Evidence of meeting #9 for Justice and Human Rights in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-9.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Bussières McNicoll  Director, Fundamental Freedoms Program, Canadian Civil Liberties Association
Alford  Professor, As an Individual
Pardy  Professor of Law, Queen's University, As an Individual
Al-Azem  Director of Legal Affairs, National Council of Canadian Muslims
Sandler  Chair, Alliance of Canadians Combatting Antisemitism, As an Individual
Hallett  Executive Director, Canadian Teachers' Federation
Butler  Associate Professor, Network of Engaged Canadian Academics
Kogan  Professor, Network of Engaged Canadian Academics
Silver  Director of Policy and Projects, Raoul Wallenberg Centre for Human Rights

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I want to talk to you about section 319. Do you know what the word “intifada” means?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

What does it mean?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

Intifada is a form of revolution.

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

It's a violent resistance, correct?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

There are a number of different intifadas. There was a bread intifada in Egypt that came in, which was about economic revolution—

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

In the context of intifada against Jews in the State of Israel, intifada is violent resistance.

Are you going to suggest that it doesn't involve violence?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

I think it can involve violence, but it can also not involve.... Are we really having a discussion about Arabic translation right now?

I speak Arabic. Do you speak Arabic?

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I speak a little bit of Arabic.

Thank you for conceding that in that context, it involves violence.

The term “intifada” is shouted every day on Canada's streets, whether it's “viva viva intifada” or “globalize the intifada”, which means bring the intifada here to Canada.

In your view, when that is being chanted in a North York neighbourhood, is that incitement to violence or not?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

Let me be clear, this has always been the position of the National Council of Canadian Muslims: If anybody is espousing any form of hatred against any group, and that includes anti-Semitism, Islamophobia, any other identifiable group, that is incorrect and it's something we—

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I'm talking about the second subsection in 319. I'm not talking about hatred. I'm talking about incitement to violence, which is the other section.

My question for you again is, if you already concede that this is violence and it is shouted in Canadian streets, do you agree with me that the chant “globalize the intifada” or “viva intifada“ is incitement to violence, yes or no?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

I think your question really belies a lot of the problems with bringing this bill forward, and I think it belies some of the, let's say, motivations behind bringing it up at this point.

I think Professor Pardy was referring to the convoy. We saw a number of hate slogans and hateful logos and symbols around the convoy. We saw a number of them.

There was no attempt to bring a bill like this forward, so I think, if anything, that your question is actually belying that this is meant to curb the civil liberties of the millions of Canadians who have taken to the streets peacefully to oppose genocide.

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I'm perplexed that a Canadian lawyer somehow could justify incitement to violence. I'm also a lawyer, and I'm very perplexed by your position.

Hamas is a listed terrorist entity in Canada. Do you think it should be legal to fly a Hamas flag on a Canadian street?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

To be clear, this bill goes much beyond that—

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

Just answer my question, please.

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

—and I'd like to articulate—

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I'm not asking beyond.... I'm just asking about the flag. Should it be lawful to fly a Hamas flag in North York?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

I think that it really depends on a lot of different things. What's the intention of the person flying it? Again, this is why something of this nature that impacts civil liberties does need to be examined very clearly.

I'd like to say that I did not concede that intifada is violent. I specifically did not concede that.

4:15 p.m.

Conservative

Roman Baber Conservative York Centre, ON

AlI right.

If a person is chanting “intifada” and they're holding a flag of a terrorist entity like Hezbollah, should that be criminalized, in your view, or not?

4:15 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

Again, my view is that this bill isn't even scratching that surface.

Let me give you an example of what we've seen and my concerns with this bill. Over the last year, we've seen members of the Muslim Shia community, every year, take to a procession, right...? It's called the Arbaeen. They take to the streets.

They took to the streets in Montreal wearing a green headband with Arabic calligraphy on it—

4:20 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I wasn't asking about symbols.

I'm sorry, but my time is short. I have only about 30 seconds.

4:20 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

I think you were asking about symbols. You were asking—

4:20 p.m.

Conservative

Roman Baber Conservative York Centre, ON

I refer you to the NCCM statement of October 8 in response to October 7. Why did the NCCM statement of October 8 fail to mention the word “Hamas”. A day after the October 7 attack, why did your organization in a statement that it issued not mention the word “Hamas” once?

4:20 p.m.

Director of Legal Affairs, National Council of Canadian Muslims

Nusaiba Al-Azem

I don't know how that's even relevant to the provisions that we're discussing here, but let me just say—

4:20 p.m.

Conservative

Roman Baber Conservative York Centre, ON

Why did your statement fail to condemn the October 7 attack?