House of Commons Hansard #169 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was care.


Criminal CodePrivate Members' Business

7 p.m.


Chandra Arya Liberal Nepean, ON

Thank you, Mr. Speaker.

The Standing Committee on Justice and Human Rights has proposed amendments which I humbly accept. It is my understanding that the government will support the amendments to Bill C-305 that were passed as the proposed changes are consistent with our government's stated commitment to diversity and inclusion. The amendments would protect additional groups and ensure consistency with other provisions of the Criminal Code, and address over-breadth.

I am honoured to have received support from many religious and community organizations all across the country. Organizations representing the Jewish faith, the Islam faith, Sikhs, Hindus, and Christians have overwhelmingly supported Bill C-305. LGBTQ2 groups have also been strong supporters of this bill. It is my hope that this bill and, optimistically, soon a law can bring some peace of mind by acting as a strong deterrent against these acts of hatred.

Hate crimes happen in small towns and large cities. They involve everything from simple graffiti to brutal murders. They may be called hate crimes, bias crimes, civil rights crimes, or ethnic intimidation. All these crimes are committed because of race, religion, ethnicity, sexual orientation, or against other recognized groups.

Canada is an inclusive nation. We welcome people from all over the world, irrespective of race, religion, colour, or creed. Regardless of where people are from, what nationality they are, or what they believe, they will be treated with respect in Canada.

Although bigotry may be as old as humanity itself, the term “hate crime” is a new one, as is the idea of special treatment of these offences. The term “hate crime” came into common use during the 1980s, but the term is often used retrospectively in order to describe events which occurred prior to that era. From the Roman persecution of Christians to the Nazi slaughter of Jews, hate crimes were committed by both individuals and governments long before the term was commonly used.

We had certain dark episodes in our country: the Chinese head tax; the internment of Ukrainian, Japanese, and Italian Canadians during the First and the Second World Wars; our turning away boats of Jewish and Punjabi refugees; our own history of slavery; “No Irish need apply”; “We don't speak French here, so speak white”; the discrimination faced by Greek and Portuguese Canadians in Toronto and other places.

The same rhetoric that led to a “none is too many” immigration policy toward Jews in the 1930s and 1940s is being used to raise fears against Muslims today. There has been discrimination on the basis of sexual orientation and gender identity for a very long time. The Criminal Code once described gay men as “criminal sexual psychopaths” and “dangerous sexual offenders”.

In the 1960s, we deployed the RCMP to investigate suspected homosexuals. This discrimination still exists in Canadian society today.

While Bill C-305 would not solve every issue related to racism and discrimination, it would take important small steps in protecting those most vulnerable, strengthening the Criminal Code, and acting as a strong deterrent.

In my speech today, I will refer to an excerpt from the book Hate Crimes: Causes, Controls, and Controversies, by Phyllis Gerstenfeld. She writes that the birth of hate crimes in the United States was in 1977 when a neo-Nazi group called the National Socialist Party of America wished to hold a demonstration in front of the village hall in Skokie, Illinois, which had a huge, large Jewish population, many of whom were Holocaust survivors. One organization that paid special attention to this was the Anti-Defamation League of B'nai B'rith, a group that combats anti-Semitism and other forms of bigotry. Alarmed by increasing anti-Semitism and frustrated with existing federal and state laws, it drafted a model ethnic intimidation statute in 1981.

Together with allies, such as the National Gay and Lesbian Task Force, the National Institute Against Prejudice and Violence, and the Southern Poverty Law Center, it began lobbying states to pass the statute. When it was passed, the model statute contained four provisions. The first of these is institutional vandalism, aimed primarily at people who targeted cemeteries, community centres, and places of worship. Bill C-305 would also deal with this provision, with proposed amendments to the Criminal Code.

Hate-based mischief can have a long lasting impact on the community. A recent study by the Department of Justice stated that the commission of a hate crime is against not only the individual but the entire community. It quoted David Matas who said that people live in community, their Rights are exercised in community. The study further stated:

With victims of hate crime, it is important to consider that the impact on the community is particularly devastating, as hate crimes are “message crimes in that the perpetrator is sending a message to the members of a certain group that they are despised, devalued, or unwelcome in a particular neighbourhood, community, school, or workplace”.

As well, it is important to consider that the impact on the individual victim may result in the victim rejecting the aspect of themselves that was the target of the attack or associating a core part of their identity with fear, loss, and vulnerability.

Since introducing this bill eight months ago, there have been a considerable number of high profile hate-related incidents. Right here in Ottawa, hate-based motivated acts were committed against synagogues, a Jewish community centre, a rabbi's private home, mosques, and a church. Then there was the horrific shooting at a mosque in Quebec. Whenever these things happen, it is important for each and every one of us to stand up united to condemn these acts.

The intent of the bill is consistent with our commitment to ensure equal protection and equal benefit of the law without discrimination, in keeping with the charter. It is also consistent with a clear message that hate crimes will not be tolerated in Canada. Bill C-305 would take a strong step in making our neighbourhoods and communities a safer place to live. Think of the strong message we would be sending to all Canadians that not only select people but all people in Canada can feel safer knowing that Parliament has taken concrete and strong measures to protect them.

