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

[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 needs 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.

[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.

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.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, Canada is a nation that is proud of its multiculturalism. We thrive when we all grow together. As the Prime Minister has always said, we are strong, not in spite of our differences, but because of them.

However, Canada is not immune to the issue of hate crimes. It is an issue that affects us from coast to coast to coast. As the country continues to become more diverse, hate crimes against individuals and groups are an ongoing issue.

The most common form of hate crime is that of mischief, damage to property, most often in a form of vandalism. These cowardly acts, targeted at people and groups in our neighbourhoods, are hurtful, not only to their intended targets, but to our communities as a whole.

It is for this reason that the member for Nepean proposed Bill C-305. This bill seeks to amend section 430 (4.1) of the Criminal Code of Canada that to date only includes places of worship such as churches, temples, synagogues, and mosques as protected places against hate crimes.

In its current form, Bill C-305 seeks to expand this to include schools, day care centres, colleges or universities, community centres, and playgrounds.

The LGBTQ community is one of the most targeted groups when it comes to hate crimes. While Parliament has previously passed legislation to protect these groups, section 430 (4.1) currently does not recognize hate-based mischief against one's sexual orientation or gender identity. The current law only recognizes bias, prejudice, or hate based on religion, race, colour, or national or ethnic origin.

Bill C-305 seeks to include these two groups. It is the sponsor's hope that with the passage of Bill C-305, our neighbourhoods will be a safer place for the LGBTQ community.

I believe the bill is very important for making progress in fighting hatred and hate crimes, and I really congratulate the member for Nepean for his hard work on this, for bringing this forward. When we look at the results of the bill, we see a wide number of stakeholders have come out in support of this. We have heard from the Centre for Israel and Jewish Affairs, the World Sikh Organization, the Coalition of Progressive Canadian Muslim Organizations, the Canada-Indian Foundation, the Canadian Rabbinic Caucus, and so on and so forth. This is a wide breadth of support for a very important bill to address hate.

Where I grew up in rural Quebec, there used to be signs on places that said, “No dogs, no Jews”. Hatred is a real thing. It is a thing that has to be fought. It has to be fought against and protected from. I think this is a really nice step and I really encourage the member for Nepean to go forward with this, and I am looking forward to the second hour of debate.

[Len Webber, Conservative, Calgary Confederation, AB]

Madam Speaker, I am pleased to be able to rise today to contribute to this important debate on Bill C-305, which aims to amend the section in the Criminal Code dealing with mischief. Currently, there are four specific offences listed as hate propaganda offences or hate crimes in the Criminal Code of Canada. There is advocating genocide, public incitement of hatred, willful promotion of hatred, and fourth is mischief motivated by hate in relation to religious property.

The proposal before us today intends to strengthen the penalties and the convictions for hate crimes that target property. Damage to property is the most common form of hate crime. These crimes can range from graffiti to the complete destruction of a building through fire. Sadly, we know that the main targets for this type of crime are schools, places of worship, community and cultural centres, seniors homes, and even memorials. Places of worship, as I mentioned earlier, are already covered by existing legislation, but we need to close the gap and address the realities of hate crime. This is why the bill proposes to include, along with religious property, day cares, schools, community centres, seniors residences, and playgrounds.

The statistics are startling. One half of police-reported hate crimes are based on race or ethnicity. Another quarter are based on religion. Sixteen per cent are based on people's sexual orientation. Sixty per cent of these hate crimes are non-violent mischief targeted at property. This proposed bill would help police and the courts by giving them a stronger tool to crack down on this type of criminal activity in our communities.

I am sure I speak for all members of the House when I say that there is no place in Canada for hate. We are a peaceful and compassionate society as a whole, but that can never be taken for granted. We have a societal duty every day to defend the country and the way of life we have taken so long to build and defend. At the same time, we have to recognize that we are not perfect as a society. Things that were tolerated in the past are no longer tolerated as we have become more enlightened. As little as a generation ago, it was common to have the LGBTQ community targeted. As a society, we have taken a stand to say this is not what we want in Canada. We now have an intolerance for those who target people based on whom they love. We have an intolerance for those who target our indigenous communities, but we can still do more.

Another part of this proposed legislation seeks to broaden the definition of mischief as it relates to those acts motivated by bias, prejudice, or hate based on gender identity or sexual orientation. Sadly, a sizable portion of the population still hates others simply because of the colour of their skin, the nature of their worship, or the gender of the person whom they love.

