Ottawa considering hate crime charges against those who boycott Israel

[jimmy olsen]

Hate speech laws have always been terrible and beyond the pale of a democratic society. Perhaps now that left is about to get targeted under it they'll rethink their support.

http://www.cbc.ca/news/politics/ottawa-cites-hate-crime-laws-when-asked-about-its-zero-tolerance-for-israel-boycotters-1.3067497

Ottawa cites hate crime laws when asked about its 'zero tolerance' for Israel boycotters

Blaney's office cites 'comprehensive' hate laws for new zero tolerance plans

By Neil Macdonald, CBC News Posted: May 11, 2015 5:00 AM ET| Last Updated: May 11, 2015 10:58 PM ET

The Harper government is signalling its intention to use hate crime laws against Canadian advocacy groups that encourage boycotts of Israel.

Such a move could target a range of civil society organizations, from the United Church of Canada and the Canadian Quakers to campus protest groups and labour unions.

If carried out, it would be a remarkably aggressive tactic, and another measure of the Conservative government's lockstep support for Israeli Prime Minister Benjamin Netanyahu.

While the federal government certainly has the authority to assign priorities, such as pursuing certain types of hate speech, to the RCMP, any resulting prosecution would require an assent from a provincial attorney general.

And it would almost certainly be challenged under the Charter of Rights and Freedoms, civil liberties groups say.

The government's intention was made clear in a response to inquiries from CBC News about statements by federal ministers of a "zero tolerance" approach to groups participating in a loose coalition called Boycott, Divest and Sanction (BDS), which was begun in 2006 at the request of Palestinian non-governmental organizations.

Asked to explain what zero tolerance means, and what is being done to enforce it, a spokesperson for Public Safety Minister Steven Blaney replied, four days later, with a detailed list of Canada's updated hate laws, noting that Canada has one of the most comprehensive sets of such laws "anywhere in the world."

Successful tactic

The BDS tactic has been far more successful for the Palestinians than armed struggle. And it has caught on internationally, angering Israel, which reckons boycotts could cost its economy hundreds of millions of dollars.

Just last month, 16 European foreign ministers denounced the "expansion of Israeli illegal settlements in the Occupied Territories," demanding that any imported goods originating in the settlements be distinctly labeled.

But Canada, a country where the federal Liberal and NDP leaders also oppose BDS, appears to have lined up more strongly behind Israel than any other nation.

In January, Canada's then foreign affairs minister, John Baird, signed a "memorandum of understanding" with Israeli authorities in Jerusalem, pledging to combat BDS.

It described the movement as "the new face of anti-Semitism."

A few days later, at the UN, Canadian Public Security Minister Steven Blaney went much further.

He conflated boycotts of Israel with anti-Semitic hate speech and violence, including the deadly attacks that had just taken place in Paris on the Charlie Hebdo magazine and a kosher supermarket.

Blaney then said the government is taking a "zero tolerance" approach to BDS.

Coming as it did from the minister responsible for federal law enforcement, the speech alarmed groups that have, to varying degrees, supported boycotts, believing them an effective tool to bring about an end to Israel's occupation and colonization of the West Bank, and its tight grip on Gaza.

Some of these groups had noted that the government changed the Criminal Code definition of hate speech last year, adding the criterion of "national origin" to race and religion.

This change could, they feared, effectively lump people who speak against Israel in with those who speak against Jews.

Micheal Vonn, a lawyer for the British Columbia Civil Liberties Association, says the expanded definition is clearly "a tool to go after critics of Israel."

Constitutionally protected

Canadian civil liberties groups maintain that boycotts are a long-recognized form of political expression, and therefore constitutionally protected.

In March, the Canadian Quakers wrote a letter to Foreign Affairs Minister Rob Nicholson, expressing concern about Blaney's speech and protesting the label of anti-Semitism.

Nicholson's response merely repeated the talking points first used by Blaney at the UN, and the government's vow not to tolerate boycotts.

But in response to specific questions about what "zero tolerance" of BDS means, and how it will be enforced, Blaney aide Josee Sirois gave CBC News a much clearer picture of the government's intent.


"I can tell you that Canada has one of the most comprehensive sets of laws against hate crime anywhere in the world," wrote Sirois.


She highlighted what she termed "hate propaganda" provisions in the Criminal Code criminalizing the promotion of hatred against an identifiable group, and further noted that "identifiable group" now includes any section of the public distinguished by "among other characteristics, religion or national or ethnic origin."


She also referred to Criminal Code provisions requiring that a judge consider hate, bias or prejudice when sentencing an offender.

"We will not allow hate crimes to undermine our way of life, which is based on diversity and inclusion," she concluded.

'Trying to scare people'

Tyler Levitan, a spokesman for Independent Jewish Voices, the principal organizing vehicle for BDS in Canada, said he believes he and his fellow organizers are already under surveillance: "This is about trying to scare people."


He said BDS is an "entirely passive movement. It is a decision not to take part in something. Not to be implicated, not to be complicit. It's entirely non-violent."


That's not always been the case elsewhere in the world, particularly France, where BDS rallies have resulted in confrontations with police.


