Evidence of meeting #82 for Canadian Heritage in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was discrimination.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Don Hutchinson  Author, As an Individual
Cecil Roach  Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board
Shahid Akhtar  Co-Chair, Canadian Association of Jews and Muslims
Barbara Landau  Co-chair, Canadian Association of Jews and Muslims
Chief Perry Bellegarde  National Chief, Assembly of First Nations

3:35 p.m.

Liberal

The Chair Liberal Hedy Fry

I call the meeting to order.

Good afternoon. Pursuant to Standing Order 108(2), this committee on heritage is studying systemic racism and religious discrimination.

Today we have two witnesses for the first hour, which goes from 3:30 p.m. to 4:30 p.m. We have, as an individual, Don Hutchinson, author; and from the York Region District School Board, Cecil Roach, coordinating superintendent of education, equity, and community services.

You each have 10 minutes to present. I will give you a two-minute warning so that you know when to wrap up. We will then go to a question and answer round.

We'll begin with Mr. Hutchinson for 10 minutes, please.

3:35 p.m.

Don Hutchinson Author, As an Individual

Thank you, Madam Chair, for the opportunity to participate today. My comments will follow my written submission, which I understand was circulated last week.

Anti-religious discrimination in Canada has not been confined to any one religious community, and such incidents cannot be considered to be of greater or lesser significance based simply on which religious community is targeted.

While it is unfortunate that motion 103 highlighted one religious community, the motion did spark national debate and provided a mandate for this committee that goes beyond the concerns of or for any one religious community.

I will set aside comment on the use of the uncertain term “lslamophobia” except to suggest that the concern of this committee ought to be in regard to mistreatment of people from any and all religious communities. Islam is not a race. Muslims and people in any other religious community are from a variety of races. My comments will address the committee's study in regard to mistreatment of people based on their religion and reducing systemic discrimination based on religion.

Canada is a nation with a history steeped in religious tension, religious accommodation, and the development of robust political, legal, and constitutional principles in regard to freedom of religion, including prohibitions on discrimination based on religion.

A brief history of that religious tension and accommodation is set out in paragraphs 8 to 16 of my written submission, particularly noting the Constitution Act, 1867, did not assign responsibility for religion to either the federal or provincial governments, although both jurisdictions impact on religion. The federal government assumed a role in regard to religion through its criminal law and taxation powers. The provinces, through constitutional jurisdiction over civil rights, enacted human rights legislation that includes recognition of religious rights to belief, association, assembly, teaching, practice, and worship.

The Canadian Charter of Rights and Freedoms was included in the Constitution Act, 1982. The charter applies to all levels of government—federal, provincial, territorial, municipal, school boards, other government agencies—and Canadians.

The first freedom in the charter is freedom of conscience and religion.

In decisions on charter cases, the Supreme Court of Canada has affirmed several pre-charter legal concepts in regard to freedom of religion and religious accommodation, which are briefly described in paragraphs 17 to 20 of my written submission. In the charter, freedom of religion is intimately connected with the freedoms that follow in section 2.

Religion is also a stated ground on which discrimination is prohibited under section 15, equality rights. Section 27 requires the charter to “be interpreted in a manner consistent with the...multicultural heritage of Canadians”, which necessarily means a multi-religious heritage as well.

The Supreme Court has asserted a robust definition of freedom of religion that aligns with the UN Universal Declaration of Human Rights, stating:

A truly free society is one which can accommodate a wide variety of beliefs, diversity of tastes and pursuits, customs and codes of conduct.... The essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination.

The court continues:

Freedom in a broad sense embraces both the absence of coercion and constraint, and the right to manifest beliefs and practices. Freedom means that, subject to such limitations as are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others, no one is to be forced to act in a way contrary to his beliefs or his conscience.

The right applies to individuals, groups, and institutions because religion is practised both individually and in community.

Canada does not have a doctrine of separation of church and state, a constitutional concept in the U.S.A. The Supreme Court has ruled that the Canadian state is to be neutral in regard to religion, not permitted to act as arbiter of religious beliefs or to favour one religion over another. Nor is government permitted to require no religion in its relationship with Canadians. All Canadians are constitutionally welcome to participate in Canadian life from the perspective or world view that informs the way they choose to live, without fear of mistreatment or punishment for doing so.