I am not naive. I know that passing legislation such as this would not fix the backward thinking and prejudices of folks like them. However, it would allow us to deal with bad apples within our community. Hateful actions hurt more than just those they target. They affect the entire community. They divide communities. They foster mistrust among neighbours and make us all feel a little less safe and less secure. These criminals are misguided. They think that their criminal actions will only hurt those whom they hate. However, they often make victims of those they purport to protect in the community.

I will digress for a moment to make a general comment about hate. The recent American election seems to have raised the issue of hate speech again. I will not go on about this, but I will say that hate is not limited to any one political stripe or any one nation. I have seen it from both ends and in the middle. As a society, we can do better here in Canada. Hate for fellow citizens is alive and well in all ridings, including my own.

I receive thousands of responses from constituents on a regular basis, as we all do in this House. I am saddened by the very small but consistent number of hateful responses I receive.

These comments are occasionally targeted at me, but usually at others in our community. These venomous and toxic comments are targeted at others, based on their skin, their god, their sexual orientation, their political affiliation, or anything that makes them different from the writer. These spreaders of hate know their comments are not welcome in the community, though. They never provide their names. They hide, cowardly, in their anonymity.

I simply mention this because folks ought to know that their other opinions rarely count for anything in my books, when accompanied by their hateful comments. If they have something constructive and valuable to say, it is best said intelligently, without all the hate.

This is not the first time that this legislation has come before the House. I applaud those who tried to bring these issues forward in the past and did not give up.

Societal change does not happen overnight. Change is a difficult concept for some and a dream for others. I do not doubt for a second that every single person here has been the target of hate, at some point. When members were the target of hate, it resulted in a lasting memory. It left a deep emotional scar, I am sure. It made them mad. People need to take these memories and the emotions they created and channel that energy into fighting hate in all its forms.

This legislation could be a valuable tool to our law enforcement in dealing with hate crimes in our communities. It would make it easier to get convictions and deal with this problem.

Before I close, I want to encourage all Canadians to challenge hate at the source. If we have friends, family members, or co-workers who engage in this type of thing, we should take a moment to let them know that they do not speak for us.

People may be amazed to find that many of these spreaders of hate are incredibly insecure and when they find out that they are alone in their thinking, it can provoke perhaps a moment of personal reflection and perhaps even change. Our silence in situations like this is taken by them as tacit approval of their behaviour. Our silence is seen as agreement with their thinking. We should not let them speak for us.

Recently, we commemorated Remembrance Day.

Tens of thousands of Canadians fought hate. They gave their lives to put down those who sought to reshape human existence through hate. They gave their future so that we could have one. There could be no greater dishonour to their memory and their sacrifices than for us to give up on the fight against hate.

Yes, we have the freedom to speak our mind in Canada, but that freedom was found in the fight against hate. Let us not forget that.

I am reminded, in cases like this, of a certain saying, “If you are not part of the solution, you are part of the problem”.

I and many others in this House are supporting this proposed legislation because we want to be part of the solution when it comes to fighting hate in our communities.

[Sean Casey, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I am pleased to have the opportunity today to speak about private member's bill, Bill C-305, an act to amend the Criminal Code (mischief).

Bill C-305 seeks to broaden the provision of the Criminal Code on mischief that constitutes a hate crime in relation to buildings or structures that are primarily used for religious worship by adding other types of buildings or structures.

To help situate the Bill C-305 within the criminal justice system, I intend to do three things in my remarks. First, I will provide an outline of how the current criminal law addresses cases of mischief that are hate motivated. Second, I will provide recent statistics of mischief that is hate motivated. Third, I will briefly outline how Bill C-305 proposes to expand the existing hate crime of mischief committed against property primarily used for religious worship, including some concerns with this approach.

First, let me address what the Criminal Code currently does to prevent hate mischief including hate-motivated mischief. Section 430 of the Criminal Code includes a general offence of mischief, which carries penalties ranging from up to two years imprisonment, where the value of the property that has been vandalized does not exceed $5,000 in value; up to 10 years imprisonment, where the value of the property that has been vandalized exceeds $5,000; and up to life imprisonment, where the mischief causes actual danger to life.