But it is the non-violence of the boycott approach that attracted groups like the United Church of Canada.

Like the Canadian Quakers, the UCC restricts its boycott advocacy to products from Israel's settlements.
The Ontario chapter of CUPE, on the other hand, supports BDS fully, shunning any contact or commerce with Israel. So do a range of other Canadian groups, and student organizations at various universities.

"It is the right and duty of citizens in any free state to engage in constructive non-violent peaceful criticism of state actions and behaviours," says Patti Talbot, a senior staff member at the UCC.

The church sees itself as anti-racist and progressive, which is why it was horrified by the government's description of its advocacy as anti-Semitism, and worried by the declaration of zero tolerance.

"How is [zero tolerance] going to manifest itself?" asks Talbot. "It could be directed against the United Church, it could be directed at a gamut of individuals in Canadian civil society. People of goodwill."

Talbot said it is all the more troubling given the recent passage of Bill C-51, the government's new anti-terrorism measures, which would further empower the police and intelligence agencies that report to Blaney.

"It's not unrelated," she says, "to the clamping down on dissent."

'Political terror'

Long before signing the joint pledge with Canada, Israel passed a law making it an offence to participate in or encourage BDS.

And the Israeli high court recently upheld most of it, with one of the justices writing that boycotts can be considered "political terror."

At the B.C. Civil Liberties Association, Vonn says she is certain a prosecution of boycott advocates for hate speech would not survive a charter challenge.

But, she says, the government is certainly sowing "dread and chill," and that that appears to be its main intention in pronouncing zero tolerance.

"We've asked our lawyers. What does that mean?" says CUPE president Paul Moist. "Is it now a criminal offence to walk around with a sign saying close all the settlements, Israel out of occupied territories?"

In France, the law has for years criminalized hate speech based on national origin, and authorities there have in recent years been using it to prosecute BDS advocates. To date, more than 20 have been convicted.

According to the Israeli newspaper Ha'aretz, pro-Israel activists in Belgium are pushing for a similar law there.

The Obama administration officially opposes boycotts of Israel, and a measure now before Congress would direct American trade negotiators to discourage boycotts of Israeli goods.

But America has no hate speech laws. The U.S. constitution guarantees free speech. So a zero tolerance policy, or the type of prosecutions Canada is considering, would be impossible.

[Razgovory]

I would support it if it only affected Quebec.

[Martinus]

In some ways Canada is one of the worst nations. It's like they took the worst qualities of Europe and the USA without any of the good ones.

[jimmy olsen]

In some ways Canada is one of the worst nations. It's like they took the worst qualities of Europe and the USA without any of the good ones.

[Malthus]

Heh, what a Chicken Little of an article. 

[The Brain]

from the United Church of Canada and the Canadian Quakers to campus protest groups and labour unions.

[Josephus]

This is mostly bull shit.

[crazy canuck]

This is mostly bull shit.

[grumbler]

Heh, what a Chicken Little of an article. 

I'm kinda surprised the CBC has this on their news page.  It isn't a news story, it's an opinion piece, and professional news media would put it on an op-ed or editorial page.

Unless I am missing something, and their "politics' section is all supposed to be opinion and not news.

[crazy canuck]

Heh, what a Chicken Little of an article. 

I'm kinda surprised the CBC has this on their news page.  It isn't a news story, it's an opinion piece, and professional news media would put it on an op-ed or editorial page.

Unless I am missing something, and their "politics' section is all supposed to be opinion and not news.

The quality of CBC news reporting isn't what it used to be and imo they have not transitioned well to the online world.  If there is one bright spot for the newspaper industry in this country it is that they generally do a much better job.

[Admiral Yi]

The government's intention was made clear in a response to inquiries from CBC News about statements by federal ministers of a "zero tolerance" approach to groups participating in a loose coalition called Boycott, Divest and Sanction (BDS), which was begun in 2006 at the request of Palestinian non-governmental organizations.

Asked to explain what zero tolerance means, and what is being done to enforce it, a spokesperson for Public Safety Minister Steven Blaney replied, four days later, with a detailed list of Canada's updated hate laws, noting that Canada has one of the most comprehensive sets of such laws "anywhere in the world."

This is my favorite part.

[Grey Fox]

Blaney is such a pussy. After the Ottawa shooting, dude went & hid in his hometown for a week.

[Valmy]

The only crime the BDS movement has committed is monumental failure. It is almost like their founding was the cue for the Israeli economy to explode.

[jimmy olsen]

The email in question. Man are Canadians ridiculously polite. 

https://firstlook.org/theintercept/2015/05/11/email-exchange-cbc-public-safety-minister-blaneys-spokesman-bds-prosecutions/

Email Exchange Between CBC and Public Safety Department Spokesperson on BDS Prosecutions

By Glenn Greenwald @ggreenwald

As I wrote about this morning, the CBC reported today that "the Harper government is signalling its intention to use hate crime laws against Canadian advocacy groups that encourage boycotts of Israel." Various devotees of Israel, such as David Frum, spent the morning insisting that the CBC story is false. Now, the Harper government is following suit, issuing a (nonresponsive) statement that reads, in its entirety: "This [CBC] story is inaccurate and ridiculous. These laws have been on the books for many years and have not changed."

