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Quebec politicians call for the end of protecting hate speech delivered under the guise of religion
Legal loopholes are protecting behaviours and speech that lead to discrimination and violence, says Quebec Justice Minister Simon Jolin-Barrette, who wants the religious exceptions for hate speech removed from Canada’s Criminal Code.
In a Nov. 27 letter to his federal and provincial counterparts, obtained by The CJN, he asked federal Justice Minister Arif Virani to criminalize hate speech delivered under the guise of faith, after criticizing the inaction of federal lawmakers following recurring outbursts in Montreal—which, he says, contributes to a toxic climate.
At issue are two lines in section 319, 3b and 3.1b, which state, “No person shall be convicted of an offence… if, in good faith, they 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.”
The exception provides a legal shield for radical extremists to encourage hatred and intolerance towards ethnic and religious groups, Jolin-Barrette wrote, or to disseminate racist, misogynistic or homophobic messages, “undermining our governments’ efforts towards peaceful co-existence.”
Jolin-Barrette insists the move is urgent and would not unjustifiably impede freedom of expression and the ability of individuals to express their religious beliefs. “On the contrary, this withdrawal would protect the rights and dignity of all Quebecers and Canadians, in accordance with the fundamental values of respect and inclusion that must guide us.”
One case that prompted the drive to amend the Code was Montreal imam Adil Charkaoui’s infamous speech at a demonstration in downtown Montreal three weeks after the Oct. 7, 2023, terrorist attacks on Israel. In front of thousands of supporters, he called on God to “kill the enemies of the people of Gaza and to spare none of them” and “take care” of “Zionist aggressors.”
That and other incidents since have raised awareness among many Canadians of the existence of the Criminal Code religious exception and raised in stark relief the barriers to prosecuting such behaviour, evidenced by Quebec prosecutors deciding not to prosecute Charkaoui for lack of confidence in a conviction beyond reasonable doubt.
A few weeks after that call to arms, Bloc Québécois leader Yves-François Blanchet tabled Bill C-367, An Act to amend the Criminal Code (promotion of hatred or antisemitism), which would simply repeal the clauses, but has been stalled since first reading. The uncertainty regarding the next parliamentary session amid the current turmoil of the Trudeau government and the legislative calendar makes the bill’s progress even more uncertain.
According to a February 2024 Léger poll of 1,529 Canadian adults, 66 percent of Canadians support Blanchet’s bill, while 75 percent of Quebecers are in favour, the highest number in Canada. The largest number of those opposed to the bill were in Alberta and Atlantic Canada, with 43 percent and 42 percent, respectively. Slightly more than a quarter (26 percent) of Canadians reported not being aware that the Criminal Code contains a section on hate speech, with Quebecers the most likely to not be aware (34 percent).
In Quebec, where rejection of religious dogma and exceptionalism has grown for decades, “secularism of the state presupposes equal treatment of citizens before the law, guaranteeing that it applies to all regardless of religious convictions,” Jolin-Barrette wrote on social media, adding the exception is incompatible “with the secularism and social values of the Quebec nation…. The federal government must not wait for further outbursts, it must amend the Criminal Code.”
Quebec’s opposition Liberals support its removal and his motion, which was adopted unanimously by Quebec’s National Assembly. The Quebec Conservative Party’s spokesman, Cedric Lapointe, says the growing demand to remove the protections is “excellent news—no one should be allowed to threaten or incite violence, regardless of their religious beliefs.… Adil Charkaoui should be charged with hate speech and imprisoned for publicly stating that all Israelis should be eliminated.”
The view of B’nai Brith Canada is that recent incidents demonstrate the exemption has been abused and allowed hate-mongers to escape prosecution for inflicting substantial harms which the wilful promotion of hatred provision was created to prevent. “By limiting the breadth of the conduct which is considered exempt under Section 319(3)(b), Parliament should ensure that the exemption is not being used as a way to circumvent prosecution.”