Statistics Canada confirms that our nation's largest identifiable religious community comprises simply the largest minority religious community in the country. Catholics, including Roman Catholics, comprise under 40% of Canadians. We are a nation of minorities.

Data on hate crimes from 2015 notes that 35% of reported incidents were motivated by anti-religious bias. Of anti-religious incidents, 37% were directed against the Jewish community, which comprises 1.1% of the Canadian population, and 34% were directed against the Muslim community, which comprises 3.2% of the Canadian population.

This brief historical tour and commentary is offered in a context expressed by a Mi'kmaq friend. Look back to learn how the issue has been considered in the past, assess the status today, and then look forward seven generations to consider the future impact of actions taken today. Looking forward seven generations would take us from Canada 150 to Canada 300. If that seems a stretch, at least look to Canada 200—which will take place within the lifetimes of many in this room—rather than be overly concerned about scheduled federal elections in 2019 or 2023.

The following recommendations are made in the spirit of the Constitution Act, 1867's provision that the federal government “make Laws for the Peace, Order, and good Government of Canada”; the Constitution Act, 1982's description of Canada as “a free and democratic society”; and a whole-of-government approach.

Parliamentarians are encouraged to engage openly with people of various religious beliefs, and this includes connecting with faith-based organizations in the community and those participating in the process of policy development.

Continue to protect. Remove from Bill C-51 its clause 14, the proposal to remove section 176 from the Criminal Code. Section 176 protects the ability of religious officiants and congregations to celebrate religious services without threat, interference, or disruption. If the Criminal Code did not already contain such a provision, adding it would be the kind of recommendation anticipated from this committee.

Retain clause 30 of Bill C-51, the proposal to remove section 296, the Criminal Code's blasphemy section. Blasphemy laws in other nations have led to persecution of religious and non-religious minorities, counter to the values of a free and democratic society. In Canada, all beliefs and practices, religious and non-religious, must be open to critical evaluation and peaceful dialogue, debate, and dissension.

Retain Criminal Code provisions dealing with hate propaganda and with mischief relating to religious property.

Move from protection to promotion. Seek opportunities to educate Canadians about our constitutional and legislated positions on religious freedom. It is important to move from the protection of rights to the promotion of understanding rights.

Ensure religious representatives are participants in appropriate government activities, including public events and situations such as donation matching for emergency disaster relief. Continue working with religious organizations whose work provides public benefit. Maintain and develop appropriate historical markers that recognize the contribution of religious individuals and communities to the development of the nation. Continue to collect and share data in regard to religious observance by Canadians.

The Government of Canada is encouraged to hold a first ministers conference with an agenda committed to the promotion of religious freedom.

The Government of Canada is encouraged to establish guidelines that facilitate faith-based activities across the public service with consistent application within all government departments. Encourage Canadians to continue support of religious and religiously based organizations that provide public benefit, including by means of the personal tax credit.

Continue to provide a well-funded chaplaincy for inmates in Canadian prisons and members of Canada's military. Continue military briefing on religion relevant to their theatres of engagement.

Re-establish the Office of Religious Freedom or a similar dedicated office. Matters of political theology and religious literacy are essential to global engagement.

Re-establish the annual Global Affairs consultations, where representatives from religious and other communities of concern may comment on developing global situations.

Canadians are affected by religious freedom challenges and systemic religious discrimination that happens in Canada and globally, requiring a whole-of-government approach.

Thank you, Madam Chair.

3:40 p.m.

Liberal

The Chair Liberal Hedy Fry

Thank you, Mr. Hutchinson.

Now I'll go to the York Region District School Board, for 10 minutes.

Mr. Roach.

November 1st, 2017 / 3:40 p.m.

Cecil Roach Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board

Thank you.

First, I thank you for giving me the opportunity to speak today. I want to let you know, though, that I am not speaking as a representative of the York Region District School Board; the views will be my personal views.

I also want to begin in the spirit of reconciliation, and acknowledge that I sit on the traditional territory of the Algonquins of Ontario. I also recognize that as a later settler to Turtle Island, now called Canada, I owe a lot to the first nations, Métis, and Inuit peoples who looked after this wonderful country I now call home.

As an educator, I want to get to a place where our indigenous students learn in an education system that expressly admits that in the past, for them, education has meant the destruction of their families, their communities, their languages, and their very souls.