The variations in punishment for this offence depend on the value of the property that has been vandalized, not on the cost of the damage done to the property. For example, minor damage of a few hundred dollars done to a property that exceeds $5,000 in value, such as a house, could result in a maximum punishment of 10 years imprisonment, not a maximum punishment of two years imprisonment.

For the general offence of mischief, like for all criminal acts, there is a sentencing provision for hate crimes. In fact, subparagraph 718.2(a)(i) of the Criminal Code indicates that, during sentencing, the courts must take into account any aggravating circumstances, including whether the offence was motivated by prejudice or hate based on a non-exhaustive list of motives, such as race, colour, religion, sex, or sexual orientation.

There is also a specific hate crime of mischief relating to religious property. Subsection 430(4.1) of the Criminal Code specifically prohibits mischief directed against a building or a structure that is primarily used for religious worship—such as a church, mosque, or synagogue—an object associated with religious worship, or a cemetery. For a person to be convicted of this offence, the mischief must be proven beyond a reasonable doubt to have been motivated by bias, prejudice, or hate based on religion, race, colour, or national or ethnic origin. The maximum penalty is 10 years imprisonment on indictment. Enacted in late 2001 by the Anti-terrorism Act, this offence was designed to prevent the chilling effect that some mischief could have on the worshippers of a particular religion.

Now let me move on to what we know about the incidence of hate-motivated crime in Canada and, in particular, hate-motivated mischief. The uniform crime reporting survey conducted by Statistics Canada in collaboration with the policing community collects police-reported information on hate crimes. This includes offences motivated by bias, prejudice, or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, and any other similar factor.

It also includes information about hate crimes categorized by the term “most serious violation”, which includes the categories of mischief and mischief to religious properties motivated by hate. The statistics for mischief for the last two years of police-reported information on hate crimes cover the years 2013 and 2014. Statistics Canada reported that for 2013 there were 1,167 incidents of police-reported hate crime in Canada.

Now let me provide some information with respect to vandalism committed because of hatred of a person's religion.

According to the B'nai Brith of Canada's annual Audit of Antisemitic Incidents 2015, for the five-year period from 2011 to 2015, antisemitic vandalism declined to its lowest point in 15 years, with 136 incidents in 2015, compared, for example, to 362 in 2011 and 238 in 2014. However, it added:

Frequent and ongoing threats against the Jewish community result in increased security costs for synagogues, Jewish schools and community organizations, in order to maintain the safety of those who utilize such facilities. These increased security costs are unfortunately justified, with hundreds of incidents every year taking place at Jewish institutions.

As well, the National Council of Canadian Muslims, which tracks hate crimes committed against Muslims, has noted on its website that in 2015, of the 59 hate crime incidents reported, 18 involved vandalism against Muslims.

Bill C-305 proposes to expand subsection 430(4.1) of the Criminal Code, mischief relating to religious property, to include hate-motivated mischief directed at a building or structure that is primarily used as an educational institution; for administrative, social, cultural, or sports activities or events; or as a residence for seniors.

Bill C-305 also proposes that the grounds of hate motivation found in subsection 430(4.1), currently restricted to acting out of bias, prejudice, or hate based on religion, race, colour, or national or ethnic origin, should be expanded to include the grounds of gender identity and sexual orientation. As a result, if Bill C-305 is enacted, subsection 430(4.1) of the Criminal Code would no longer have, as its underlying rationale, preventing a chilling effect on worshippers of a particular religion.

The intent of Bill C-305 is consistent with our government's commitment to ensuring 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.

This rationale is well explained by the Centre for Israel and Jewish Affairs, or CIJA. This organization has highlighted the recent spike in anti-Semitic, racist, and anti-Muslim vandalism that was reported in Ottawa, including at three synagogues and other religious institutions in our nation's capital.

CIJA argues that the current law is deficient, since it only designates as a hate crime mischief committed against a religious site such as a church, synagogue, mosque, or temple. In its view, this designation should be broadened. To quote from its website:

Hate-fuelled criminals do not distinguish between synagogues, community centres and schools. Neither should the law.

I believe that this principle is a worthy one, but I have questions about the potentially broad scope of the proposed crime. For example, would it include structures such as sports arenas, like the Rogers Centre in Toronto? Would it apply to a coffee shop used regularly by a university Spanish club or to an office building occupied partly by government? As it is currently worded, it appears that the bill could potentially capture numerous unintended buildings and spaces. As a result, the offence could become over-broad and potentially vague.

