Mr. Speaker, I would like to begin by saying very clearly and plainly that the Bloc Quebecois supports this bill and will support it wholeheartedly.
When deciding whether or not to introduce a bill, there are two questions that need to be asked. The first one is whether there is a need for a bill. The second is whether the bill in question meets the need that has been identified by the first question.
Let us start with the need. I remind hon. members that Quebec is recognized around the world as a place of tolerance, a place that accepts and defends rights and freedoms. Quebec was the first jurisdiction in Canada to ban discrimination based on sexual orientation, back in 1977. Quebeckers are very proud of this.
Unfortunately, despite the fact that Quebec and Canadian society is more tolerant when it comes to homosexuality, there are still groups and individuals that perpetuate ideas that promote hate toward homosexuals.
This type of hate must be punished in a society that calls itself free and democratic. If we do not tolerate hate propaganda based on colour, race, religion or ethnic origin, then it makes perfect sense that we should do the same when it comes to sexual orientation.
Currently, there are five groups that are targeted by hate propaganda. Of these five groups, four are protected. The one group that is not protected is made up of gays and lesbians.
It is interesting, and particularly relevant, to note that according to Inspector Dave Jones of the Vancouver Police, in Vancouver, 62% of hate crimes target homosexuals. This percentage, 62%, is high when we consider that gays make up only one of the five groups identified as targets of hate crime. According to Dave Jones, it is unacceptable that sexual orientation is not considered an identified factor targeted by hate propaganda.
There are all kinds of examples of hate propaganda. The Internet site, www.godhatesfags.com has been mentioned several times. On this site, there is a picture posted of the young man who was beaten to death and who is allegedly burning in hell because he was gay.
On that subject, I would like to reiterate what Pat Callaghan, from the Ottawa-Carleton police hate crimes unit, said about the visit to Ottawa by some followers of the godhatesfags site creator, the so-called Reverend Fred Phelps. He said:
If this was done against a Catholic, a Jew or a Black person, charges could be laid. If we had that legislation, we wouldn't have to put up with this nonsense. We could have told him, “If you show up and start spreading this hate, we'll arrest you”.
So my first criterion has been met; there is a need to protect a group that is being subjected to hate propaganda.
For the second criterion, when we analyze this type of bill, we have to ask ourselves whether it meets the need identified in the first criterion.
Freedom of religion is what is at issue here. It is the primary objection to this bill. It was the objection raised by my colleague from the Canadian Alliance who spoke before me.
First, I think it is important to say that not all religious groups or religious individuals oppose this bill. I will not repeat what my Liberal colleague said before me about the letter from Timothy Coonen from St. Mary's Catholic Church in the Yukon, or the letter from Thomas Adams, the pastor at the Baptist church in Richiboucto, or even the editorial—to use another religious denomination—from the Jewish Bulletin of January 3, 2003 pointing out that the Bible is not hate literature. I would only ask people to read what was said.
However, I do not entirely agree with my Canadian Alliance colleague who spoke before me. He said that he would no longer be able to speak freely from the Bible to condemn homosexual activity—for lack of a better word.
I was baptized Catholic. I was raised in that faith and I even went to private Catholic school. At school, in our religion courses, we were taught—I am making an analogy; and I know that analogies are often less than perfect, but bear with me—that the Jews made a mistake in not accepting Jesus as their saviour. The theological position of the Catholic Church—and I think it is the same in all the Christian churches—is that Jesus is the Messiah. Thus, accepting Jesus as our saviour leads us to eternal life. The Jews, who did not accept him, committed a theological error.
That is what I was taught and perhaps they still teach it. It is possible to say, with respect, that one believes the Jews made a mistake in not accepting Jesus as their saviour. But to go from that to saying that because the Jews made a supposedly theological error, they can be subjected to hate propaganda is a major leap that our society has refused to make for a long time, for instance when provisions against hate propaganda were included in the Criminal Code.
On Sunday, I attended the opening of the Holocaust Museum. It is easy to see how far hate propaganda can lead. One can see the depths of baseness and darkness that human beings can descend to when hate is involved. I am very much aware of the hate that has been directed against the Jews.
In the same way, someone who believes in a particular interpretation of the Bible, a holy book, may well say, “We condemn what homosexuals do”. Someone might very well say that. But to go from this interpretation in good faith of a religious text to an incitement to hatred based on hate propaganda is, once again, a step that must not be taken.
I was using the example of the Jews who are protected by the Criminal Code because they are an identifiable ethnic group. Quite simply, the same reasoning applies in the case of homosexual, lesbian or transgendered persons. It is simply a matter of not crossing the line between interpretation of a religious text, with which one may agree or disagree, and incitement to hatred.
We know full well that freedom of religion is well protected in Canada. There is section 2 of the Canadian Charter, section 3 of the Quebec Charter and the supremacy of God, as stated in the preamble to the Constitution. No right is an absolute right in our legal system, but the only possible limitations are those necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
Because these are factors that may affect a freedom very well recognized in our legal system, these limitations must be clear and narrowly interpreted to ensure that the freedom in question is subject to as little limitation as possible.
In a nutshell, freedom of religion is given prominent status in our law; nevertheless, it is not absolute. It is subject to limitations which must be clearly justified in law and come with safeguards.
I will conclude by reminding the House of three things. First, so far, there have been very few prosecutions under the hate propaganda provisions of the Criminal Code because the test is very difficult to meet. The disclosure that results in an infraction must be specifically designed to promote hatred against an identifiable group. The message heavily laden with contempt must spread hatred according to factors very clearly defined by Justice Dickson in the Keegstra decision.
I will let a non-partisan analyst, namely the Parliamentary Research Branch, conclude for me:
The drafting of the Code's hate propaganda provisions with respect to specific intent, the definition of hate propaganda by the courts, the special defences and the fact that the attorney general of the province needs to approve prosecution all contribute to ensuring that this kind of prosecution will be possible only for the most blatant cases and that the act is consistent with the Charter.
I read further:
These requirements meet the limitation criteria set out by the Supreme Court of Canada in cases relating to freedom of conscience and religion.
Adding sexual orientation to the list of identifiable groups does not have a negative impact on the principle of freedom of conscience and religion. It does not increase the limitation that may be placed on this freedom by lawmakers and courts or decision makers. Its impact is neutral.
In conclusion, we wholeheartedly support Bill C-250.