To see or hear peaceful demonstrations is always welcome, Blanchet told reporters on Dec. 4. “It’s normal, it’s part of democracy. It’s even more normal on university campuses. But we must not give in to hate speech or invitations to violence.” He pushed Prime Minister Justin Trudeau on the issue earlier that day in Parliament, stating, “I get the impression that the prime minister does not appreciate how serious the situation is…. The Jewish community in Canada and Quebec is afraid. Here and in Quebec, because of the federal government, people can incite violence against Jews with impunity.”
He says the “vast majority of Quebecers and the vast majority of Canadians” want the change. “There’s no strategic calculation, there’s no negotiation, we all want something done.”
When pressed by Blanchet, Trudeau responded that Conservative filibustering—with Bloc support—precluded meaningful debate or progress on many files, but then relented, stating the government is “very open to discussing, debating and moving forward on this issue. We recognize that there is no simple or easy solution to this.” Trudeau reiterated that Blanchet’s bill is only a partial solution, “but we must continue to work together. That is why we introduced Bill C‑63, which addresses online hate, protects our children and will be part of the solutions across the country to combat hate and discrimination, especially online.”
The government’s Bill 63 (the Online Harms Act), among other things, amends the Criminal Code with definitions of hate and other provisions, as well as the Canadian Human Rights Act, while putting much of the onus on digital platforms to assume responsibility for harmful content.
Blanchet told reporters the bill is very complex and he’s uncertain if his proposal should be folded into it. “There are elements where there is criminalization on the basis of intent that is very difficult to demonstrate, with very serious penalties that cannot be adopted as such. So we can’t say we’re going to put the law on religious exception inside that.” He would prefer, he says, to just remove the exception from the Criminal Code.
In a Dec. 3 open letter, Centre for Israel and Jewish Affairs vice-presidents Eta Yudin and Richard Marceau said the “good faith” proviso is problematic. “Can people spread hatred and incite violence while acting in good faith?” they asked. “Can one freely wish for the annihilation of a group while pleading that it was a simple prayer?” There should be a logical answer, they say, but “that is not how it works in Canada.”
“How can we imagine that the calls for murder that we have been hearing constantly in our ‘streets of peace’ for weeks are declarations of ‘good faith’?”
The exemption, they say, “often acts more as a deterrent to prosecution than anything else,” adding Canada’s image and the security of its citizens can be “undermined by this wait-and-see attitude.” Demonstrations in Montreal over the last 14 months have seen some promote “under the cover of ‘preaching’, calls for the death of ‘Zionists’, invocations of jihad and declarations of rallying to recognized terrorist organizations,” says the CIJA statement. “Where is the good faith here?”
The drive to amend the law is happening against the backdrop of a year of unprecedented hate expressed in cities across the country. Jews are the single most targeted group for hate crimes by a wide margin, especially after Oct. 7, 2023, Montreal police have reported.
According to the Service de police de la Ville de Montréal (SPVM), 310 hate crimes and incidents were recorded against the Jewish (230) and Arab-Muslim (80) communities, and 42 individuals have been charged with hate crimes since Oct. 7, 2023. The statistics follow a national trend. According to Statistics Canada, police-reported crimes against Jews across Canada numbered 900 in 2023, a 71-percent increase from 2022.
The most frequently reported hate crimes in Canada were directed against Jews, who, along with LGBTQIA2+ and Black Canadians, account for 19, 18 and 16 percent of hate crimes, respectively.
Abolition of the religious exemption is a key CIJA recommendation to better combat hate speech and speech glorifying terror, spokesman Julien Corona told The CJN. “This abolition must ensure that they are fully sanctioned. We cannot afford to tolerate words that promote the explosion of antisemitism and hatred in what are supposed to be our ‘streets of peace’.” Jolin-Barrette is showing leadership on this issue with this letter, says Corona. “It’s high time the federal government followed through.”
