Mr. Speaker, I will be sharing my time with the member for Nanaimo—Ladysmith.
Would anyone like to come visit the intersection of Sheppard and Bathurst in North York on a Sunday afternoon? Every Sunday, a group of thugs shows up at Sheppard and Bathurst in my riding. Most of the thugs cover their faces, and they chant “intifada”, a violent resistance, in protest of a peaceful rally in one of Canada's most Jewish communities.
Sometimes these thugs have a guy dressed and role-playing as Yahya Sinwar, the mastermind of October 7. October 7 was not just one of the worst terrorist attacks in modern history; it sparked global jihad, including here in Canada.
For Canada's Jews, this is a sobering moment. My friends, my neighbours, members of my synagogue and fellow Canadians are scared. Hate crimes against Jewish Canadians have more than quadrupled since the Liberals took office, but never mind the statistics. Two weeks ago, a woman was stabbed for shopping in a kosher section of an Ottawa grocery store. A father wearing a kippah was beat up in front of his children in a Montreal park. The Bais Chaya Mushka school for girls, which is a kilometre from where I live, was shot at three times.
What would Bill C-9 do to address this? It would do nothing, or worse than nothing. If passed in its current form, the Liberal hate bill could be weaponized against every Canadian.
I do not want to hear any lectures from the Liberals about anti-Semitism. I dealt with Soviet anti-Semitism, and I lived in Israel during the first intifada. I remember the suicide bombings of restaurants, hotels, markets and buses. There was deadly mayhem everywhere that was perpetuated by the Islamic Jihad.
What do Canada's Jews get from the Liberal government now? They get Canada's recognition of a terrorist state, on the eve of Rosh Hashanah, the Jewish new year, without preconditions. The Liberals should not dare lecture me about anti-Jew hate. They were thanked by Hamas not once, not twice, but three times.
There are enough laws on the books to stop this mayhem. It is already illegal to intimidate someone while physically blocking them from entering a facility. Hatred has been defined by the Supreme Court for 35 years, and we have settled on it. However, as we will hear in a moment, the legislation would water down that definition.
To willfully promote terror is to willfully promote hate. Despite the good work of our police heroes, the municipal, provincial and federal governments are refusing to protect Canada's Jewish community.
What do the Liberals propose instead? They come up with Bill C-9, which should concern every member of the Jewish community and every Canadian. The bill would repeal the requirement of the Attorney General's consent to lay hate charges. This could indeed simplify the process and reduce finger pointing, as we now see in Ontario between the Attorney General's office and the police, but the proposed repeal would also apply to private prosecutions. Vexatious informants would try to lay hate charges against political opponents every day, including, conceivably, against some members of this House.
The bill would create a chill on free speech. While the Crown could intervene to stay or withdraw such charges, the Crown might not take a position. Even if the Crown withdrew or stayed the charges, an informant would be able to appeal that by taking it to judicial review. Such persecution would cause distress to the alleged accused and result in legal fees, reputational risks and travel restrictions.
The bill must be amended so that the Attorney General's consent would be required for hate crime prosecutions started from private information.
What the Liberals propose is very dangerous, and I am rightly scared that political and ideological opponents would try to silence each other using criminal proceedings.
Another major concern is that the new stand-alone hate offence would apply to any offence under any act of Parliament, so an offence under the Canada Elections Act or under the Canada Labour Code could attract criminal prosecution. There is a significant risk of overreach, particularly in view of previous concerns regarding private prosecutions.
I got into politics by counting votes and studying elections law.
What if someday someone accuses a scrutineer of suppressing votes because of hate? Could they then be subjected to a criminal prosecution, including a private prosecution? If someone withheld wages contrary to the Canada Labour Code, should that give rise to a criminal prosecution if hate is alleged? We are talking about tacking on a criminal offence to non-criminal conduct. It is scary, and it is not necessary.
Finally, the government is seeking to dilute the definition of “hatred” as articulated by the Supreme Court of Canada. I do not understand why the Liberals are looking to lower the threshold for hate speech after 35 years of good common law. In Keegstra, the leading case on the definition of hatred, the Supreme Court defined hatred as “connotes emotion of an intense and extreme nature that is clearly associated with vilification and detestation.” In a subsequent case, Whatcott, the Supreme Court said that hatred is limited to the “extreme manifestations” of the words “detestation” and “vilification”. However, Bill C-9 defines hatred as “the emotion that involves detestation or vilification and that is stronger than disdain or dislike”.
The codification of hatred in Bill C-9 omits the words “connotes emotion of an intense and extreme nature”. It also omits the Whatcott alternative, “extreme manifestations”. Why? The effect is to lower the threshold for the definition of hatred, making it easier to convict of hate speech. This is another attack on free speech by the Liberals. It would not protect Jews or anyone, but it would place every Canadian at a greater risk of criminal prosecution.
This bill would lower the threshold for hate speech, couple criminal prosecutions with non-criminal proceedings, and allow private citizens to swear private hate information and lay hate charges without the consent of the Attorney General. In its present form, this bill is an assault on free speech.
As I said, I am a Canadian Jew. I would like the Liberals to insist on the enforcement of existing laws and not be thanked by Hamas every other month. They should go back and rethink the bill, and not make innocent Canadians fear being in legal jeopardy.