CHANDIGARH: Nearly a year after pro-Khalistan protestors violently attacked the Hindu Sabha Mandir in Brampton, a new bill has been tabled by the Canadian Government to combat hate crimes targeting identity groups including those based on religion.
Amid rising cases of anti-semitism, islamophobia, homophobia and transphobia, the Minister of Justice and Attorney General of Canada Sean Fraser recently introduced the Combating Hate Act. The legislation intends to amend the Criminal Code to make outlaw intimidation and obstruction of people who want to access schools, community centres, places of worship and other places of community gathering. The legislation also makes hate-crimes a specific offence and ensures that offenders are held accountable.
This would include, for example, deliberately blocking doors, driveways, or roads that are used to get to religious or cultural centres. The offence would be punishable by a maximum penalty of 10 years imprisonment, or two years less a day for less serious offences.
The proposed intimidation and obstruction offences would protect buildings or structures that are primarily used for religious worship (synagogues, mosques, churches, temples and gurdwaras) or cemeteries. The primarily used by an “identifiable group”, for administrative, social, cultural, or sports activity purposes, as an educational institution, or as a seniors’ residence.
Meanwhile, 'identifiable group' is defined as groups distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
The bill is carefully designed to make sure that it does not apply to people who are simply communicating information, peacefully protesting, or otherwise not engaging in criminal activity around religious and cultural centres and other specified places. These changes would not prohibit protest, assembly or unreasonably affect an individual’s freedom to voice their concerns in a safe and peaceful manner.
"The proposed changes respect Canadians’ Charter freedoms of expression and peaceful assembly, and would not unreasonably impact the freedom to protest, or voice concerns peacefully. It targets criminal behaviour that intimidates or obstructs access to community spaces, making clear where the line is drawn," stated the statement.
The statement added that a definition of 'hatred' will be codified in the Criminal Code to clarify what constitutes a hate crime.
"Finally, the law would streamline the process to lay hate propaganda charges by removing the requirement to obtain the Attorney General’s consent. By removing this step, law enforcement would be able to act quickly to counter hate speech and protect communities," the statement read.
"A strong Canada means strong protections for our communities and a Criminal Code that responds to emerging threats, protects victims of crime, and keeps our kids safe. This is the next in a series of crime and justice reforms the Government of Canada will bring forward in the weeks and months ahead to strengthen community safety and Canada’s justice system," the statement further said.
The bill identifies the hate symbol used by the Nazis and neo-Nazi groups as the Nazi Hakenkreuz (hooked cross) and not as the swastika, which is an auspicious symbol used by Hindus, Buddhists and Jains.
"Canadians deserve to live freely in their communities, regardless of the colour of their skin, the god they pray to, or the person they love. Sadly, incidents of hate against entire communities have taken these freedoms from too many of our neighbours. This legislation strengthens protections against hate so Canadians of all races and ethnicities, faiths, sexualities and genders can feel safe in their communities and be free to celebrate their identities," said Sean Fraser Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency.
The Bill would remove the requirement for Attorney General consent to lay charges for any hate propaganda offence, streamlining the process for law enforcement to more effectively address such cases.
By removing this step, law enforcement would be able to act quickly to counter hate speech and protect communities.
Meanwhile, the Canadian chapter of the Coalition of Hindus of North America welcomed the bill. "Over the past few years, we have seen more than two dozen attacks against Hindu temples, including medieval style invasions and violence against devotees," it said in a statement and applauded measures including the hate propaganda offence and criminalising of intimidation or obstruction at places of worship, schools and community centers.
But Indo-Canadian groups have objected the bill calling the Nazi symbol a swastika, emphasising that doing so misrepresents their religious traditions.
The president of the Vishwa Jain Sangathan Canada Vijay Jain highlighted that the use of the word swastika in the context of hate crimes undermines the religious rights of Hindu, Jain, and Buddhist Canadians. He explained that the swastika is an ancient Sanskrit word representing peace and prosperity, and its association with hate deprives religious communities of their traditional practices.