Once again, I would like to thank all members for their continued support of Bill C-305.

Criminal CodePrivate Members' Business

7:05 p.m.


Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I have one question. In other discussions in the House, the member for St. Catharines read into Hansard the definition of hate crime. The definition that he read said that hate crimes were actions that would incite violence against persons.

Would the member's bill change the definition of what a hate crime is to incorporate damage to property?

Criminal CodePrivate Members' Business

7:05 p.m.


Chandra Arya Liberal Nepean, ON

Mr. Speaker, Bill C-305 proposes to amend a subsection of the Criminal Code which deals with hate crimes against religious property. With the proposed amendments passed by the Standing Committee on Justice and Human Rights, that subsection would include hate crimes against religious properties and other buildings as well. The existing motivations have been expanded to include sexual orientation and gender identity.

Criminal CodePrivate Members' Business

7:10 p.m.


Anita Vandenbeld Liberal Ottawa West—Nepean, ON

Mr. Speaker, I thank my hon. colleague from my neighbouring riding for introducing this incredibly important piece of legislation that takes a very strong stand against hate crimes. I noticed in his speech that he referenced some of the deplorable acts of vandalism that have happened here in Ottawa.

Could the hon. member elaborate on how this bill would help prevent those kinds of acts in the future?

Criminal CodePrivate Members' Business

7:10 p.m.


Chandra Arya Liberal Nepean, ON

Mr. Speaker, under the current subsection of the Criminal Code, vandalism against the Jewish Community Centre is not covered.

Under Bill C-305, with the amendments that have been passed by the Standing Committee on Justice, vandalism against the Jewish Community Centre would be covered.

That was a major focus of this bill, to expand the definition of property to beyond places of worship. The current subsection in the Criminal Code is limited to places of worship only, but with this new bill it would be expanded to include schools, community centres, cultural centres, and those used mainly by these identifiable groups.

Criminal CodePrivate Members' Business

7:10 p.m.


Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Speaker, I thank our colleague for his commendable work on this very important file.

I had the privilege of sitting on the justice committee and looking very closely at this bill. A piece of evidence that we heard as testimony was of an older woman whose home had been vandalized. We heard about the effects this has on an individual and on a community.

Could the member please advise us how this bill would benefit and protect communities that are identified in this bill?

Criminal CodePrivate Members' Business

7:10 p.m.


Chandra Arya Liberal Nepean, ON

Mr. Speaker, this bill, as I mentioned earlier, expands the definition of property, and goes beyond places of worship, such as churches, temples, synagogues, and mosques, and cemeteries. The bill includes schools, community centres, cultural centres, and seniors residences which are predominantly used by identifiable groups. Through that, it would provide protection to the community at large.

Criminal CodePrivate Members' Business

7:10 p.m.


Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I am very pleased to rise in support of Bill C-305. I want to again take the opportunity to acknowledge my friend from Nepean for his hard work and his leadership in moving this legislation.

Bill C-305 seeks to amend section 430(4.1) of the Criminal Code, which relates to mischief against religious property. Section 430(4.1) of the Criminal Code makes it an offence for an individual to commit an act of mischief motivated by hate targeted at a place of worship such as a church, mosque, synagogue, or temple.

In addition to section 430(4.1), there is also a section of the Criminal Code that deals with mischief targeted toward general property. The reason section 430(4.1) was added to the Criminal Code to deal specifically with acts of mischief motivated by hate targeted at religious property was in recognition of the fact that such acts of mischief were different than acts of mischief to general property.

Take, for example, someone who sprays graffiti on the back wall of a restaurant. In such a case, the victim is the owner of the restaurant. Take the example of someone who sprays hateful graffiti on the back wall of a mosque or synagogue. That is an act that targets an entire community. It affects an entire community and it victimizes an entire community.

Bill C-305 would amend section 430(4.1) of the Criminal Code by expanding the categories of properties to not only include places of worship, but to include the likes of schools, community centres, and seniors residences. The expansion of these categories recognizes that mischief motivated by hate and targeted to people of a religious faith or a religious group often do not just take place at places of worship, but take place at religious schools, or religious community centres or religious seniors facilities. We have seen many examples of hate crimes that have been perpetrated against schools and community centres.

We saw a few years back the horrific fire bombing of the United Talmud Torah School in Montreal. More recent in Ottawa a string of mischief incidents were motivated by hate, which targeted a mosque and two synagogues, but also targeted a Jewish learning centre as well as the Ottawa Muslim Association.

Bill C-305 is good legislation. Its objective is laudable. It was why I was proud to speak in strong support of the bill at second reading. It is why I am proud to speak in strong support of Bill C-305 at this stage of the legislative process.

Bill C-305, upon passing the House at second reading, was referred to the Standing Committee on Justice and Human Rights, of which I am a member. As a member of that committee, I had an opportunity to study the bill in some detail.