Potential impacts of the bill on other parts of the Criminal Code must also be considered. Would it have a deleterious effect on paragraph 718.2(a)(i) of the code, the hate-crime sentencing provision, since that sentencing provision would no longer be used in a large number of mischief cases?

Lastly, I am concerned about maintaining the underlying rationale of subsection 430(4.1) of the Criminal Code, which is to protect freedom of religion. In its current form, the bill appears to go quite far beyond that original intent.

Cabinet will therefore support Bill C-305, with amendments to address over-breadth and consistency with other provisions of the Criminal Code, including those referred to by my colleague from the New Democratic Party.

As noted, this bill aligns with our government's commitment to charter values, as well as being a clear message that hate crimes will not be tolerated in Canada. For these and other reasons, I believe that Bill C-305 is deserving of further discussion and examination at a committee of the House.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, it is a great pleasure to rise in support of Bill C-305, introduced by the member for Nepean.

The bill is both timely and important in our community. The member for Nepean read a long, very impressive list of groups that are supporting the bill. That tells us a lot about the significance of promotion of hatred in North America at this time.

The bill would do two basic things. One is to expand the number of places that are defined as protected under law against hate-motivated damage, basically from religious property to community institutions like day cares, schools, universities, town halls, senior centres, and sports arenas. This is admirable, because we know that those who want to promote hatred do not pick on churches alone. Although they quite often do pick on churches, we have all seen these messages scrawled elsewhere in our communities. This is the essence of why this is an important bill.

The second part is important to me, as one of the six out gay members of Parliament. It tends to expand the grounds for protection of groups to include sexual orientation and gender identity. That is laudable. We have made progress over the years in extending protections to people of my community, but it has always been done in a piecemeal fashion, kind of step by step. I accept that this is another step in that progress.

Some people are surprised to know that sexual orientation was not originally included in the Charter of Rights and Freedoms. Of course, I am old enough to have been around at that time. In fact, I was actually here in Ottawa at that time, and I was not a supporter of the Charter of Rights because it did not include my rights. That was corrected through decisions of the Supreme Court of Canada.

In 1996, Parliament, and again, a Liberal government, brought forward a government bill to add sexual orientation to the Canadian Human Rights Act. In 2004, the section we are really dealing with in this bill was brought forward by Svend Robinson, a New Democrat member of Parliament, and the first out gay member of Parliament. His private member's bill succeeded in working its way through Parliament to add sexual orientation to the hate crime section of the Criminal Code.

Of course, I am very proud that Bill C-16 has now passed in the House of Commons. It would extend that same protection against hate crimes to those who are gender diverse, non-gender binary, or those who are called transgender. Bill C-16 would also add this to the Canadian Human Rights Act.

When this bill gets to committee we will be asking for one small amendment, and that is to make its wording consistent with Bill C-16. That will take a very small amendment, but I am confident that the member for Nepean had no intention of narrowing the bill. I hope to have a good discussion with him about the possibility of that. I regard it as a technical amendment that really meets the objectives of what he laid out in the bill.

When it comes to hate crimes, we know the groups that are most often subjected to them because of the statistics that are kept. However, I would point out in the chamber, as I did in debate on my private member's bill in the last Parliament, and as I did on Bill C-16, that we do not keep good statistics on hate crimes that are committed on the basis of gender identity or gender expression, because these are not explicitly embedded in the law. They are lumped together usually, when they are considered at all, with sexual orientation, which is quite a different matter than gender identity and gender expression. Again, I hope we can make the bill more consistent.

We need a larger debate about hate crimes in this Parliament at some point. I am not faulting the bill. It is not the purpose of the bill, but I would look forward to a discussion, because unfortunately, in the last Parliament, in June of 2013, we passed a bill that removed section 13 from the Canadian Human Rights Act, which would have allowed the Canadian Human Rights Commission to do more proactive work against hate crimes in our society.

The very fact that this is coming forward as a private member's bill gives me some confidence that we can probably find a consensus in this Parliament to actually restore the power to the Canadian Human Rights Commission to do that preventative work that would prevent the kinds of crimes that Bill C-305 is talking about.

I look forward to finding a forum where we could have that broader discussion among MPs.

I would hope that the government might bring forward such a bill as part of its agenda. Again I have to question why this important bill is a private member's bill and not part of the government's agenda. In response to my question, the member for Nepean said he hoped to have the support of his frontbench and the Minister of Justice for this legislation. That is a bit of a waiver for me in terms of my confidence. I hope that we can and will see the government, particularly the frontbench, support the bill and not kill a private member's bill as it has done to other Liberal backbenchers.