I also say that while we think about reconciliation, we cannot simply brush aside the ugly truth of our history, of colonialism, of attempting to whitewash the Indian out of the Indians through the policies, which included the horrors of the residential schools, and generally of our long history of anti-indigenous racism. Our latest census reveals that indigenous Canadians are resilient peoples. They are among our fastest-growing population. Let us lean into the truth of the ugly history of our relationship with indigenous Canadians and look to move toward reconciliation.

About the topic at hand, systemic racism and religious discrimination is an unquestionable reality in today's Canada. I have lots of narratives of individual acts of anti-black racism from my more than 25 years as an educator in both Quebec and Ontario.

One recent example was when, during some professional learning, a participant felt safe enough to say that perhaps black students wouldn't always be in trouble and get suspended if their mothers would stop having children with multiple partners, and if they had male role models in their lives. Another one from the not-so-distant past is what I would call casual anti-black racism. While a staff member was escorting members of the fire department to a secondary school, they passed a group of black students. The staff member said the students shouldn't worry because it wasn't the police.

As I've said, I have lots of narratives of individual acts of racism, but the reality is that systemic racism is not individual; it is structural. It's what the Honourable Murray Sinclair, whom I had the very distinct honour of meeting in 2015, told this very committee. Its the “racism left over after you get rid of the racists”.

Yes, I would like to think about systemic racism and its impact on the black community in general and on black students in particular. First of all, systemic racism stems from values, structures, policies, and practices that result in discrimination against identifiable groups of people.

Let's look back at Canada's immigration laws. Before Donald Moore led 34 representatives from the Negro Citizenship Association on that historic train ride to Ottawa on April 27, 1954, Canada's immigration policy and practice could be described as a perfect example of systemic racism. At the time, Canada allowed entry to subjects from British colonies or former British colonies; however, it's definition of “British subjects” only applied to those from the United Kingdom, Australia, New Zealand, South Africa, and Ireland. British subjects from the then-British West Indies, India, Pakistan, and Africa were denied entry to Canada.

This policy, resulting practices, and the attitude that stemmed from it did not specifically say that Canada did not want black or brown people as immigrants, but the result was a systemically racist exclusion from Canada of people who look like me.

I like to tell this story because I consider myself a son of Donald Moore. It was his landmark brief to the then-Minister of Citizenship and Immigration, Walter Harris, and his subsequent press conference that resulted in the relaxation of Canada's immigration laws and allowed West Indian nurses and domestics into Canada. My mother was one of those domestics.

This was a perfect example of systemic racism, as are structures, attitudes, and practices that today result in black students being overrepresented in non-academic streams, suspensions and expulsion rates, and high school dropout rates. For black Canadian parents, the school-to-prison pipeline is not just an American reality.

Systemic racism has an insidious nature. As an educator, I've witnessed well-meaning, caring teachers send newly arrived black students to the guidance department to change their destination from academic to applied, because after all, if you come from Jamaica, you couldn't possibly be a candidate for academic English. I would argue that this type of attitude and belief that devalues students is also internalized by students, who come to believe that the academic track is, indeed, not for them. One black student said to me when I started teaching English in Ontario, “Come on, Mr. Roach, you know black kids don't do OAC English”.

That June I took it upon myself to walk through every single OAC exam and what I saw shocked me. In a school with a significant black student population, black students were nearly absent from the exams that determined university entrance. I remember musing to another black teacher that perhaps we were intellectual anomalies who were able to be successful in school and get to university. He was quick to point out to me that almost every black teacher he knew had their primary education outside of Canada.

Back then we used the term “institutionalized racism”. What's interesting is that more than 20 years later, we are having the same debate about the systemic racism in schools and the impact that streaming has on black students.

I know that for most educators the idea that we work in a system that has an established systemic bias to the success of black students seems like an enigma. After all, we see ourselves as caring professionals with good intentions for all our students. Some have called this the “but I'm a good person narrative”. This emotional response is something that we have yet to manage as we look to move forward with the work of eliminating systemic barriers to the success and well-being of all students, including black students and others left at the margins. The great thing is that many school districts are beginning to do the work to develop critical consciousness in staff and to help them recognize that systemic racism exists in our society and in our institutions and that we must take explicit and deliberate actions to combat it.