Upon studying the bill, listening to the witnesses, and reviewing the evidence that was presented to the committee, I, along with the majority of the members of the justice committee, believed that in some respects Bill C-305, as originally drafted, was overly broad, inasmuch as it would apply not only to religious schools, religious community centres, and religious seniors residences but to all schools, all community centres, and all seniors residences. In my view, that would not be consistent with the purpose of section 430(4.1) of the Criminal Code, which was added to the Criminal Code in recognition of the fact that mischief motivated by hate targeted at religious property was a crime that was different, that was unique from mischief that targeted general property.

At the same time as finding that perhaps it was overly broad in some respects, I, along with the majority of the members of the justice committee, could not really see any logic as to why the section applied in cases of mischief targeted toward religious property but did not encompass similar acts of hate targeted at property associated with other identifiable groups. After all, when one commits mischief motivated by hate on a religious community centre, an ethnic community centre, or an LGBTQ youth centre, such acts of mischief are acts that target entire communities, affect entire communities, and victimize entire communities.

On that basis, the justice committee brought forward a few amendments to Bill C-305. As a result, Bill C-305, as amended, is, in some respects, narrowed inasmuch as it no longer applies to any school, senior centre, or community centre. However, at the same time, section 430(4.1) is expanded to encompass not just acts of mischief targeted at religious property but mischief targeted at property associated with any identifiable group, “identifiable group” being already defined in the Criminal Code.

I believe Bill C-305 would help send a strong message that hate crimes against any identifiable group would not be tolerated and that the perpetrators of such egregious crimes would be held accountable to the fullest extent of the law.

Once again, I thank the member for Nepean for his hard work and leadership, and I urge the passage of Bill C-305.

Criminal CodePrivate Members' Business

7:20 p.m.


Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I am pleased to rise once again to speak in favour of Bill C-305. I would like to echo that thanks to the member for Nepean for bringing this forward.

In the current climate in North America and around the world, where there has been a promotion of hatred against all kinds of groups, a promotion of hatred that has often led to violence, this is a very important expansion of protections in Canada. I do not normally support amending the Criminal Code piece by piece, but the urgency of the situation we are in right now means that we should do this as quickly as we can, so I am very pleased to see this moving forward.

As people know, there are only two very basic things here. The bill says that places that are included in the law against hate-motivated damage should be expanded to include things we would all agree on. Very few Canadians would say we should not protect day cares, schools, and universities. Why would we not protect all those groups that are listed as protected groups under the hate crimes legislation? I think, in many ways, it was an oversight, over time, that this mischief provision was not updated as other laws changed.

Of particular concern to me, as an advocate for the inclusion of transgender rights, is that the original version of the bill actually was not consistent with Bill C-16, so I am very pleased to see that it has come back with a coordinating amendment. I am confident that Bill C-16 will pass through the Senate, even though it has taken an inordinate amount of time for that to happen. The legislation to add gender identity and gender expression to the human rights code and the hate crimes section of the Criminal Code first passed this House in 2011. Here we are, six years later, still waiting for the Senate to add those important protections. Therefore, I am very pleased to see that the bill has that coordinating amendment.

When the bill finally moves in the Senate, and my understanding is that hearings are going to commence tomorrow at the Senate committee, we will look forward to this coming back, I hope, before the House rises and therefore in time for what is known colloquially as the Pride season. It will give some additional thing to celebrate at that time.

I hope this bill will also be expedited in the Senate, if we can get it there, and that it will deal with this one quickly as well.

There are some people, mostly younger than me, who would be surprised to know that the original version of the Charter of Rights and Freedoms did not include protection for sexual orientation, let alone gender identity and gender expression. As I have said before, I was not a supporter of the charter at that time, because there was a debate about the inclusion of my own rights in that charter. A decision was made by Parliament at that time, unfortunately, to exclude sexual orientation. At that time, there was not even a debate about gender identity and gender expression. We have come a long way, and I am here today to salute that progress and to salute the committee for making sure that this progress is reflected in this bill.

It is an unfortunate fact in Canada that hate crimes that result in violence are most often directed at first nations people and transgender people. These are the two groups with the very highest rates of hate-motivated violence, so the bill would be of assistance in helping protect the community places where we would expect to find first nations people and transgender people in a safe place. It would help enhance that safety, which is so important.

I wish it were not true, but I know from the Victoria Native Friendship Centre, which is in my riding, that hate crimes, hate-motivated violence, and even hate graffiti often appear at their community centre. That is a great surprise to me. I do not think of my riding as one where hatred is that strong and where people are that disrespectful of other members of the community, especially the Native Friendship Centre, which is a centre where people who are trying to better their lives go. It focuses on adult education and employment programs. It is a very positive place in all those ways, so it is particularly upsetting when I see those attacks on a place like that.

While we originally started with churches that often do that positive work in our community, it is very appropriate that we expand it to these other places that often make such a positive contribution in all of our communities.

I thought a bit about what I was going to say tonight, and I was not going to go to the obvious place when we talk about the promotion of hatred, which is south of the border. I have to say, however, that in this connection there is an unfortunate spillover into this country. People talk to me about their fears and concerns. They talk to me about things which are not problems in the community which I represent. There are things that they see and hear coming from the United States, and this often has motivated people to be fearful, for instance, currently of refugees.

