Thank you very much. Good afternoon.
I am pleased to be with you. I serve as the Archbishop of Toronto. Toronto is home to 225 Catholic churches and two million Catholics, and mass is celebrated weekly in more than 35 languages. Toronto is also home to hundreds of churches, mosques, temples, and synagogues.
I appear today with Bishop Gendron, the president of the Canadian Conference of Catholic Bishops, to convey our grave concerns that Parliament is suggesting that section 176 of the Criminal Code is no longer required. I would respectfully submit the opposite. More than ever, we need to legislate protection for religious communities and the services conducted every day across Canada.
This is the only section of the Criminal Code that explicitly references protection of religious communities. Some have suggested that the definition of clergyman may be too restrictive, perhaps implying that only Christian communities would be protected. We submit that the term “clergyman” is wide enough to include all faith leaders.
In a specific way, section 176, especially subsections 176(2) and 176(3), captures conduct that is not otherwise clearly reflected in the Criminal Code. We must recognize that there are ways to willfully disturb a religious service without screaming and shouting. A silent protest, unfurling a banner, blocking a procession, etc., can all prevent communal prayer and worship from taking place.
Section 176, especially subsections 176(2) and 176(3), adds clear and direct protection to the integrity of religious worship services. Section 176 is a unique part of the code, and removing it would leave religious communities vulnerable.
We accept the right of people to peacefully demonstrate and protest in public spaces. However, Parliament has drawn the line at conduct that willfully—not recklessly or accidentally, but intentionally—disturbs the solemnity of a religious service. Congregations across the country have a right to gather without being impeded in their assembly and their worship.
This section has been referenced in court cases in the past where judges have recognized that freedom of assembly and freedom of association, rights protected by the charter, could be rendered meaningless without the protection of section 176, especially subsections 176(2) and 176(3).
Places of worship should be sanctuaries of peace, prayer, and community. The bishops of Canada gathered just a few weeks ago in Ottawa to celebrate the 150th anniversary of Confederation, among other milestones. The service at the cathedral was disrupted by a protest, something we see happening with greater regularity. Anytime our churches are targets of protest, we see an arrest as a last resort. We always endeavour to de-escalate the situation. However, to foster a safe environment for the faithful, those who disrupt services should be subject to the Criminal Code if they refuse to cease and desist.
Moreover, the removal of such protection would send a disturbing message from Parliament to faith communities. Divine worship services of all denominations, as well as the important contributions of faith communities, should hold a special place in our heritage and our laws.
Canada's faith communities make vital contributions to strengthening our nation. We don't expect or demand that every Canadian practise a particular religion. However, we do expect that our religious celebrations will be protected, now and always.
Thank you.