I know that motion 103 calls for the condemnation of Islamophobia and all forms of religious discrimination. I also know that some seem to question whether we should call the irrational fear or hatred of Muslims “Islamophobia”. First of all, Islamophobia is real, and it's particularly real for Muslim Canadians whose very belonging to this country is sometimes questioned simply because they are Muslims. For my Muslim colleagues in education, it is real when their children are called Osama terrorists at school. It is real when a small minority carry out terrorist acts in the name of Islam and they ask me whether I think it's safe for them to send their children to school. It's real when, after an attack in some European city, they choose to drive their children to school rather than have them take public transportation or the school bus. It is also real when their children come home wanting to change their names because of the incessant Islamophobic bullying that they suffer at school.

We know that in Canada hate crimes again Muslims have increased by an alarming 60% in one year, and they are second only to Jewish Canadians as targets of hate based on religion. We also know that law-abiding Muslims face great scrutiny at airports, at border crossings, and generally when going about their everyday lives as ordinary Canadians. Of course, we saw this irrational fear of Muslims explode into violent murder at the Quebec City mosque when six Muslim men were murdered in cold blood while they prayed. In my view, calling the irrational fear or hatred of Muslims “Islamophobia” is absolutely the right thing to do.

We also know that anti-Semitism is very real for Jewish Canadians. In Canada, Jews are still the number one target of hate based on religion. Hateful acts and hate crimes against Jews have spiked recently. In education we are seeing the rise of anti-Semitic graffiti, students making anti-Semitic comments or posting anti-Semitic images on their social media. We also cannot ignore the fact that white supremacists seem to now feel emboldened and are crawling away from their computer screens, publicly demonstrating their hatred for Jews, Muslims, for immigrants, and for all racialized people. The question then becomes how to fight against systemic racism and religious discrimination which, I'm sure we all agree, lessens us as Canadians.

I would make a couple of recommendations.

First is that the Department of Canadian Heritage and the Government of Canada act relentlessly in naming and shaming anti-black racism, anti-indigenous racism, anti-Semitism, and Islamophobia. When acts of hate occur anywhere in our wonderful country, the condemning voice of our government has to be front and centre.

Second is that the Department of Canadian Heritage develop an anti-racism action plan, which includes funding for community initiatives aimed at peacefully fighting hate and building inclusive communities. Some of this funding should explicitly be directed at students and young people who, I believe, are ready to take on the task. This initiative must include accountability measures that are both qualitative and quantitative.

Last is that the Government of Canada declare indigenous education as a national emergency and develop a plan of action with defined timelines to ensure that the national dropout rates of indigenous students fall within the average of white students. I would call for the same thing for black students, but I realize their education falls under provincial jurisdiction.

I hope I've stayed within my 10 minutes. I want to say to the members of the committee, systemic racism and religious discrimination is a national scourge that lessens us all as Canadians.

3:50 p.m.

Liberal

The Chair Liberal Hedy Fry

Thank you very much.

Now we go to the question and answer part. The question and answer together is limited to seven minutes.

I will begin with Ms. Dzerowicz for the Liberals for seven minutes.

3:50 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Thanks, Madam Chair.

Thanks to both of you for your wonderful presentations, and thanks for coming all this way to be part of this discussion and deliberation.

Mr. Roach, even though you've indicated that this is all your personal opinion, I think because you've been so long in the education system, I'll focus some of my questions on getting some of your expertise. Is there a definition within the education system right now around a hate crime, and is there any collection of data, whether it's formal or informal, done within the education system?

3:50 p.m.

Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board

Cecil Roach

First of all, in our district we have not been collecting the data. However, we have a protocol for dealing with any incidents of hate. We have them at all levels of secondary and elementary. Our protocol is that the students are suspended for at least one day of school, and included in the suspension is a one-day learning piece where we provide resources to develop understanding for young people. We believe that we will never give up on young people, and we really make an effort to educate them.

In terms of a working definition, we use the 17 grounds of the Ontario human rights code as a way of coming at incidents of hate.

3:55 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Part of the reason I mention it is that a consistent feedback we've received from most of our witnesses is that there is no consistent definition of “hate crime” across the country. There is the collection of data on hate crimes across the country, but it's not apples to apples everywhere. For me it's important for us to have that within our education system as well, whether it's with our children or with our teachers. That's the reason I've asked that. It's good to know that there is a protocol.

3:55 p.m.

Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board

Cecil Roach

If I may add, part of our protocol is to connect with the hate crime division of the police, in our case the York Regional Police services. We have a relationship with them. The protocol is to connect with them and they do the collection. We also connect with our community agencies around these kinds of incidents, which unfortunately I'm afraid are on the rise recently.