I had the privilege of meeting earlier today with a coalition of groups that support gay and lesbian transgender refugees from around the world. We talked about the group that has crossed irregularly into Canada. Anecdotal evidence tells us that around 40% of those who have crossed irregularly between the borders are from the LGBT community. Why are they doing that? The Conservative Party has taken a strong stance against the illegality of those crossings, but I argue strongly, as many others do, that under international law those are not illegal crossings. These people are fleeing violence and hatred in the United States. Talking to them about their experiences, especially those who are people of colour, they tell us they have become fearful of living there, and they see Canada as a place where they can find safe refuge.

This legislation illustrates the best of what is Canadian, and why people are attracted to come to this country. They want to find a safe haven. They want to be able to integrate into Canadian society, and make a contribution which will allow them to support themselves and their families. I was pleased to sit down at this meeting today and talk about those kinds of successes.

The Liberals quite rightly raised the goal of having 25,000 Syrians come to this country. In my riding, what was most impressive was how people with no particular connection to Syria stepped forward. They were not Muslims necessarily, and they were not from the Middle East. They did not have any particular reason to step forward, but as Canadians they felt that they should do their part. Many were from families that had immigrated to Canada, some of them from refugee families in previous generations, Hungarians and other people who had fled their homeland. It was so encouraging to see those people step forward and sponsor refugees. When the deadline elapsed saying they were no longer sponsors, there were no examples in my community where those ties that had been built under that refugee sponsorship program were broken.

There is some disappointment among those sponsors and with those in the community who see refugees as threats, and as bringing terrorism into the country. These refugees are fleeing terrorism and extremism, and they have come to Canada because, as the bill says, we are a tolerant country. Canada is a country which will not tolerate hatred and violence focused on religious, racial, sexual orientation, or gender identity grounds.

This is one of those cases where Canada has made progress, but we are not done. We have more to do. If the impact of this legislation is to expand those safe spaces for doing that positive work in our communities, then it has done a great thing. Without the member for Nepean bringing this legislation forward, we would have missed an opportunity to build a better and more inclusive Canada.

I look forward to this legislation making its way to a final vote here in the House and going to the Senate. I was asked, in relation to Bill C-16, to explain to a reporter how things get through the Senate. I said that, unfortunately, I cannot do that, and I am not sure there is anyone who can do that right now because there is a bit of chaos in the Senate over rules and how things proceed.

However, I am going to launch that plea again tonight, that when this legislation gets to the Senate that it be treated in a fashion that expedites its passage, so that we can have this in place as soon as possible, and give yet another symbol of what an inclusive country this is, and how we will stand up for people's rights and make them safe everywhere in our communities.

Criminal CodePrivate Members' Business

7:30 p.m.

Eglinton—Lawrence Ontario


Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is a privilege to rise to speak to Bill C-305, an act to amend the Criminal Code (mischief) as reported back to the House of Commons with amendments.

I want to begin by commending the sponsor of the bill, my colleague, the hon. member for Nepean. I also want to take a moment to thank the members of the Standing Committee on Justice and Human Rights for their dedicated work. I also want to commend the hon. member for Esquimalt—Saanich—Sooke for all of his passionate advocacy over the years for the LGBTQQ community, and in particular for the transgender community, without which I do not believe we would be at this historical moment.

Allow me first to set the bill in the context of recent past events. As has been mentioned recently in the House, in January of this year, six people were murdered in a Quebec City mosque, an event that shocked and appalled the nation. In Ottawa there has been a troubling spike in the incidents of hate graffiti on synagogues over the past several months. Such incidents should cause us as legislators to consider how we wish to confront and prevent the commission of hate crimes in our society.

Bill C-305 is an important response to strengthen the ability of the criminal law to adequately denounce and deter hate crimes. It proposes to expand the scope of the current hate-motivated mischief offence now found in subsection 430(4.1) of the Criminal Code. That provision, entitled “Mischief relating to religious property”, currently prohibits mischief committed against buildings or structures primarily used for a religious purpose, such as a church, mosque, synagogue, or cemetery. The offence must be committed out of hatred, prejudice, or bias based on religion, race, colour, or national or ethnic origin.

The current provision carries a maximum punishment of 10 years of imprisonment when prosecuted by indictment and a maximum penalty of 18 months in jail when prosecuted by way of a summary conviction.

The Criminal Code presently has a sentencing provision to address hate crimes. Subparagraph 718.2(a)(i) of the code requires a judge to take into consideration as an aggravating factor for any crime whether the crime was motivated by bias, prejudice, or hatred. This is based on a non-exhaustive list of criteria, including religion, race, colour, national or ethnic origin, mental or physical disability, sex, sexual orientation, or any other similar factor.

Some may argue that given these existing provisions, there is no need to expand the offence of hate-motivated mischief any further, since what is not caught by current subsection 430(4.1) would be addressed at the sentencing stage when the judge must take into consideration whether the offence was motivated by hatred. However, I believe this is an overly narrow interpretation of the law as it stands, and we have an opportunity as legislators to address this.

I acknowledge that judges may rely on the existing sentencing provisions to account for hateful motivation, but I believe that by expanding the actual offence of hate-motivated mischief, we have an opportunity to send a strong message of condemnation to those who would commit such crimes.