Mount Royal MP Anthony Housefather has supported removing the religious exemption for hate speech for years, telling The CJN, “I continue to support it, and I support the private member’s bill that has been put forward to do this.” The Canadian Conference of Catholic Bishops had no comment about Blanchet’s bill, but said members of its Permanent Council “are aware of the matter and are monitoring it closely.”
While Trudeau affirmed last year that Canada already has very strict rules against incitement to hatred, genocide and violence, CIJA posted on social media that the last 14 months in Montreal proves that is not the case.
“Condemnations are no longer enough. We need action.”
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Jewish leaders welcome Canada’s decision to convene a second national antisemitism forum
Just one day after Israel’s president Isaac Herzog called on Prime Minister Justin Trudeau to take “firm and decisive action” to combat the “intolerable wave of antisemitic attacks against the Canadian Jewish community”, the federal government announced on Dec. 20 it is convening a national forum on combating antisemitism.
Details are scarce, but the forum will take place in Ottawa in February 2025, under the direction of the justice department and the department of public safety. Political leaders from all three levels of government will be invited to discuss how to better coordinate the justice system and law enforcement and focus specifically on “the growing public safety threat of antisemitism,” according to a media release from the Department of Justice on Dec. 20.
“Canada has seen a troubling rise in antisemitic incidents, threats, and hate crimes,” the release stated. “The Government of Canada recognizes the urgent need for national leadership to ensure Jewish Canadians feel safe in their synagogues, schools, and communities.”
This announcement comes at the end of a turbulent week that saw Congregation Beth Tikvah Ahavat Shalom Nusach Hoari, west of Montreal, firebombed overnight on Dec. 18. It marked the second time since Oct. 7, 2023, that the Dollard-des-Ormeaux shul and adjacent Jewish school were targeted, as well as the West Island office of Montreal’s Federation CJA.
Then, on Dec. 20, in Toronto, the Bais Chaya Mushka girls’ school was attacked by unknown gunmen who opened fire at 2:30 a.m. into the front of the building. It was the third time this year that the school has come under fire. No one was injured in either incident.
Jewish leaders have been pressing Ottawa to do more than issue sympathetic statements condemning antisemitism. They want to address meaningful gaps in policing across jurisdictions, and to press police to better enforce existing laws. In 2023, there were 900 hate crimes against Jews reported to Canadian police; Jews were the target of 70 percent of all religion-motivated hate crimes.
However, many community leaders point out that there have been few prosecutions, and are decrying that many of the charges eventually get dropped. Weekly antisemitic and anti-Israel street protests continue in many Canadian cities. Canadian and U.S. federal authorities have recently foiled several terrorist plots involving suspects who were charged with planning attacks on Jews in Ottawa, New York and Richmond Hill, Ont.
Second antisemitism summit since 2021
The February forum is being convened less than three years after the first antisemitism summit was held in July 2021, in the wake of the brief Hamas-Israel war earlier that year. Canada’s first special envoy on antisemitism, Irwin Cotler, helped steer that day-long event, which was held virtually due to the COVID pandemic. The guest list was restricted at first to Liberal ministers and lawmakers.
Following that first summit, the Canadian heritage ministry promised a series of actions to combat antisemitism, and, as The CJN has reported, some of these have come into being:
- Boosting financial help for Jewish communities in the government’s next anti-racism action plan, which was launched earlier this year
- Adjustment of the Security Infrastructure Program, announced this year, to help Jewish places of worship, camps, schools and offices more easily afford to hire security guards, and fortify their security equipment
- Introduced an online hate bill, aimed at tackling hate speech on social media. It has not been adopted yet, due to concerns about infringement on free speech
- More money and staff for the work of the office of the special envoy to preserve Holocaust remembrance and combat antisemitism, including a new handbook on antisemitism, issued Oct. 31
- Funding to revamp the national Holocaust monument signage in Ottawa
- Hearings into antisemitism held on Parliament Hill, specifically looking at campus antisemitism
However, it has been more than a year since domestic antisemitism exploded in the wake of Oct. 7. The violence has cost the lives of more than 800 Israeli soldiers and thousands of Palestinians, including Hamas terrorists, in Gaza.
