Dogan

Dogan

About Dogan

Doğan Akman


The Politics of Prosecuting Hate Crimes in Ontario

Saturday, 29 July 2017


“Man charged with hate crime for anti-Muslim online material” reads the big bold headline of the story published at page 5 of the July 25 issue of the Globe and Mail. The alleged offence is said to have occurred in Mississauga, Ontario.


The man in question is charged under sub-section 319(2) of the Criminal Code of Canada that reads:”Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. In this case, the Peel Regional Police Force that laid the charge has declined to provide the particulars of the specific facts on which the charge is based, lest their disclosure jeopardise the investigation or the court proceedings.


Proceedings under section 319 cannot be initiated without the prior consent of the Attorney- General of the Province where the offence occurs.  


According to Professor Richard Moon of the Faculty of Law of the University of Windsor cited in the story, “The threshold for charging someone with hate speech is extremely high…very few people have been charged and even fewer have been convicted…the AGs are sometimes reluctant to give their consent in these cases for a number of reasons, including if it seems like a hard case to prove or if there is concern that prosecuting someone might give them a platform to further promote their hate speech. Clearly someone advising the Attorney General in this case has made a determination that this case has real merit and that there is a high likelihood of it succeeding. It is important to realize how exceptional these prosecutions really are.”


(In parenthesis, with all due respect to the learned professor, the unstated reasons are far more important than those cited by the learned professor and I wonder whether he did cite those reasons and they were censured by the newspaper or whether he took the politically safe road by refraining from identifying them.)


One has to wonder the reasons for this peculiar state of affairs. Is it because the enforcement of the law might reveal the true state of multiculturalism and diversity in this country? Or, is it because of the profound commitment of the Canadian society to the Canadian Charter of Rights and Freedoms; in this instance, to the freedom of speech to the extent that Courts tend to resolve  almost any doubt as to whether the accused was exercising his or her freedom of speech or committing a hate crime, in favour of free speech. And what of a situation where the freedom of speech conflicts with another Charter freedom such as the freedom of religion?


At all events, the bottom line seems to be that law enforcement agencies do not bother to investigate cases of hate crimes either because the AGs are  most reluctant to approve their prosecution, or because they have no interest in the subject matter; lack the proper qualifications to investigate them, or worse, tend to share the feelings of the people denounced for inciting hate towards the minority group in question.


The case at hand, is part and parcel of the continuing saga of the highly controversial, bitter and emotionally highly charged  opposition both  to the decision of a  public school board to approve the practice of Islam  in the premises of its schools for the Friday prayer and sermon; manner in which  it may be practiced, and to the highly questionable  way in which  the school board went about  to reach its final decision, reversing its  earlier sensible  position. The fact that at the end of the day , the board caved in and granted all of the demands, save an inconsequential one of no import, of the Muslim groups advocating and the practice of Islam in the public school system, added further fuel to the fire.


The issue that gave rise to this toxic situation was originally raised by the demands made by and on behalf of the Muslim students in these schools beginning in early 2016. As the demands began to be contested by some Muslim groups as well as groups belonging to other religions, the tone and tenor of the controversy became increasingly bitter and by the end of the 2016 school year, the school board after one major flip flop, unable to make up its mind deferred the final decision to January of this year.


In June 2016, the Premier made the rather unusual decision in the annals of Cabinet-making, by promoting a junior member of the Cabinet, holding the junior portfolio of Community Safety and Correctional Service, to the senior and prestigious post of Attorney-General. The Cabinet member in question turned out to be a Muslim. 


Given the rather opportunistic track record of the Premier in her dealings with the Muslim community and the important role she played in the introduction of the practice of religion into public schools- a role of which she said to be very proud, neither the promotion nor the religious identity of the new Attorney –General was surprising.


The decision to approve the charge in this case was a win- win situation. It will win votes of the Muslim community for the government staring at the fast approaching general election.  As for the Attorney General, the approval will spare him from the painful consequences of a refusal to do so, at the hands of a furious Muslim community.


And, if at the end of the day, the accused is found “not guilty”, so be it.


Lest I be accused of bad faith towards the Premier and the Attorney-General; regardless of their motives  in the present case and how the case may play out, the approval  of  the proceedings confirms my worst suspicions that  the way the Liberal government plays its hand with respect to hate crime is tainted by bias based on political  opportunism.


And I need not go far and to search high and low to substantiate my argument.  During Premier Wynn’s watch there have been a fair number of documented cases of Muslim clerics  promote and incite  hatred towards Jews by reciting before their congregations, prayers that  do that plainly;  , not to mention their prayers for the jihadists to be victorious against the infidels, Jews and Christians, and to dispossess them of their lands.  


Yet, there is no evidence, as there is in the present case, that  these hate crimes were investigated, charges were drafted and submitted  to the Attorney-General  to secure the requisite approval, despite  the existence of adequate evidence of the commission of such crimes  including  the one case this year where the culprit  admitted having preached the hateful words that at one point or another would have  been in play after the current  the Attorney-General was in office. .


And so long as Premier Wynn and the current Attorney General remain in their respective offices, the probability of prosecuting such hate spewing clerics is close to zero, if not zero.


In Ontario, when it comes to anti-Semitic hate, whether in Arab publications or in Muslim prayers, the enforcement of the hate speech laws, become mirages. 


Decidedly, when it comes to hate speech and writings against Jews in Ontario, one feels like travelling on a very long and lonely highway without garbage cans. So much for multiculturalism, diversity being our strength and all that jazz.


Let’s face it, the Federal and the provincial governments and for that matter, school boards, university administrations and the mass media, save for the Toronto Sun, are all fearful of the consequences of going after these clerics or publishing materials critical of those Muslims who espouse  religious ideologies hostile to the Judeo-Christian civilisation and values of Canada and are hateful towards those who profess it.


Touting multiculturalism, equity, diversity and inclusion is their fig leaf and the passage of Islamophobia motions are their trophies.



No comments:

Post a Comment