Inciting to Violence Against An Identifiable Group

"I am very interested in exploring [religious hate-speech defence] as an option because I think, frankly, we are seeing it used in this country and in other places as a defence that frankly does not stand the ground in these very difficult times."

"[I believe that universities' equity, diversity and inclusion strategies are] failing Jews in this country [because they don't make much mention specifically of antisemitism]."

"Certainly I think that it's something we've got to continue to examine [religious texts as a defence against promoting hatred and antisemitism]."

Deborah Lyons, Canada special envoy for combating antisemitism

Hundreds of pro-Palestinian demonstrators gather Thursday evening outside the fence where a student encampment is located on the University of Toronto campus. Those outside the fence waved phone lights in solidarity with protestors camped out behind the fence. (Mike Crawley/CBC)

 

"Often, religious people privatize their faith because they're afraid that if I speak about what I believe, in good faith, in the public square, I'm going to be cancelled, or I'm going to be shut down."

"In many cases, they've come here [refugees] because of the religious freedom we enjoy, and so to then say to those new Canadians in particular, 'Oh, by the way, you can't speak about your religion publicly for fear of being censured', I think that's a very bad message to send."

Reverend Dr. Andrew Bennett, public policy think tank Cardus

The idea of removing religion as a potential defence against hate speech charges is one that Canada's special envoy for combating antisemitism is "very interested" in exploring, even at the risk of creating a likely chill on religious expression. Ms. Lyons, who is also involved in preserving Holocaust remembrance, spoke before a parliamentary committee engaged in studying antisemitism on university campuses. The issue is one, she explained, she is in discussions with among officials at the Canadian Justice Department.

The issue has been brought to the fore by Jewish leaders, students and faculty having voiced concerns over a palpable and ever-growing increase in hate speech and violence that erupted in the wake of the Israel-Hamas war precipitated by the horrors inflicted on Israelis on October 7 when Palestinian terrorists flooded by the thousands into southern Israel, invading border farming villages and slaughtering well over a thousand Israeli men, women and children, laying waste to the kibbutzim and taking 250 infants, teens, women and men hostage back to Gaza.

Ms. Lyons was asked by Members of Parliament about the role that police and prosecutors play in laying hate speech-related charges; whether Criminal Code changes are seen to be required, pointing to a recent decision by Quebec prosecutors to not charge imam Adil Charkaoui of Montreal over statements he emitted during a prayer delivered at a demonstration in Montreal, leading to a complaint of threats and incitement of violence.

 

In a photo posted to his X account, Adil Charkaoui is seen watching over a pro-Palestinian march in Montreal. (Adil Charkaoui/X)

 

Charkaoui had called on God in Arabic to "take care of aggressor Zionists ... O God, don't leave any of them [alive]." A committee of three Crown attorneys found the evidence insufficient to prove beyond a reasonable doubt that his words represented an incitement of hatred toward an identifiable group, as the Canadian Criminal Code defines such.

Bloc Quebecois MP Rheal Fortin asked Ms. Lyons if she is supportive of his party's proposal to eliminate a section of the Criminal Code allowing the use of religious beliefs or a religious text as a defence against hatred and antisemitism promotion. The removal of religion as a defence to a hate speech charge appears, under present circumstances, to be a logical next move in successfully prosecuting incitements to violence, as can readily be determined by the crowds of Muslims chanting for the destruction of Israel and death of Jews.

BERLIN, 2023: The words “Never Again Is Now” are projected onto the Brandenburg Gate on the 85th anniversary of Kristallnacht. Paul Zinken—dpa/picture alliance/Getty Images