3:55 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Thank you.

You made a statement that I was going to quote, so you're a little bit ahead of me. It's what Senator Sinclair said about the fact that people have a hard time understanding systemic discrimination and systemic racism. He said that “systemic racism is the racism that's left over after you get rid of the racists”. Then he talks about the justice system and he says that we will still have racism perpetuated by the justice system “because the justice system follows certain rules, procedures, guidelines, precedents, and laws that are inherently discriminatory."

I'm trying to figure out what we can do at the national level. Is there something similar within an education system...? When you look at all of our recommendations, we talk about a national action plan and we talk about a big education plan, but for me, if there are some inherent systemic issues around discrimination within the actual education system, is there something that we need to do to try to draw those out and try to fix them as we're trying to come up with an education plan?

3:55 p.m.

Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board

Cecil Roach

What you have to do is you have to name it and then you have to work on education about it.

One of the things that we're doing as a district, as a particularly large complex organization, is looking at, for all those who work for us, if they have attitudes that we know are contradictory to some of our basic principles, how we work against that, or how we ensure that those who come to us come through a kind of psychometric type of approach where we know they don't hold certain views about people.

What happens with systems is that over time they seep into people's attitudes about other people. That kind of seepage is insidious and is hard to get rid of unless you actually take explicit, deliberate training for getting at that. I know we're looking at anti-oppression as a way of approaching how we work with our staff around understanding, because it's a very personal thing when you tell people they're complicit in a system that is systemically racist or has systemic barriers that are preventing identifiable groups of kids from reaping the full benefits of our education system.

3:55 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

When you talk about naming and shaming, it's your first recommendation.

What is it that you want government to do? We can do it when we see it. How do we give guidelines to other people to do that? Can you be a little bit more specific in that recommendation?

3:55 p.m.

Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board

Cecil Roach

I think when things happen.... I know there are high-profile things. When we have white supremacists parading about our country, I think it's important our leaders come out and call them what they are. Call them out and let folks know that they don't represent who we are as a nation. I mean, we really believe in Canada. It's the spirit of Canada. However, there are some legacies that we have to deal with, that we have to be up front with.

As I said, there's the truth that we have to face before we start moving forward. I know we talk about truth and reconciliation. We quickly jump to reconciliation, but we are afraid of dealing with the truth, right? I think we can't get to reconciliation until we face the truth, regardless how ugly the truth is. It is something we have to face, manage, and deal with so that we can move forward.

4 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

We have to put it on the table.

I'm running out of time.

But very quickly—

4 p.m.

Liberal

The Chair Liberal Hedy Fry

You are, you have about one minute left.

4 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Thank you.

Social media in our school system can be a force for good and a force for bad.

How should we use this as part of an approach to reduce and eliminate systemic and religious discrimination?

4 p.m.

Coordinating Superintendent of Education, Equity and Community Services, York Region District School Board

Cecil Roach

I think we have to embrace social media. I tell my staff all the time, really, if you put this in the hands of our students, they will solve it.

There's a small percentage of them who hold views that are insidious. However, the majority of our students are good students who want to do the right thing. I say let's embrace social media. Let's use social media as a force for good.

4 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Hutchinson—

4 p.m.

Liberal

The Chair Liberal Hedy Fry

You have 20 seconds.

4 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Well, 30 but....

Mr. Hutchinson, what I was going to do is ask whether or not you had seen Ontario's anti-racism strategic plan, and whether you thought that might be a good basis for us to be working forward on in terms of our whole-of-government approach at the national level.

4 p.m.

Author, As an Individual

Don Hutchinson

I think the Ontario plan and the paper prepared by the Ontario Human Rights Commission in regard to the discrimination, as well as the Supreme Court of Canada's 2013 decision in the Whatcott case, would all be very helpful in informing your thoughts.

4 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Okay.

Thank you so much.

4 p.m.

Liberal

The Chair Liberal Hedy Fry

I think, Ms. Dzerowicz, when I say you have 20 seconds, I know it's because it's always going to go 10 to 15 seconds over. I always give you that.

As it was, we went to 7:03 on this one.

4 p.m.

Liberal

Julie Dzerowicz Liberal Davenport, ON

Thank you.

4 p.m.

Liberal

The Chair Liberal Hedy Fry

That's fine.

The next person is up is David Anderson for the Conservatives.

You have seven minutes, David.