Denunciation of this type of offence is not merely symbolic. Hate-motivated mischief carries a heavier maximum penalty on summary conviction than the general offence. In addition, by showing leadership on this troubling issue, we stand to raise public awareness in a real and impactful way.

As a result, while some may perceive a redundancy, others will recognize the benefit of providing a broader range of tools to our police, prosecutors, and other criminal justice professionals and, I would add, justice for victims of this particular type of crime.

I will now address the specific changes proposed in Bill C-305 as well as the amendments passed by the Standing Committee on Justice and Human Rights.

As I noted earlier, the existing offence under subsection 430(4.1) of the code applies only to mischief committed against religious property. While this is one category of property that deserves special recognition, I believe that a broader diversity of Canadians stand to benefit from an expanded application of this section.

Bill C-305 addresses this issue head-on by amending the current hate-motivated mischief offence in two ways. First, the bill proposes to include new buildings or parts of buildings primarily used as educational institutions, including a school, day care centre, or college or university; used for administrative, social, cultural, or sports events or activities, including a town hall, community centre, playground, or arena; or used as a seniors residence.

Upon passage of this bill, therefore, vandalism committed against a Jewish or Muslim community centre would be caught by the expanded hate crime mischief offence and not just vandalism committed against a synagogue or a mosque.

I should note that a major concern for our government was expressed during the debate at second reading. The concern was that the definition of property that it proposed to add to the current offence was overly broad. The list of new properties caught by the bill appeared to be much broader than we believe was intended. For instance, the bill would have likely covered privately owned sports stadiums, as well as any buildings used for social purposes. In other words, it would have covered buildings that have no real connection to groups that are historically targeted by hate-based mischief. As a result, the government felt this aspect of the bill reached too far.

I am pleased to say that this issue was addressed by the standing committee during its study of the bill. Specifically, amendments passed by the committee require a building or space to be “primarily used” by one of the groups protected by the bill. This helps maintain a rational connection between the hateful motivation and the building that is subject to the mischief.

The amendment will help to ensure that subsection 430(4.1) does not accidentally capture instances of mischief committed against property that is not actually connected with one of the protected groups.

The bill proposes to expand the list of “identifiable groups” that are covered by the mischief provision of the Criminal Code to make it more consistent with the groups set out in the section on hate propaganda offences.

The definition of “identifiable groups” for hate propaganda offences covers not only groups that are identifiable by colour, race, religion, and national or ethnic origin—the motivations currently set out for hate-based mischief—but also those identifiable by age, sex, sexual orientation, and mental or physical disability.

Bill C-305 seeks to eliminate that inconsistency by establishing a list of motivations for hate-based mischief that is similar to that set out in the definition of “identifiable groups” under the hate propaganda section of the Criminal Code. In other words, the motivations of age, sex, sexual orientation, and mental and physical disability would be added as motivations for hate-based mischief as soon as the bill is passed.

It is important to note that Bill C-305 proposes adding another item to the list of motivations for hate-based mischief that depends on the passage of Bill C-16 by both the House and the other place.

My colleagues may recall that Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, an act to amend the Canadian Human Rights Act and the Criminal Code, proposes adding gender identity and gender expression to the definition of “identifiable groups” for hate propaganda offences.

My colleagues will also recall that, although Bill C-305, as introduced at first reading, proposed adding gender identity to the list of motivations for hate-based mischief, gender identity was not addressed in the bill. The sponsor of the bill recognized that this was an oversight. The amendments proposed by the standing committee corrected that omission.

As a result, once Bill C-16 comes into force, an act of mischief committed against property primarily used by a group identifiable on the basis of its gender identity where the mischief was motivated by hatred based on gender identity would be caught by this expanded offence.

To summarize, Bill C-305 would expand the current hate crime of mischief to clearly denounce additional types of mischief motivated by hatred against certain historically marginalized groups. It would therefore provide additional tools to our criminal justice system to protect Canadians from hate-motivated crime.

I would once again like to thank the sponsor for his outstanding advocacy on this issue, as well as the standing committee for its excellent work on Bill C-305. I sincerely hope that the hon. members of this House continue to support Bill C-305 in order to more fully protect the diversity of communities in our Canadian society.

Criminal CodePrivate Members' Business

7:40 p.m.


Rachael Harder Conservative Lethbridge, AB

Mr. Speaker, it certainly is a privilege to stand in the House and to have the opportunity to speak in support of Bill C-305, an act to amend the Criminal Code (mischief).

I appreciate the opportunity to contribute to the discussion that is already taking place in the House today because I believe this is a very timely issue and it is one that impacts Canadians as a whole.

The bill addresses a current injustice when it comes to sentencing for crimes that are motivated by hate in Canada. Currently, if an individual is convicted of mischief, which is a fancy word for vandalism, against a place of worship, the maximum penalty for that is 10 years. However, if the same individual were to vandalize a religious school, or a religious recreational centre or a religious day care, the punishment for that same crime would only be two years in prison.

This is the exact same crime and it is motivated by hatred for an identifiable group, but the penalty is dramatically different.

