Thank you.
Good afternoon. On behalf of the South Asian Bar Association thank you for the invitation to speak this afternoon. Let me start with the background of the organization that I'm here to represent today. We are the largest diverse bar association in Canada. SABA is also the largest organization of south Asian lawyers in North America, and we are coming up on our 11th anniversary.
In terms of advocacy we seek to protect the rights and liberties of diverse communities across Ontario. Our underlying goal is to work toward a justice system that is just and equitable and contributes to a legal profession that is inclusive and progressive. SABA has been involved in a number of consultations in the past with the government, and with various stakeholders in the legal community in Ontario. We are often with other equity groups in the broader community such as the Canadian Association of Black Lawyers, the Federation of Asian Canadian Lawyers, and the Canadian Muslim Lawyers Association.
In terms of my personal background, I am a criminal lawyer with 15 years' experience litigating cases at all levels of court. Exemplary that SABA is an inclusive group that works with other able organizations, in addition to being a contributor to SABA's advocacy group, I am also the chair of the Canadian Muslim Lawyers Association, and a contributing member of the Criminal Lawyers' Association. I'm pleased to hear that you have invited them in order to hear their views as well.
With respect to my contribution today, I wish to address one specific area of the bill, the proposed repeal of section 176 of the Criminal Code. The Minister of Justice's office has come to the conclusion that, one, this law's protection for ministers and clergy under paragraphs 176(1)(a) and 176(1)(b) is under-inclusive, and two, that it is redundant in the sense that other provisions of the Criminal Code are capable of meeting the same objective by way of criminal offences such as threats and assault.
My goal today is to provide some objective input about the pros and cons of the proposed repeal. First, let me turn to the issue of the under-inclusivity of this section. I agree that the language in paragraphs 176(1)(a) and (b) could be more inclusive. To better reflect the multicultural heritage of our nation the words “clergymen” or “minister” could be amended to state “a religious leader”. This way the section would read “everyone who (a) by threats or force unlawfully obstructs or prevents, or endeavours to obstruct or prevent, a religious leader from celebrating divine service, or performing any other function in connection with his calling”. That is a straightforward way to bridge the gap and make this provision more inclusive.
Second, let me address the issue of redundancy. In that context I'll speak about paragraphs 176(1)(a) and 176(1)(b) first. The Minister of Justice is correct that the Criminal Code already covers assaults and threats, and that the sentencing sections in the code indicate that crimes committed for bias or hate are aggravating factors on sentencing. As a criminal barrister I embrace the repeal of redundant criminal laws, but timing is everything. We cannot be blind that the current climate of increased incidents of hate, specifically at places of worship, supports that religious leaders may be in need of more, not less, focused protection. There is no doubt that synagogues, mosques, and temples are being targeted by hate groups. Those institutions also house schools where many children spend their days.
For instance, in March 2017 a bomb threat was called into Toronto's Downtown Jewish Community School, a kindergarten to grade 6 school located inside Miles Nadal Jewish Community Centre. In the preceding weeks, 20 bomb threats were called in across North America to various Jewish centres, including in Vancouver. Similarly, the massacre at the Centre culturel islamique de Québec, which killed six and injured 19 in January 2017, is a stark reminder that religious institutions and their leaders are a focal point of hatred. Some people may counter that other criminal laws are able to deal with those heinous acts. However, keep in mind that the mass shooting at the mosque in Quebec was predated by a pig's head being left at the door of the same mosque six months earlier.
The mistreatment of religious minorities is a growing problem in the greater society of Canada. For instance, racist comments inscribed on the walls at York University and Concordia University and the vandalism at synagogues and mosques are stark reminders.
Bill 62 in Quebec may add fuel to this fire. Indeed, this is becoming a North American problem, and something for which the greater context has to be considered. The 2012 shooting massacre at a Wisconsin Sikh temple and another shooting a few weeks ago at a church in Tennessee are further illustrations that more protection may be required at this critical time in history. Although this law has been infrequently applied in the past, it is hard to deny its relevance in the current climate. The application of the law may become more helpful if policing agencies are educated about it and the public is made aware that it exists.
In contrast, the removal of this section at this juncture may be viewed as an invitation to persons engaging in discriminatory acts to be more aggressive. That being said, if this section were to be deleted, there are additional subsections that continue to be relevant, subsections 176(2) and 176(3), and they are valuable in that they prohibit wilfully disturbing or interrupting persons gathering for religious, social, or benevolent purposes.
In other words, if paragraphs 176(1)(a) and 176(1)(b) are the source of controversy, then their deletion may not require the deletions of subsections 176(2) and 176(3). I'm also mindful of the motion 103, which is a useful platform to study discrimination in various segments of society. It may be appropriate for the government to press pause and allow that study to take its place, for the results to come forward, and then determine whether or not this section should remain.
Thank you.