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Removing religion as hate speech defence worth exploring: anti-Semitism envoy

Bloc Qu茅b茅cois also looking to eliminate that section from Criminal Code
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Deborah Lyons attends a press conference, at the European headquarters of the United Nations (UN) in Geneva, Switzerland, Tuesday, Nov. 24, 2020. Canada害羞草研究所檚 special envoy for combatting anti-Semitism says she害羞草研究所檚 害羞草研究所渧ery interested害羞草研究所 in exploring the idea of seeing someone害羞草研究所檚 religion removed as a possible defense in the Criminal Code against hate speech charges. THE CANADIAN PRESS/AP-Valentin Flauraud/Keystone via AP

Canada害羞草研究所檚 special envoy for combating antisemitism is 害羞草研究所渧ery interested害羞草研究所 in exploring the idea of removing religion as a possible defence against hate speech charges, she said Thursday, raising concern about creating a possible chill on religious expression.

Deborah Lyons, whose title also includes preserving Holocaust remembrance, made the comment before a parliamentary committee that is studying antisemitism on university campuses.

害羞草研究所淚 am very interested in exploring (it) 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,害羞草研究所 she testified Thursday.

Still, Lyons said she is not ready to offer a final opinion on the matter, and is still discussing it with Justice Department officials.

Jewish leaders, students and faculty have for months been voicing concerns over an increase in hate speech and violence since the beginning of the Israel-Hamas war last fall.

Lyons said she believes universities害羞草研究所 equity, diversity and inclusion strategies are 害羞草研究所渇ailing Jews in this country害羞草研究所 because they don害羞草研究所檛 make much mention of antisemitism specifically.

Her office is working to develop better training to counter anti-Jewish discrimination, which she hopes institutions, including governments, will use.

Members of Parliament also asked Lyons about the role police and prosecutors play in laying hate speech related charges, and whether Criminal Code changes are needed.

They pointed to a recent decision by Quebec prosecutors not to charge Montreal imam Adil Charkaoui over comments said during a prayer 害羞草研究所 a scenario Lyons says she is discussing with the government.

The comments were delivered at a pro-Palestinian demonstration in Montreal, and led to a complaint alleging threats and incitement of violence, which was investigated by the RCMP.

Leading a prayer in Arabic, Charkaoui had called on God to 害羞草研究所渢ake care of aggressor Zionists,害羞草研究所 adding 害羞草研究所淥 God, don害羞草研究所檛 leave any of them.害羞草研究所

Last week the province害羞草研究所檚 director of public prosecutions announced that a committee of three Crown attorneys found the evidence insufficient to prove beyond a reasonable doubt that the words amounted to an incitement of hatred toward an identifiable group, as defined in the Criminal Code.

Using the case as an example, Bloc Qu茅b茅cois MP Rh茅al Fortin asked Lyons whether she supports his party害羞草研究所檚 proposal to eliminate a section of the Criminal Code that allows the use of religious beliefs or a religious text as a defence against the promotion of hatred and antisemitism.

The Criminal Code states that people shouldn害羞草研究所檛 be convicted of the willful promotion of hatred or antisemitism 害羞草研究所 defined as downplaying or denying the Holocaust 害羞草研究所 if, 害羞草研究所渋n good faith,害羞草研究所 they expressed an opinion 害羞草研究所渙n a religious subject害羞草研究所 or 害羞草研究所渂ased on a belief in a religious text.害羞草研究所

Fortin says his party wants to ban 害羞草研究所渆xceptions害羞草研究所 to hate speech based on religion.

害羞草研究所淐ertainly I think that it害羞草研究所檚 something we害羞草研究所檝e got to continue to examine,害羞草研究所 Lyons said.

Justice Minister Arif Virani害羞草研究所檚 office did not immediately respond to a request for comment.

He is already seeking to increase the punishments for existing hate-related offences 害羞草研究所 including increasing the maximum consequence for advocating genocide to life imprisonment 害羞草研究所 in the Liberals害羞草研究所 legislation against online harms, tabled back in February.

The stiffer criminal justice reforms have fallen under harsh scrutiny from critics, including civil liberty advocacy groups, who say it could stifle free speech. Justice officials say criminal charges would only be laid in the most extreme examples.

Removing religion as a possible defence to a hate speech charge would likely be welcomed by those who oppose religion, but would create 害羞草研究所済enuine fear害羞草研究所 for those who have deeply held religious beliefs about what they could say in the public square, said Rev. Dr. Andrew Bennett, who works at the public policy think tank Cardus.

害羞草研究所淥ften, religious people privatize their faith because they害羞草研究所檙e afraid that if I speak about what I believe, in good faith, in the public square, I害羞草研究所檓 going to be cancelled, or I害羞草研究所檓 going to be shut down,害羞草研究所 said Bennett, Cardus害羞草研究所檚 faith communities program director.

He says if a 害羞草研究所渃hill害羞草研究所 is placed on religious expression it risks marginalizing a sizable part of the population, including many new Canadians for whom 害羞草研究所渞eligion is not just some sort of cultural relic害羞草研究所 but 害羞草研究所渋nforms all aspects of society.害羞草研究所

害羞草研究所淚n many cases, they害羞草研究所檝e come here because of the religious freedom we enjoy, and so to then say to those new Canadians in particular, 害羞草研究所極h, by the way, you can害羞草研究所檛 speak about your religion publicly for fear of being censured,害羞草研究所 I think that害羞草研究所檚 a very bad message to send.害羞草研究所

Bennett said the debate raises questions of how hate is defined and what makes a hateful view 害羞草研究所渄ifferent from a peacefully-held opinion that someone might profoundly disagree with?害羞草研究所

In the case of Charkaoui害羞草研究所檚 comments, Marco Mendicino, a Liberal MP, said he found the call by Quebec害羞草研究所檚 Crown not to press charges against the imam 害羞草研究所渋ncomprehensible and deeply problematic.害羞草研究所

Charkaoui害羞草研究所檚 comments were 害羞草研究所減erhaps one of the most egregious offences that I have seen害羞草研究所 he told Thursday害羞草研究所檚 committee.

Mendicino, a former prosecutor who previously served as public safety minister, also cited other examples of demonstrators chanting offensive language, including glorifying Hamas害羞草研究所檚 Oct. 7 attacks.

He believes 害羞草研究所淶ionists害羞草研究所 fit the Criminal Code害羞草研究所檚 definition of an identifiable group, which refers to 害羞草研究所渁ny section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.害羞草研究所

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Stephanie Taylor, The Canadian Press

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