Canada is a religiously plural and multicultural society. It allows its citizens to live out their lives according to their conscience, their beliefs, their values, yet throughout its history, Canada has experienced a regrettable number of anti-Semitic and racist acts of vandalism.

The recent and tragic events that took place in Quebec City not too long ago with the Muslim community and then in Toronto with the Jewish community remind us of the severe impact the manifestation of hate can have on the lives of Canadians.

Fundamental human rights and freedoms are infringed upon when hateful acts interfere with the ability of those of diverse faiths, origins and political affiliations to live out their convictions according to need. While race, ethnicity, and religion remain the most common motivators for hate-based crimes, Statistics Canada indicates that such acts of mischief are not limited to these groups. Hate crimes have also been directed toward those of different sexual orientation, those of a different political belief, or those perhaps with a mental or physical disability.

In a country that values both tolerance and respect, the fact that only those crimes which are carried out on religious property are indictable under section 430 of our Criminal Code is unacceptable.

Hate crimes affect a broad range of Canadian citizens, not just those within these religious organizations. A church community may meet in an old movie theatre, or it might even choose a recreational centre or a school. Therefore, it is possible then that hate crimes or vandalism, mischief, could then be committed against these properties.

Parents may also choose to send their children to a day care that is religious in nature because of their beliefs and values. At present, these properties do not benefit from the same protections under the Criminal Code. This is why I support the amendment brought forward today.

To fight to protect religious freedoms is a fight that we in our capacity as parliamentarians have the duty to address and to promote. While the damage of vandalism is generally minimal, the impact hate motivated crimes have on the targeted population is often absolutely devastating.

In 2014, over half of the hate crimes committed in Canada fell into what was known as the mischief category. This was 523 of the 1,170 crimes that were committed. That is a huge number. It is clear this legislation applies to the majority of hate crimes that take place within our country. Who are the targets of these attacks?

In Toronto, incidents of hate motivated crimes increased by 8% in 2016 alone. That is a significant change. Within that, Jews are the single most targeted group for the 12th year in a row. The Toronto Police Service 2016 Annual Hate Bias Crime Statistical Report also revealed that Muslims were the target of hate crimes at about half the rate that Jews were, so making up a significant portion of that population being discriminated against.

I find this very concerning. It is again the reason why I am standing in support of this legislation going forward.

Jews make up only 3.8% and Muslims only 8.2% of Toronto's entire population, but these two communities were the victims of more than half of all the hate crimes committed within the city. Across the country, the statistics generally fall into a similar pattern. We see the same thing when we look from one city to the next.

In addition, with members of the Jewish community being the target of most attacks, we also see significant attacks that are brought against Muslims, those who are black, the LGBTQ community, and those with disabilities. These numbers are horrifying. I would argue as well that they are not just horrifying but, together, they are an attack on our identity as Canadians.

Our Canadian identity is based on the idea of many peoples joining together toward a common purpose. Hate crimes against an identifiable group, often minority groups, attack this central principle of unity on which so much of Canada is built.

These crimes are intended to make a community of people feel excluded from being Canadian. Therefore, in order to protect the many diverse communities spread across our vast and beautiful country, we must take action. We must increase the protection that is available to those who find themselves victim to these hate crimes. To do any less would betray Canada's history, the history that we have fought for with respect to having a common and shared identity.

Given the recent history in the House and the political games the government has played with the Islamophobia motion as of late, I would like to speak to the difference between protecting freedom of speech and supporting the bill before us today.

One of the fundamental freedoms we enjoy in Canada is freedom of speech. Our constitution, the Bill of Rights, and our Criminal Code give the maximum latitude when it comes to freedom of speech. The only limits that can be placed on free speech, according to the Criminal Code, is if the speech wilfully promotes hatred against an identifiable group, or where such incitement is likely to lead to a breach of the public peace. In other words, unless people are focusing their hate on one group, to the point of encouraging violence against it, they have not actually broken the law.

However, even within this provision there is an exemption for criticism of religion. The Criminal Code states that a person is not guilty of hate speech if “in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text...”

Our law is very clear. Debating the merits of one's religion is not in fact hate speech. However, focusing hate on an ethnic group and encouraging people to attack it clearly is. This is the distinction: words versus actions.

I fully support the bill going forward, because whether someone has a difference of opinion on religious grounds, there is no justification whatsoever for physically attacking a person or a property that belongs to a person who holds differing beliefs. Canada was founded on the idea that we are rational human beings and that our differences of opinion actually strengthen democracy rather than hinder it. We believe the testing of our beliefs and our values by the diverse traditions of the people who make up Canada ensures the preservation of our democracy. This is why it is so alarming to see the limits being placed on free speech on university campuses across our country right now.

Furthermore, it is why the Liberals' poorly-defined Islamophobia motion was so incredibly misguided. Their motion could take away the freedom of Canadians to debate the merits of religious ideas, about which I am very concerned.

As an alternative to Motion No. 103, the Conservatives put forward a well-balanced and inclusive motion that focused on condemning acts of systemic racism against all religious communities and not just one. Given the Liberals' love for the charter, one would expect them to understand the difference between religious ideas and religious communities.

