There are a few ways to look at this. One that politicians in the room are well acquainted with is that criminal laws are often passed to send a message of accountability to the public, but also as an implicit deterrent. This type of provision could arguably send a message—particularly if police agencies were better educated about its applicability—that could be used as a basis to deter future misconduct in relation to synagogues, temples, and mosques, which unquestionably are on the rise. That's why I provided those examples.
It has that benefit in terms of dealing with protecting religious leaders, which is the terminology that I support, because I think it's more inclusive. We're in 2017 and it makes sense to be more inclusive. I take Mr. Nicholson's point that for jurists and other members of the government maybe this is including rabbis, imams, and other religious leaders, but at the end of the day we might as well get it right. If you're looking at amending it, you might as well get the language right so that it reflects the multicultural heritage of our country.
In terms of law enforcement, it may also come down to educating them about its applicability. The reason it may not have been used in the numerous examples I have provided is that it does have a level of obscurity to it in the Criminal Code. The first impulse of any police agency, and similarly of a prosecutor or criminal lawyer, would be to look at the assault provision, the threats provision, and the mischief provision, and not to think of section 176.
I can tell you, to be perfectly candid, that when I was asked to give testimony on this and it was referenced to section 176, despite having practised criminal law for 15 years this was the first time I came across this section. That's where there is some life to the argument of whether we really need this. However, I think you have to put it in the social context of today and not be blind to that reality.