Honourable members, thank you for giving me the opportunity to address the committee.
The study of Bill C‑9, which aims to combat hatred, is very relevant at this time, as we are experiencing a real crisis of hatred.
Hate crimes have more than doubled here over the past five years, with nearly 20,000 incidents reported by the police. Most of these crimes target Canadians based on their race, religion or sexual orientation.
This rapid rise is underpinned by what feels like a culture of impunity surrounding incitement to hate. History has taught us that the most unspeakable of crimes begin with incitement.
The Holocaust did not begin with the gas chambers. It began with words and the stereotyping and dehumanization of Jews, in the same way that the killing fields of the genocide against the Tutsi in Rwanda started with radio propaganda calling them cockroaches.
The Supreme Court of Canada enshrined this principle in law, affirming that Léon Mugesera, who was then living in Quebec, was responsible for participating in the genocide against the Tutsis due to his hateful speech, and should be deported, even if he hadn't been in Rwanda when the killings themselves occurred.
In the hate speech trilogy of Supreme Court cases in 1990 of Keegstra, Taylor and Andrews, the court affirmed the constitutionality of Criminal Code restriction on hate speech. This was further enshrined and refined by courts in the subsequent decades, always holding that hate speech can be proscribed in compliance with the Canadian Charter of Rights and Freedoms.
Not only are hate speech prohibitions not in breach of the charter, they actually help protect it. Hate is an assault on the inherent dignity of the person, on the equal dignity of all people, on the right of minorities to protection from group vilifying hate and on Canada's international treaty obligations.
There is no right to use one's freedom of expression to infringe upon the rights of others.
The combatting hate act makes a meaningful contribution to protecting Canadians and promoting human rights in the face of rising hate crime. The provisions on hate symbols and the targeting of community institutions are particularly important as a matter of principle and policy.
Banning the wilful promotion of hatred against an identifiable group by displaying specific Nazi or terrorist hate symbols in public addresses a leading form of incitement today. These hate symbols represent violence and are anti-democratic in nature. Such expression vilifies and excludes targeted minorities, incites harm against them and undermines broader human rights norms.
Neo-Nazism and any of the designated terrorist groups are a danger to Canadians. Their hate symbols send a clear message. A Nazi symbol tells Holocaust survivors they are not safe or equal in Canada and encourages white supremacists to act against them.
The ISIS flag tells Yazidi and minority Muslim survivors of terrorist atrocities such as the Ahmadiyyah and Ismailis that they are targets in Canada and encourages Islamist extremists to act against them.
These are hate groups that murder, maim and menace Canadians and seek to dismantle democracy. That is what their symbols represent.
Criminalizing the intimidation or the impeding of access to a community institution associated with a minority group, such as a day care, seniors' residence or place of worship, protects the freedoms of vulnerable people.
No Canadian, whether they are a Jewish toddler being dropped off at a day care, a Muslim going to mosque, or an LGTBQ+ person attending an event at their community centre, should face hateful harassment and obstruction in their neighbourhoods.
There are always legitimate legal debates surrounding any legislation being proposed. However, saying that one’s constituents cannot express themselves without resorting to wilfully promoting hate in Nazi or terrorist symbols or obstructing access for vulnerable groups to their crucial communal institutions, says much about the nature of their intended expression. These elements of Bill C-9 are a necessary and narrowly tailored response to a massive rise in hate crimes, and a reaffirmation of principles that Canadian courts have already upheld for decades.
To truly effectively combat hate crime, legislation must be followed by government leadership. The Prime Minister and his cabinet ministers should make it a habit to visit victims to offer them comfort, and to immediately and unequivocally condemn hate crimes when they occur.
As well, the government should mobilize federal, provincial and municipal law enforcement and leaders to move together on a common cause. The government can convene the federal, provincial and territorial meeting of ministers of justice and public safety for a special meeting on combatting hate crimes, and create an FPT working group that meets regularly to enhance co-operation and effective enforcement in that regard.
The aspects of Bill C‑9 that deal with hate propaganda and access to religious or cultural sites are particularly necessary. However, the government must show leadership beyond these measures.
Thank you very much.
