that it is okay to promote messages of hate and racism at synagogues, mosques, and schools. I do not want my children to live in a world where they cannot feel safe in their country because of their cultural and religious background.

I want to tell a quick story about one of my volunteers, who is also a constituent of my riding. Stephanie identifies herself as a Canadian of Chinese Vietnamese descent. As a child, she was a target of bullying and racism among her peers in day care and elementary school, simply because she was the only student who did not look like them. She hated going to school because she felt that she was not safe, at a place where she should feel safe. She told me it all started to turn around when their class had a day where they learned about each other's cultures and really grasped multiculturalism. Over time, most of her peers started to treat her better. There are always a few outliers who do not change.

Bill C-305 understands that we need to be conscious and respectful, and to defend our brothers and sisters of different ethnicities, religions, and various backgrounds.

People are not born racist or hateful. It is taught, and people can unlearn it as well. I come back to it because these recent acts in the region sadden me, hearing that messages of hate are being spread in a country where people should be free to be who they are away from intolerance, bias, and hatred. Hate speech and hate-motivated mischief is the line between our right to freedom of speech and unfiltered hatred.

This should not be tolerated in Canada. These acts have used the symbols of hateful regimes of the past to scare people. In Canada, such a great, welcoming, open, free country, our citizens should not walk in fear in our communities.

It causes fear in communities such as my own, and it means that parents have to explain to their children very difficult things about what is going on. Kids are told sometimes to be vigilant for people who might want to hurt them just because of their identity and how they pray. We have seen this hate before, and we must work together to combat it. This is why this bill would take the next step, in focusing on the next issue.

Bill C-305 expands the definition of mischief to also include other places as well, particularly buildings established by a religious community, which were previously not included. This would ensure the equal protections and equal benefit of the law without discrimination. These are the principles—particularly freedom of religion and protection of that freedom by the government—echoed within the Canadian Charter of Rights and Freedoms. We need to firmly state the message that hate crimes such as ones in the vein and spirit of what we have recently seen in Quebec City will not be tolerated in Canada.

These institutions, gathering places, and places of worship that we would protect in this bill are the fundamental backbone places in each of our communities. In each of our ridings, we can point to places that make a real difference in bringing together our various communities: a park where communities gather, like Chinguacousy Park in my community; an educational institution like Sheridan College in my riding; or any number of landmarks we can point to.

We need to stand up for those groups who are being discriminated against and the culture of fear overall. In a world where many live in fear, Canada can be a beacon. This government stands up against that fear and that approach. This optimistic spirit drives our ministers and our Prime Minister to be more open. We cannot stand idly by. This is our opportunity to stand up and speak out. We are not making false choices like pitting safety and free speech against one another; we are making a choice where everyone wins.

I am glad to see support from around this House so far on this bill. I would like to commend all the groups who were involved in working on this bill. For years, the discussion around safe space has been happening, and this bill would make a real step forward on this. This bill has been supported by a number of important groups, and I want to take a moment to recognize them:

The Centre for Israel and Jewish Affairs; the World Sikh Organization of Canada; Coalition for Progressive Canadian Muslim Organizations; Canada India Foundation; Canadian Rabbinic Caucus; Association of Progressive Muslims of Canada; Baha'i Community Canada; Multicultural Council for Ontario Seniors; Ukrainian Canadian Congress; Ghanaian Canadian Association of Ontario; Presbyterian Church in Canada; Ahmadiyya Muslim Jama'at Canada; Armenian National Committee of Canada; Canadian Polish Congress; Jamaican Canadian Association; Reconciliation Canada; Anglican Diocese of New Westminster; Roman Catholic Archdiocese of Vancouver; Vivekananda Vedanta Society of British Columbia; Temple Sholom, B.C.; International Society for Krishna Consciousness, Vancouver; and Akali Singh Sikh Society, Vancouver.

This bill speaks up in favour of those whom some would want to silence. This bill is something I think this Parliament should be very proud to pass into law. Again, I want to commend the author of this bill on his work to advance this discussion. Together, we can make a real difference for Canadians by voting for this. I encourage all my colleagues to think of those places in their community that they want to protect when they cast their ballot on Bill C-305. I know I will when I stand and vote yea on this bill.

[The Assistant Deputy Speaker, Anthony Rota]

Before resuming debate, I just want to remind the hon. members that there is debate taking place in the room, and there just seems to be a slow rumble that kind of gets louder. Whispering is fine. It is nice to see everybody getting along. It must be something with the new year. We had two bills go with unanimous consent. We have people talking, but we do have to listen in on the next speaker.

The hon. member for Nepean.

[Chandra Arya, Liberal, Nepean, ON]

Mr. Speaker, it is an honour to rise once again to speak to Bill C-305. I do so with a very heavy heart in light of the recent horrific attack at a mosque in Quebec City. It pains me to see such a hate-motivated act taken against our fellow Canadians. Hate such as this has absolutely no place in Canada. Bill C-305 is one of the small steps we can take to eliminate hate-motivated crimes in Canada.

I would like to thank my colleagues from all parties for their interest and contribution to this debate.

I would like to quote Martin Niemöller, the prominent Protestant pastor who emerged as an outspoken public foe of Adolf Hitler and spent the last seven years of Nazi rule in concentration camps. He stated:

First they came for the Socialists, and I did not speak out —
Because I was not a Socialist
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.

Bill C-305 would recognize that hate motivated by bias based on gender identity and sexual orientation would carry the same weight as crimes committed against religion, race, colour, national or ethnic origin. The bill would expand it to include schools, day care centres, colleges or universities, community centres, seniors' residences, and cultural centres. The impact felt by victims of hate crimes cannot be limited to just places of worship.

The public properties proposed to be included have either all been subject to hate crime or are vulnerable to being a target of hate crime. Whether it is places of worship or other property, the negative impact of hate crimes on the community remains the same. Also, under this criminal subsection, if a person is found guilty of an offence, there are stiff prison terms. While I agree education is the best long-term solution, I also believe a strong law and punishment act as major deterrents.

At this point, I would like to quote Dr. Martin Luther King on the interaction between positive law, morality, and culture. He stated:

It may be true that morality cannot be legislated, but behaviour can be regulated. It may be true that the law cannot change the heart, but it can restrain the heartless. It may be true that the law can’t make a man love me, but it can restrain him from lynching me...So while the law may not change the hearts of men, it does change the habits of men. And when you change the habits of men, pretty soon the attitudes and the hearts will be changed. And so there is a need for strong legislation constantly to grapple with the problems we face.

It is very important that we have a strong and robust law for hate crimes. Again, I agree education is important, but I am equally confident that good law is also required.

It is heartening to note the near-unanimous support I have received from all sections of society. I would like to recognize and thank the Centre for Israel and Jewish Affairs for its ongoing support and its efforts to mobilize other stakeholders.

Bill C-305 takes a strong step to making our neighbourhoods and communities safer places to live. Think of the strong message we would be sending to all Canadians: that not select people but all people of Canada can feel safer knowing that Parliament has taken concrete and strong measures to protect them. I ask my fellow members support this important bill.

[The Assistant Deputy Speaker, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Anthony Rota]

All those in favour will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Anthony Rota]

All those opposed will please say nay.

[Some hon. members]

Nay.