When it comes to hate crimes, the crimes that the bill focuses on are the most common. I do have to note once again that the groups most likely to be subject to violent hate crimes are the LGBTQ community and, in particular, transgender Canadians, and within that group, first nations or two-spirited people.

I am pleased that on Friday and Saturday in my riding, the Victoria Native Friendship Centre is putting on a workshop for two-spirited British Columbia youth from across the province to help them build confidence in themselves and to confront the prejudice and the violence they often face. I intend to be at that conference on Friday and to bring news, I hope, that we have support for adding gender identity and gender expression to help protect two-spirited first nation youth in this country against these kinds of hate crimes.

Who is in favour of this legislation? I guess my question should be, who in Canada would not be in favour of this legislation? Quite often because of the immense overflow of American culture and American politics into Canadian society, we get caught up in the negativity that goes on there, particularly the negativity of the presidential campaign, and the increased frequency of hate crimes reported throughout the United States as a result of the unfortunate encouragement of prejudice and hate by some very prominent citizens, including the current president-elect of the United States, whose name I always avoid saying.

As previous speakers have done, I am not going to review some of the incidents that have taken place. We all know about them. It is a bit like my own personal habit of not mentioning the perpetrators of crime, but instead talk about the victims and how they recover from that crime. It is important that we recognize the reality, and I thank the member for Nepean and the member from Edmonton for bringing that to our attention again.

I know my time is drawing short, but let me go back to what I said at the beginning of my remarks. I extend my thanks to the member for Nepean for bringing this forward. I encourage him to talk to the frontbench of his party seriously to make sure that those members will support this legislation. We have found some support, I hope broad support, within the Conservative caucus. The member will find universal support in the NDP caucus for his bill. We will ask for what I regard as a technical amendment to broaden the legislation a bit to make it consistent with Bill C-16. We look forward to this legislation's passing through the House expeditiously.

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

Madam Speaker, I am very pleased to rise in strong support of Bill C-305. At the outset, I would like to congratulate the hon. member for Nepean for his hard work in bringing forward this important and much-needed legislation.

Bill C-305 seeks to amend section 430 of the Criminal Code. Section 430 of the Criminal Code makes it a criminal offence for an individual to commit an act of mischief motivated by hate targeted at a group and carried out on religious property, whether that property be a church, synagogue, temple, or cemetery. Bill C-305 seeks to expand section 430 of the Criminal Code to include other types of property, whether it be a school or other educational facility, a cultural or community facility, a seniors facility, or other facility.

Regretfully, Bill C-305 could not be more timely. Recently, we have seen a spike in anti-Semitic, anti-Muslim racist vandalism in Toronto, Ottawa, Montreal, and other centres throughout Canada. Just last week, as the hon. member for Nepean alluded to, we saw peaceful Jews, Muslims, and black Christians targeted by a criminal with a string of hateful vandalism.

Bill C-305 seeks to close a void in the Criminal Code that presently exists under section 430. The fact is that if an individual commits an act of mischief motivated by hate toward a particular group and carried out on a religious property such as a house of worship, that individual would be subject to being charged, prosecuted, and convicted under section 430 of the Criminal Code. If convicted, that individual would be subject to a penalty of imprisonment for up to 10 years. By contrast, if the same individual committed the same act of mischief motivated by the same hate and targeted at the same group, but carried it out not on religious property but at a school, a recreational facility, or a seniors facility, that person would not be able to be charged under section 430 of the Criminal Code and would not be subject to a penalty of imprisonment for up to 10 years. Most likely, that individual would be subject to prosecution under the general mischief provisions of the Criminal Code where the maximum penalty is up to two years.

Acts of mischief motivated by hate toward a particular group, whether it be on the basis of gender, race, ethnicity, and so on, are not general acts of mischief. They are much worse. They are acts of hate. They are acts of hate designed to intimidate and terrorize a particular community. It is precisely for that reason that under section 430 of the Criminal Code, an individual who commits an act of mischief motivated by hate targeted at a group on religious property is subject to imprisonment for up to 10 years, not two years.