Below is the email exchange between the CBC reporter, Neil Macdonald, and the spokesman for the Public Safety Department that leaves no doubt that the Harper government did exactly what the CBC reported: namely, cited various criminal hate speech laws when asked what, specifically, the Canadian Government would do to enforce its so-called "zero tolerance policy" against advocates of boycotting Israel. They added that "we will not allow hate crimes to undermine our way of life, which is based on diversity and inclusion":

Email from Public Safety spokesperson Josée Sirois to CBC's Macdonald:

Good afternoon Mr. Macdonald,

We received your voicemail on our media relations line.

Glad to assist with your request. If you could please send us your
question(s) and your deadline, we'll do our best to get back to you as soon as possible.

Kind regards,

Josée

Josée Sirois
Spokesperson / Porte-parole
Media Relations / Relations avec les médias
Public Safety Canada / Sécurité publique Canada

Email from Macdonald to Sirois:

Josee:

This is the link to the Blaney speech I was referring to.

http://www.ctvnews.ca/politics/blaney-promises-to-fight-anti-semitism-zero-tolerance-for-attacks-on-israel-1.2200481

To be clear, I am not asking you for a boilerplate statement on what the Canadian government thinks of BDS, or Israel, or antisemitism. I think I understand that pretty well.

My question is what does "zero tolerance" for BDS mean?

How does that translate into government action? And does the MOU signed between Canada and Israel in January, which also speaks about combating anti-semitism (and the MOU characterizes BDS as antisemitism) have any force in Canadian law? Are the authorities who work for Mr. Blaney actually doing anything about the BDS movement that Mr. Blaney professes zero tolerance for?
nm

Email from Sirois to Macdonald

Email from Macdonald to Sirois:

Hi, Josee

It is your minister I will be quoting, not the foreign affairs minister.

For the record, and I want to be quite clear, I am asking what the public safety minister, whose authority includes intelligence and law enforcement, meant when he said canada is adopting "zero tolerance" toward BDS.

His comments have elicited concerns from various Canadian NGOs, and I will be exploring and recording those concerns, and I have a duty to offer minister blaney's office the opportunity to comment.

Are you telling me you are declining comment on his behalf?

I'd appreciate a response. I understand you have no obligation to respond, but I am bound to ask, and to reflect any response or non-response in my story.

All the very best,
Neil Macdonald

Email from Sirois to Macdonald (emphasis in original):

Good evening Neil,

As previously mentioned, DFATD will be addressing your questions regarding the work being done with Israel regarding BDS.

With regards to Canadian criminal law, I can tell you that Canada has one of the most comprehensive sets of laws against hate crime anywhere in the world. There are three existing hate propaganda provisions in the *Criminal Code*: advocating or promoting genocide against an identifiable group (subsection 318(1) of the Criminal Code); inciting hatred in a public place against an identifiable group that is likely to cause a breach of the peace
(subsection 319(1) of the Criminal Code) and wilfully promoting hatred against an identifiable group (subsection 319(2) of the Criminal Code). "Identifiable group" includes any section of the public distinguished by, among other characteristics, religion or national or ethnic origin. Section 320 of the *Criminal Code* provides for the seizure and forfeiture of hate propaganda kept for sale or distribution in premises within the jurisdiction of the court. Section 320.1 authorizes a judge to order the deletion of hate propaganda stored on and made available to the public through a computer system within the jurisdiction of the court.

In addition, the *Criminal Code* of Canada has specific legislation to address crimes motivated by hate. Paragraph 718.2(a)(i) of the *Criminal Code* provides that evidence that an offence was motivated by hate, bias or prejudice, including that based on national or ethnic origin or religion, shall be considered by the judge when determining the sentence of an offender.

Section 430(4.1) of the *Criminal Code* also creates a specific crime of mischief in relation to a building that is primarily used for religious worship, including a church, mosque or synagogue or a cemetery, where the mischief is motivated by bias, prejudice, or hate based on religion, race, colour or national or ethnic origin.

In addition, the Communities at Risk: Security Infrastructure Program helps communities fight against hate-motivated crimes. It is an example of our Government's strong commitment to preventing crime and making our streets safe. This program invests in security infrastructure enhancements at not-for-profit community centres, educational institutions, and places of worship linked to a community with a history of being victimized by hate-motivated crime. This program helps to ensure community members can practice their faith, culture, and activities peacefully, without fear of harm. We will not allow hate crimes to undermine our way of life, which is based on diversity and inclusion.

Kind regards,

Josée

Josée Sirois
Spokesperson / Porte-parole
Media Relations / Relations avec les médias
Public Safety Canada / Sécurité publique Canada

UPDATE: Sirois is technically a spokesperson for the Public Safety Department, not for the Public Safety Minister himself. The headline and text have been lightly edited to reflect that distinction.

[PRC]

Off topic aside. The CBC journalist Neil Macdonald in that article is the brother of comedian and SNL alumni Norm Macdonald.