As of now, it appears that a Jewish Liberal MP from Montreal could play a key role in the summit. Rachel Bendayan, a lawyer who has represented the riding of Outremont since 2019, was named to the federal cabinet on Dec. 20. Aside from her new duties as minister of official languages, Bendayan was named associate minister of public safety.
While Bendayan’s office did not reply to The CJN by publication time, she said she was “honoured and humbled to be sworn in as Minister of Official Languages and Associate Minister of Public Safety,” in a post on social media. “Grateful to share this moment with my family. Ready to get to work.”
Her colleague Anthony Housefather took it as an important signal that Bendayan’s nomination came on the same day as the antisemitism forum announcement.
In July, Housefather, who has since repeatedly called for the Prime Minister to resign, was named special advisor to Trudeau on matters concerning the Jewish community and antisemitism. Housefather has been lobbying for this new summit, behind the scenes and publicly, for months.
“I will work very hard at this forum to push for immediate action and solutions across the levels of government and am gratified that my friend and colleague Rachel Bendayan is the new Associate Minister of Public Safety as her position will allow the Jewish community voice to be even more prominent in giving priority to the issue of anti-Jewish hate,” Housefather said in a statement to The CJN.
Housefather and the Centre for Israel and Jewish Affairs have been working with Special Envoy Deborah Lyons to get this new summit approved. As The CJN reported on Dec. 11, calls for the summit were growing louder in recent weeks.
However, according to Richard Marceau, a CIJA vice-president, a summit of words was meaningless unless such a forum focused specifically on policing, law enforcement and prosecutions.
“The forum’s ultimate value will be determined only by the concrete results that come from it,” said Marceau, adding that the values of all Canadians are at stake, not just for Jewish Canadians.
“Police need more resources and specialized training. Laws need to be enforced, charges need to be laid, and perpetrators must be fully prosecuted to end the domination of our streets by extremists,” he said. “And the glorification of terrorism must finally be made a criminal offence in this country. Through the Forum, we will push for these and other concrete measures—but what we won’t accept are photo ops and platitudes. Action to protect our community and all Canadians is long overdue.”
Ahead of Friday’s summit announcement, the other Canadian Jewish member of the federal cabinet, Ya’ara Saks, the minister of mental health and addictions, stood in solidarity outside the site of the Bais Chaya Mushka school in North York after it was shot at.
Saks told a media conference that no Jewish girl, including her own daughters, should have to wake up every morning and ask whether it is safe to go to school—although she didn’t give away any hints that such a summit announcement was imminent.
“The community has been very clear in what needs to be done,” Saks said. “We need all hands on deck, all heads coming together to navigate forward collectively, collaboratively and with one unified voice to ensure that the Jewish community stays safe.
“I am hopeful that we will all get together and do the right thing on behalf of the Jewish community.”
While full details of the new summit have not been released, its fate could be in jeopardy even before it begins.
Although Bendayan and the other cabinet ministers were sworn in officially on Friday, it is unclear how long the Liberal government will remain in power. Efforts are underway by the Opposition Conservatives and New Democrats to topple the government soon, either through a non-confidence motion when Parliament reconvenes on Jan. 27 or sooner. Conservative Leader Pierre Poilievre is asking the governor general to force Parliament to come back before sooner than Jan. 27.
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UN Extends Peacekeeping Mission Between Syria and Golan Heights
Fences are seen on the ceasefire line between Israel and Syria in the Golan Heights, March 25, 2019. Photo: REUTERS/Ammar Awad
The United Nations Security Council on Friday extended a long-running peacekeeping mission between Syria and the Israeli Golan Heights for six months and expressed concern that military activities in the area could escalate tensions.
