Madam Speaker, I would like to begin by saying that the Conservatives constantly talk about their desire to make our communities safer, yet, they appear determined to weaken restrictions on hate crimes. This seems contradictory to me.
We all know that the Conservative government has had a love affair with right-wing, George Bush-type Americans. It was the Republicans who supported mandatory minimum sentences and the elimination of pardon applications in the 1980s. As a result, the prison population soared, but public safety did not necessarily improve. It is these same Republicans who cling to the Constitution's first amendment: unconditional freedom of speech. Unfortunately, extremist groups of all kinds use it to spew homophobic, racist, Islamophobic and anti-Semitic beliefs, while claiming protection under the first amendment. This American standard goes against certain international conventions, such as the International Covenant on Civil and Political Rights, which prohibit hate speech.
The Conservatives love to talk about victims and show empathy for their situation, as we all should, in fact. However, in this case, they are completely blinded by their ideology. They are forgetting the people who are already marginalized, such as racial or religious minorities or the gay, lesbian and transsexual communities. They are forgetting the dramatic effect that hate speech can have on someone who is already marginalized. They are forgetting the suicide epidemic among gay, lesbian and transsexual teens in the United States and Canada. They are forgetting the attacks on visible minorities. Expressions of hatred and intolerance are the main causes of these tragedies and that is why we must, at all cost, maintain protection against such expressions of prejudice.
I heard the member on the other side say in his speech that there is not always a victim on the receiving end of hate speech. That is not necessarily the case. If someone writes something hateful and there is no one yelling and saying that it hurts, it does not mean that it is not the case. You never know what effect it can have to write something about someone.
The Canadian Human Rights Tribunal has seen many cases based on section 13 of the Canadian Human Rights Act. Those cases have included many related to white supremacy, holocaust denial and other forms of anti-Semitism.
The Conservatives' argument against section 13 of the Canadian Human Rights Act is that it infringes on their right to freedom of speech, protected by the Charter of Rights and Freedoms. They also maintain that Canadians are already protected against hate speech by subsection 319(2) of the Criminal Code. On both points, total devotion to their ideology is giving the Conservatives a case of amnesia and making them deliberately ignore the facts.
Let us be clear and honest in this House. Section 13 of the Canadian Human Rights Act does not infringe upon the Charter-protected right to freedom of expression. How do I know this? Because in 1990, in Canada (Human Rights Commission) v. Taylor, the Supreme Court of Canada ruled to that effect. It worries me when the federal government chooses to completely ignore Supreme Court decisions.
As for the government's second argument, which is that the Criminal Code already protects Canadians against hate speech, they are conveniently forgetting to consider the important differences between subsection 319(2) of the Criminal Code and section 13 of the Canadian Human Rights Act. These differences are significant. In fact, they are extremely important for victims of hate crimes.
I would like to enlighten the members across the floor regarding some of these differences. First of all, the complaint procedure is different. The Canadian Human Rights Act allows individuals to file complaints. If the commission finds that the complaint is major, the matter goes before a tribunal. Under the provisions of the Criminal Code, criminal proceedings can only be brought against someone with the consent of the Minister of Justice. Victims of hate crimes should not have to wait for crown attorneys to prosecute a case only after the Minister of Justice has given the green light.
Now I would like to talk about the standard of proof. The Canadian Human Rights Act sets out a different standard of proof of guilt. A criminal case requires proof beyond a reasonable doubt, while a case before the Canadian Human Rights Tribunal requires proof on a balance of probabilities. That constitutes a big difference for victims and perpetrators of hate crimes.
As members know, O.J. Simpson was acquitted in criminal court because the prosecution was unable to prove beyond a reasonable doubt that he committed the murder. But he was found guilty in civil court, based on a balance of probabilities. The complaint process and the standard required to prove guilt differ in section 13 and subsection 319(2) of the Criminal Code. They have very different implications for victims of hate crimes. As the Canadian Human Rights Commission has already said, they complement each other and are not in competition.
The most important thing to point out here is that we must strive to live in a society without hate crimes or intolerance. The victims of hate crimes should not need the authorization of the Minister of Justice—who is partisan, I should point out—to go after the perpetrators of hate crimes. Furthermore, it is not always easy to prove guilt beyond a reasonable doubt in the case of hate crimes. That is why we need another mechanism outside the Criminal Code to ensure that visible minorities are able to defend themselves against hate crimes.
When will the Conservatives in this country realize that hate crimes are real and that the Minister of Justice should not have the power to decide which ones are real and which ones are not?
I urge my colleagues to vote against this bill.