The bill before the House right now, Bill C-305, closes a gap that currently exists within our Criminal Code. I believe it is absolutely necessary for the Canadian public going forward. Hate crimes are absolutely disgusting. They go against our shared identity as Canadians. Increasing the possible sentences for those who commit such crimes is entirely worthy of the House. These provisions will continue to protect the freedom of speech that Canadians currently enjoy, and they will enhance religious freedoms by providing a stronger disincentive to commit hate crimes.

Criminal CodePrivate Members' Business

7:50 p.m.


Anthony Housefather Liberal Mount Royal, QC

Mr. Speaker, I am pleased to congratulate my colleague from Nepean for introducing this bill, which was examined by the Standing Committee on Justice and Human Rights.

With the goal of ensuring that we can complete debate within this hour, I will be very brief in my remarks.

As chair of the Standing Committee on Justice and Human Rights, I want to say how important this bill is. The member for Nepean took incidents in his own community of vandalism against community centres—a Jewish community centre, a Muslim community centre—and saw that there was an opening in the law, a hole in subsection 430(4.1) of the Criminal Code creating offences for hate-motivated mischief. He saw that the law currently covered only churches, synagogues, mosques, and other religious institutions. He said that it had to cover more. It had to cover community centres, schools, and seniors centres.

One of the reasons I wanted to speak was to highlight the co-operation of the member, all the witnesses, all the members of the standing committee, and the government. We have had in the House a lot of times when we have not worked together well, but in this case, we did. We on the committee felt that the member's draft bill went too far in the number of buildings that were included. It would have included city halls, public schools, and arenas. We thought the government's position was too narrow. It only wanted to include religious buildings: Jewish community centres, Muslim community centres. We heard from witnesses and understood the reason we needed this law to apply to communities beyond religious-based communities. The black community centre needed to be protected. The LGBTQ community centre needed to be protected. We needed to ensure that if a black community centre was attacked, it would be covered, or if a LGBTQ community centre was attacked, it would be covered.

In the end, the committee said it would include any building primarily used by one of the identifiable groups. We ended up with consensus. The Liberals, Conservatives, and NDP members on the committee all supported the way the law was redrafted. In the end, to me, this was an example of how the House should work, harmoniously and with us listening to each other.

I am proud to have chaired the committee that brought this back to the House. I am proud that the member and the government support our amendments. This is a great example of how Canada can work together.

Criminal CodePrivate Members' Business

7:50 p.m.


Chandra Arya Liberal Nepean, ON

Mr. Speaker, I would first like to thank my hon. colleague from Brampton South for her support throughout the process. I would also like to thank the hon. member for Mount Royal, the chair of the Standing Committee on Justice and Human Rights, and all committee members who worked hard and delivered a bill that is more robust.

I am honoured to have received support from many religious and community organizations all across the country, organizations representing the Jewish faith, the Muslim faith, Sikhs, Hindus, and Christian faiths. They were all supportive. LGBTQ groups have also been a strong supporter, and it is my hope that this bill will soon become law and bring some peace of mind. In particular, I would like to recognize the support I received from the Centre for Israel and Jewish Affairs, which worked hard to generate support from various stakeholders.

The consequences of hate crimes are considerable. A manual issued by the Attorney General of Ontario lists the impact of hate crimes on individuals, target groups, vulnerable minority groups, and the community as a whole. It says, on the impact on the community as a whole:

This, perhaps, is the greatest evil of hate crime. Hate crime can end up dividing people in society. In a multicultural society like Canada, where all groups are to live together in harmony and equality, hate crime is an anathema. Any occurrence of hate crime is a negation of the fundamental values of Canada.

Bill C-305 would codify the intent of this House into law. It would send a strong message to all Canadians that we stand united against hate crimes.

Once again, I would like to thank every member of the House who has, so far, unanimously supported this bill.

Criminal CodePrivate Members' Business

7:55 p.m.


The Assistant Deputy Speaker Liberal Anthony Rota

Is the House ready for the question?

Criminal CodePrivate Members' Business

7:55 p.m.

Some hon. members


Criminal CodePrivate Members' Business

7:55 p.m.


The Assistant Deputy Speaker Liberal Anthony Rota

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Criminal CodePrivate Members' Business

7:55 p.m.

Some hon. members



Criminal CodePrivate Members' Business

7:55 p.m.


The Assistant Deputy Speaker Liberal Anthony Rota

All those in favour of the motion will please say yea.

Criminal CodePrivate Members' Business

7:55 p.m.

Some hon. members


Criminal CodePrivate Members' Business

7:55 p.m.


The Assistant Deputy Speaker Liberal Anthony Rota

All those opposed will please say nay.

Criminal CodePrivate Members' Business

7:55 p.m.

Some hon. members


Criminal CodePrivate Members' Business

7:55 p.m.


The Assistant Deputy Speaker Liberal Anthony Rota

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 98, the recorded division stands deferred until Wednesday, May 10, 2017, immediately before the time provided for private members' business.

A motion to adjourn the House under Standing Order 38 deemed to have been moved.