Since a lightning rebel offensive ousted Syrian President Bashar al-Assad earlier this month, Israeli troops have moved into the demilitarised zone – created after the 1973 Arab-Israeli war – that is patrolled by the U.N. Disengagement Observer Force (UNDOF).
Israeli officials have described the move as a limited and temporary measure to ensure the security of Israel‘s borders but have given no indication of when the troops might be withdrawn.
In the resolution adopted on Friday, the Security Council stressed “that both parties must abide by the terms of the 1974 Disengagement of Forces Agreement between Israel and the Syrian Arab Republic and scrupulously observe the ceasefire.”
It expressed concern that “the ongoing military activities conducted by any actor in the area of separation continue to have the potential to escalate tensions between Israel and the Syrian Arab Republic, jeopardize the ceasefire between the two countries, and pose a risk to the local civilian population and United Nations personnel on the ground.”
Armed forces from Israel and Syria are not allowed in the demilitarized zone – a 400-square-km (155-square-mile) “Area of Separation” – under the ceasefire arrangement.
U.N. Secretary-General Antonio Guterres said on Thursday: “Let me be clear: There should be no military forces in the area of separation other than U.N. peacekeepers – period.” He also said Israeli airstrikes on Syria were violations of the country’s sovereignty and territorial integrity and “must stop.”
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Shots fired at Bais Chaya Mushka girls school for the third time this year
Bais Chaya Mushka, an elementary girls’ school in Toronto, was shot at early in the morning on Dec. 20, the third time the school has been targeted in the past seven months.
Shots were fired at the school in May and then again in October, on Yom Kippur.
Officers from Toronto Police Service’s 32 Division responded to reports of gunfire to discover six bullet holes in the building’s exterior. No one was inside the school at the time and no injuries were reported.
“It’s incredibly unfortunate that I stand here to discuss yet another shooting at this school,” Supt. Paul MacIntyre of the Organized Crime Enforcement Unit said during a press conference outside the school Friday morning.
Police have made progress in previous incidents at the school, MacIntyre said, stating that two people, a man and a youth, were arrested in connection with the October shooting, and a firearm was recovered. Investigators are now working to determine whether the latest attack is connected to those earlier cases.
“We’ve solved the second case, and the same teams are now working on this investigation,” he said. “With just a few days before Hanukkah, we know how deeply disturbing this is to the Jewish community. We will leave no stone unturned.”
Insp. Roger Desrochers of the Hate Crime Unit said hate crimes require “careful investigation” to determine whether they meet the threshold for charges under the Criminal Code.
“These matters are challenging. Not all offensive actions meet the threshold for criminal charges, and each case must be weighed carefully,” Desrochers said during the presser on Friday afternoon.
Rabbi Yaakov Vidal, principal of the school, said it was challenging to inform parents about the third shooting this year.
“It’s very, very difficult. It’s very, very hard to be woken up in the middle of the night with such news—and it’s now the third time,” Rabbi Vidal said at a press conference outside the school.
“We were not sure if we were able to have school here, due to the police investigation, then we were told it was possible to have school here. I was actually looking for a different location… Parents are very, very frustrated, very afraid to send their kids to school. I am aware of a few that did not send their kids to school today. We hope they once again feel safe to do so every single day, as they deserve.
The school had full-time security during the day when students were present, but overnight security was too expensive, Rabbi Vidal said. “We may have to do this at this point. We’ll have to see what our next step is.”
The recent violence has raised questions about police efforts to protect Jewish institutions. MacIntyre said police have ramped up patrols in recent months under initiatives like Project Resolute but emphasized that officers are also working to balance broader community safety concerns.
When asked whether Jewish institutions should consider armed private security, MacIntyre said he does not support the idea, adding, “We are here to support the community and will continue providing all available resources to ensure their safety.”
Parents picking up their daughters at school expressed both their concern and their determination as the school dealt with a third shooting.