Bill C-305 would close the loophole that presently exists in the Criminal Code by ensuring that anyone who commits an act of mischief motivated by hate toward a particular group would be subject to section 430 of the Criminal Code and subject to a penalty of up to 10 years imprisonment whether they carry out that act of mischief at a religious facility, a school, a community centre, or other facility.

We know that, so often, acts of mischief motivated by hate are carried out in places other than strictly religious institutions or other religious property. Indeed, when we look at the very sad events last week in Ottawa, we saw that, yes, a church and two synagogues were targeted, but also the Ottawa Muslim Association as well as a Jewish teaching school. This past July, a Jewish community centre outside of Montreal had graffiti spray-painted on its doors. In 2004, the United Talmud Torah School in Montreal was firebombed. There are hundreds of other examples in the past number of years.

We, as Canadians, take pride in our collective diversity. The values of tolerance and inclusivity are Canadian values, but the fact remains that crimes motivated by hate continue to occur in Canada. Sadly, they occur regularly. Indeed, according to Statistics Canada, in 2014 nearly 1,300 hate crimes were reported. Those were just the reported hate crimes. We know from Statistics Canada that the vast majority of hate crimes are not reported. Of the hate crimes that have been reported, nearly 60% involved mischief.

Based on those very troubling statistics, it is evident that we have a lot of work to do collectively as Canadians to combat the scourge of hate. As we undertake that work, we must not be complacent and turn a blind eye, but must be vigilant and proactive, and must call out hate when we see it, by shining the light on the darkness of hate.

As parliamentarians, we have a responsibility to ensure that individuals who perpetrate crimes motivated by hate are held accountable to the fullest extent of the law.

Bill C-305 would be a step in that direction. Let us support Bill C-305 and make sure that this legislation is passed as soon as possible.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, first, I would like to thank my colleague from Nepean for all of the hard work he has done on his private member's bill, Bill C-305. Again, you have done a great job, and a lot of great work.

Having worked for the RCMP for a number of—

[Chandra Arya, Liberal, Nepean, ON]

moved that Bill C-305, an act to amend the Criminal Code (mischief), be read the second time and referred to a committee.

Mr. Speaker, I am pleased to rise today to speak to my private member's bill. 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 or national or ethnic origin. The bill proposes to expand this to include motivation by hate based on gender identity and sexual orientation. Also, the subsection is primarily limited to places of worship like churches, mosques, synagogues and temples.

The proposed Bill C-305 seeks to expand this to include schools, day care centres, colleges, universities, community centres, seniors residences and cultural centres.

Recently there were acts of hate crimes in Ottawa, motivated by hate based on religion and race. Synagogues, a Jewish community centre, a Rabbi's private home, mosques and a church were targeted.

Whenever these things happen, it is important for each and every one of us to stand up united to condemn these acts.

I am Hindu, and no Hindu temples in Ottawa were targeted in the recent hate crime wave. However, in times like this, we do need people from all different religions and races to stand united together. We need, each one of us, to speak to each other and in one single voice.

Let me 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 said:

“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.”

Under this criminal subsection, if a person is found guilty of an indictable offence, the prison term is up to 10 years. If a person is found guilty of an offence punishable on summary conviction, the prison term is up to 18 months.

After these recent hate crimes in Ottawa, several religious leaders have stated that education and compassion are more important than law and the consequent punishment to eliminate and eradicate these hatred acts from our society

However, while I agree education is the best long term solution, I also believe a strong law acts as a major deterrent. We have seen that we have combatted social issues like smoking, and wearing seatbelts through an effective combination of law and education.

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

It may be true that morality cannot be legislated, but behavior 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 that we face.

Also, it is quite interesting to see people who diametrically disagree on ideologies seem to agree on the relationship between culture and law. I would like to quote Ryan Anderson who is the William E. Simon senior research fellow at The Heritage Foundation. While I completely disagree with Mr. Anderson's views on pro-choice and marriage, I do like to quote him on culture and law.

Culture shapes law, but so too does law shape culture. The law both reflects our values and teaches values—especially to younger generations. The better metaphor, I think, is that of two coasts connected by a tide, that comes in and out, that picks up and drops off on the shorelines. Law and culture reinforce each other, either for or against human dignity and human flourishing.

