Mr. Speaker, I thank the hon. member for Burnaby--Douglas for raising again this immensely important point, I would hope for all Canadians.
The hate propaganda provisions of the criminal code were introduced prior to the Canadian Charter of Rights and Freedoms. When the charter was introduced in 1982, almost immediately there were challenges to it.
The Keegstra case made its way to the Supreme Court of Canada on the basis of an infringement of section 2(b), the freedom of expression provisions of the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada in a split decision of four to three found that although it did infringe the freedom of expression provisions under section 2(b), but that it was properly within the limits in a free and democratic society as a matter prescribed by law.
There are some difficult defences that can be raised against these offences. One must be very careful when one knows that laws might be challenged under the charter that they be expanded with great care.
The member for Burnaby--Douglas has raised this issue on a number of occasions. I heard him raise it again on November 21 with respect to the very recent tragic events in Vancouver which he mentioned again this evening.
The minister, as the member said, agreed to raise this with her territorial and provincial counterparts in the justice ministries on November 28 and as he said, she did raise it. The minister was able to achieve consensus in that group as reported, that the identifiable groups which the hate propaganda provisions, and there are three offences under those sections, apply to should be extended to include the factor of sexual orientation.
I think not a moment too soon, but given the years and some disagreement in the country about these issues and public ideas about this policy, I am very pleased to be able to say tonight that the minister will be putting forward amendments to the Criminal Code of Canada to add sexual orientation to the definition of an identifiable group under the hate crime provisions.
I thank the hon. member for his persistent and very principled tracking of this issue and his persuasive arguments.