One mother was on the verge of tears as she discussed her decision to send her child to school this morning.
“I don’t even know what to think anymore. It’s the third time. The cops are here, so I feel safe today, but the rest of the time I don’t feel safe,” she said. “These are little girls they’re trying to scare. These idiots should be thrown in jail, but they can’t seem to catch them.”
Her daughter, who suffers from anxiety now, made a grim joke about how easy it is to attack her school, the mother said. “This is my eight year old thinking this. She doesn’t watch violent things.”
Rabbi Yosef Hecht, a Chabad rabbi in Aurora, said he dropped off his two daughters at school this morning “with a very heavy heart,” especially since it was the third shooting.
“Did they catch the people? Do they know who’s behind this? Is it larger than what they are really telling us, is there something larger that we’re not aware of yet?” he asked.
But despite his concerns, he didn’t hesitate to send his children to school. “I felt the school did a good job repairing it temporarily. It shows that, no matter what, we are going to be resolute, strong, and this will just make us stronger and more proud.”
Local leaders call for action
At a press conference earlier in the day, politicians and leaders of the Jewish community were on hand to condemn the shooting and press all levels of government for more action.
The shooting came two days after a Montreal synagogue was firebombed for the second time since Oct. 7, 2023, the date of the Hamas terrorist attacks on Israel and the start of the war in Gaza.
“There are common-sense things that our leaders can do to deal with this problem right away. We need funding for police to get the job done and we need to put a stop to the extremism in our streets that’s inciting this violence. The time for our leaders to speak, to tweet, is over. Now it’s time for them to take action,” said Noah Shack, interim president of the Centre for Israel and Jewish Affairs.
“The fact is, this isn’t an isolated activity, whether it’s a synagogue being firebombed in Montreal or this school here that continues to suffer from gunfire in an effort to intimidate the girls that are here. There should be no daylight between the mayor of this city, the police of this city and the community that is facing this kind of threat day in and day out,” Shack said.
City councillor James Pasternak said Toronto police are stretched thin and need support from provincial police forces and the RCMP, and called for closer ties between elected officials and police forces.
“The police act forbids elected officials from directing police operations but the police act doesn’t stop us from nuance. We have to back up our police services, give them the political will to stop these roving mobs… that are inciting some of the violence that we are seeing in this neighbourhood and across the land,” he said.
Toronto Mayor Olivia Chow, who said in a statement that the shooting was “unacceptable,” was criticized by some Jewish community leaders for her weak stance on the antisemitism that has escalated in the city.
“Mayor Olivia Chow’s continued platitudes in response to antisemitic hate in Toronto ring hollow in the face of her permissive approach to this growing problem,” B’nai Brith Canada stated on social media.
“She has enabled an environment where such acts are allowed to flourish. Banal condemnations without concrete actions leave the Jewish community vulnerable and unsafe.”
Enough is enough. Antisemitism and antisemitic attacks have no place in Toronto.
The latest shooting at the Bais Chaya Mushka Elementary School is unacceptable. Once again students, families, and neighbours are waking up to safety concerns.
My office has been in contact with…
— Mayor Olivia Chow (@MayorOliviaChow) December 20, 2024
Michael Levitt, a former Liberal MP and now the president of the Friends of Simon Wiesenthal Center, who attended the press conference, also laid responsibility on Chow.
“We have not seen the mayor of the city draw a line through this type of activity and come out and be strong enough,” he said. “Sure, when shots are fired, but what about when all the other incidents have gone on? We need our mayor take a stand with the Jewish community and make it clear that keeping the Jewish community safe is a priority.”
MP Ya’ara Saks appeared at the press conference to expressed her support for the Jewish community. She pushed back on the suggestion that Prime Minister Justin Trudeau had not taken the issue seriously enough, pointing to increased funding for federal infrastructure grants, which can now be used for a wider variety of security resources.
This afternoon, the federal government also announced that a second national summit on antisemitism would be convened in February.
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