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

There is also an interesting article that appeared in the Christian Research Journal, which said:

Because every law springs from a system of values and beliefs, every law is an instance of legislating Morality. Further, because a nation’s laws always exercise a pedagogical or teaching influence, law inescapably exerts a shaping effect over the beliefs, character, and actions of the nation’s citizens, whether for good or ill. Those who seek to separate morality from law, therefore, are in pursuit both of the impossible and the destructive. The question before us is never whether or not to legislate morality, but which moral system ought to be made legally binding.

It is heartening to note the near unanimous support I have received from all sections of society. Every person has expressed his or her support and encouragement. In particular, I would like to acknowledge the support I have received from a diverse group of religious and ethnic organizations. I would like to recognize and thank the Centre for Israel and Jewish Affairs for its ongoing support and its efforts to mobilize the stakeholders.

I would like to thank the following organizations that have pledged their support for Bill C-305: the Centre for Israel and Jewish Affairs, World Sikh Organization, Coalition of Progressive Muslim Organizations, Canada India Foundation, Canadian Rabbinic Caucus, Association of Progressive Muslims, Baha'i Community of Canada, Multicultural Council for Ontario Seniors, Ukrainian Canadian Congress, Ghanaian Canadian Association of Ontario, Presbyterian Church in Canada, Ahmadiyya Muslim Jama'at of 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 of British Columbia, International Society for Krishna Consciousness (ISKCON) of Vancouver, and the Akali Singh Sikh Society of Vancouver.

With respect to hate crimes, there are some alarming statistics that I would like to share today. As per a Statistics Canada report released in 2015, it was noted that 51% of police reported hate crimes were motivated by hatred of race or ethnicity, 28% was motivated by religion, and 16% by sexual orientation.

Furthermore, six out of 10 hate crimes were classified as non-violent. These would include crimes such as mischief, public incitement of hatred, and disturbing the peace. Mischief in relation to religious property and other types of mischief made up over half of all reported hate crime incidents. It was the most commonly reported offence. This is regarding the same subsection of the Criminal Code that my proposed bill deals with. Out of all of those crimes, 4% of mischief related to religious property was motivated by hate.

Four out of 10 police-reported hate crimes involved violent offences, such as assault, uttering threats, and criminal harassment. Among religious hate crimes, 18% were violent. Hate crimes fuelled by prejudice against sexual orientation at 66%, or against race and ethnicity at 44%, were most likely to involve violence.

There was a recent study by the Department of Justice on understanding the community impact of hate crimes. It states, “The commission of a hate crime is against not only the individual but the entire community.” It quotes David Matas as stating that “People live in community. Rights are exercised in community”.

The study continues:

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.

Furthermore, it notes:

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.

The study concludes:

The data also showed that after the hate crime incident, many people experienced increased levels of fear for their personal safety and for the safety of their family.... As a result, many community members took measures to protect themselves and their family, especially members of the targeted ethnic identity community.

This bill expands the number of places to include schools, daycare centres, colleges or universities, community centres, seniors residences, and cultural centres, because the impact felt by those victims of hate crimes cannot be limited just to 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 crimes. Whether it is places of worship or other properties, the negative impact of hate crimes on the community remains the same.

Bill C-305 will also recognize that hate motivated by bias based on gender identity and sexual orientation carries the same weight as crimes committed against religion, race, colour, national or ethnic origin. I am open to amendments with a view to broadening and further strengthening the bill.

The issue of hate crime is truly one that saturates communities nationwide. While we may be shocked and appalled when these terrible acts occur, we must focus on how we may prevent them in the future. Make no mistake: this is an issue that affects every riding and every member of the House; this is an issue that goes across all party lines. There is no room for hate and/or discrimination in Canada. We are a nation that embraces its diversity and that is inclusive of people irrespective of their race, religion, gender identity, or sexual orientation. I know—

[Chandra Arya, Liberal, Nepean, ON]

moved for leave to introduce Bill C-305, An Act to amend the Criminal Code (mischief).

Mr. Speaker, I rise today to introduce my private member's bill, which seeks to amend subsection 430(4.1) of the Criminal Code of Canada.

Hatred based on race, colour, religion, ethnic origin, gender identity, and sexual orientation are some of the worse things in our democratic society. As it stands, this subsection, which deals with mischief motivated by hate, is currently limited to race, colour, religion, and ethnic origin. I would expand this to include gender identity and sexual orientation.

Also, currently this subsection limits properties to places of worship, such as churches, synagogues, mosques, and temples. I would expand this to include schools, daycare centres, sports arenas, seniors residences, colleges, universities, and community centres.

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