(Ottawa) In the hope of curbing the rise in hateful and anti-Semitic speech brought in its wake by the war between Israel and Hamas, the Bloc Québécois is calling for the removal of the religious exemption from the Criminal Code that allows an offense to be avoided criminal.
The private member’s bill, which aims to amend the provisions of the Criminal Code relating to the fomenting of hatred or anti-Semitism, will be sponsored by Bloc leader Yves-François Blanchet.
The legislative measure is due to be presented this Tuesday in the House of Commons.
Currently, it is a criminal offense to stir up hatred against an “identifiable group” and to foment “anti-Semitism by condoning, denying or minimizing the Holocaust.”
However, in either case, there is an exemption based on religion.
No one can be found guilty if they “have, in good faith, expressed an opinion on a religious subject or an opinion based on a religious text in which they believe,” provides the Criminal Code.
The Charkaoui example
About two weeks ago, in the House, Yves-François Blanchet raised the issue, evoking the speech of preacher Adil Charkaoui.
“Here is this [qu’il] said: “Allah, take care of these Zionist aggressors. Allah, take care of the enemies of the people of Gaza. Allah, identify them all, then exterminate them. And spare none of them!” “, quoted the chef.
He then asked Justin Trudeau if it was a criminal act, which the Prime Minister refused to comment on, relying on the police and judicial authorities.
“According to my reading, it is criminal and it requires a reaction that responds to a criminal gesture,” said the Bloc leader.
The next day, on November 9, a complaint was filed against Imam Charkaoui.
It was not possible to know where the file stands at this time.
Best training required
The vice-president of the Advisory Center for Jewish and Israeli Relations (CIJA), Richard Marceau, reserves his comments on the legislative intentions of the Bloc Québécois, a party of which he was a member of parliament.
However, he argues that the authorities must have the necessary tools to apply the Criminal Code.
“Our demands are that police forces be better trained to lay charges regarding hate speech,” he explains.
Crown prosecutors should also “be well trained and aware of the importance that must be given to hate speech, which often can lead to violent actions,” adds Mr. Marceau.
The criminal provision on Holocaust denial is relatively new; it was included in the Code in 2022, through the Budget Implementation Act.