Child CareAdjournment Proceedings

May 3rd, 2017 / 7:55 p.m.


Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, there should be no question about what we need to do to advance child care in Canada.

We need a universal child care system that is national, so all families have equal access; affordable; and with quality care. It is the smart and responsible thing to do. The cost of child care in large cities rose almost 10% in the last two years, sometimes as high as $1,700. My sister paid more for child care than for rent.

Canadian families need action now. There is no doubt child care is essential to getting women into the workforce. Dr. Pierre Fortin, professor of economics at the Université du Québec in Montreal, told the status of women committee last month the Quebec child care system increased the number of women in the workforce by 70,000 in 2008.

In my riding, women's groups, student unions, and community child care centres all agree, accessible and affordable child care is absolutely necessary, so that women can go to work, attend school, and live in safety. As Supreme Court Justice Rosalie Abella said, “Child care is the ramp that provides equal access to the workforce for mothers.”

If that were not reason enough, universal child care is good for the economy. Professor Fortin studied the Quebec child care model, and concluded there is no net cost to taxpayers. In fact, he calculated that in 2008, the provincial and federal governments got a surplus of $900 million from the universal child care program in Quebec. The economic benefits of universal child care could also be felt in other provinces.

Economist Robert Fairholm predicts that the $10-a-day child care plan proposed by the B.C. NDP in this current election would create 69,000 jobs, and will make enough revenue for the government to build and operate the child care system.

Investing in child care will also create good jobs for those who work in the child care sector. Last week, I heard from day care operators in my riding that they cannot pay the early child care educators what they need to make a good wage. That is unjust to the women educating our children, and means they often have to leave the field, which is disruptive to children in their care.

Parents cannot afford to pay child care fees that are any higher, so the government must act to invest in a system with fair wages for early childhood educators.

If the federal government is unsure about what action on child care should look like, the Liberals can look to models that already exist in Canada. In Quebec, the universal system of low fee child care is a real success, providing quality care for children, and helping women get back to work.

My province of B.C. used to have a universal provincial child care system. It was cancelled by the B.C. Liberals when they first took office in 2001. The B.C. NDP has pledged of $10-a-day child care which would have real economic benefits.

This week, the Alberta NDP government launched its $25-a-day child care, which parents and working mothers say is just what they need to balance child care costs and work.

Access to affordable child care is what is needed to lift people out of poverty, and to make sure that women can get to work. It is time for the government to take leadership on child care. Why is the government not keeping its child care promise to Canadian children, women, and families?

Child CareAdjournment Proceedings

8 p.m.

Acadie—Bathurst New Brunswick


Serge Cormier LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, I would like to start by thanking the hon. member for Nanaimo—Ladysmith for raising, in the House, the important question of child care in Canada, particularly the high costs in certain regions.

Studies show that the affordability and quality of day care available for young children has an impact on the participation of parents in the labour force and on the development of children. I am sure that my colleague is perfectly aware of the efforts our government is making and will continue to make to help the middle class and those working hard to join it. I would like to remind her of some of those measures.

First of all, let us settle the issue of the Canada child benefit. On December 12, 2016, in her question for the Minister of Families, Children and Social Development, my colleague claimed that the Canada child benefit will lose its value by 2021. She also said that the government was breaking its promises and letting our children fall through the cracks. Nothing could be further from the truth.

In response to her question, the minister pointed out that the new Canada child benefit would help lift half a million Canadians out of poverty. He also reminded her of our recent announcement that the benefit would be indexed starting in 2020-21. The purpose of that is to guarantee that the real value of benefits paid to Canadians will not be eroded over the long term by the rate of inflation.

As far as early learning and child care is concerned, the minister also said that over the next few months we will be launching a new framework for early learning and child care to answer questions on the affordability and quality of child care services. In budget 2017, we are proposing to invest $7 billion over 10 years, starting in 2018-19, to support and create better quality, flexible, fully inclusive, and affordable child care spaces across the country.

Part of that investment will be used to improve access to early learning and child care spaces that are culturally appropriate for indigenous children, whether they live on or off reserve. Over the next three years, these investments could increase the number of affordable child care spaces for low- and modest-income families by supporting the creation of as many as 40,000 subsidized spaces. They could also make the return to work more affordable for parents by allowing thousands of parents to rejoin the workforce once the cost of child care is reduced.

Part of this $95-million investment will be used to address data gaps in order to better understand what is involved in early childhood education in Canada and monitor progress. What is more, $100 million will be allocated to innovation in early learning and child care.

These investments build on the initial investment of $500 million announced in budget 2016 for early learning and child care to deliver on this framework. That includes $100 million to enhance indigenous early learning and child care. We have already entered into discussions with the provinces and territories regarding the development of the framework.

We will also consult with our indigenous partners in order to develop a separate framework for indigenous early learning and child care that will reflect the unique cultures and needs of the children and families of first nations, Inuit, and Métis communities across Canada.

The government will work in co-operation with provinces, territories, and indigenous partners to provide help to families most in need. It is important to note that once they are in place, the framework will offer all the necessary flexibility to support Canadian families to have access to affordable, high-quality and truly inclusive child care, regardless of where they live in Canada.