Avi Benlolo: Liberal hate speech law is sorely needed

Anti-Israel protesters are seen shortly before being evicted from their encampment at the University of Toronto on July 3, 2024. Photo by Jack Boland / Postmedia News

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The Combatting Hate Act (Bill C-9) is officially making its way through parliamentary committee review to amend the criminal code. The legislation aims to strengthen our laws against hate propaganda, hate crimes and access to religious or cultural places. I have been a strong advocate of these reforms calling for a direct response to the rising tide of antisemitism and the extremism of pro-Hamas demonstrations since October 7 2023. 

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While over the years, many have called for the free marketplace of ideas whereby we adopt the American First Amendment model of absolute free speech, it is clear that hate crime legislation is necessary to curtail the tearing of our social fabric. Hate crimes have more than doubled over the last five years with nearly 20,000 incidents reported by police. The free market approach may work for the majority, but never the minority which often needs state protection. A civil society is measured by how it protects its minority.  

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I have been on the front lines of our legal system and witnessed first-hand the impossibility of pressing for a hate crime charge given that consent from the attorney general is currently necessary. Bill C-9 would remove that from hate speech offences. For years it’s been argued that consent is a safety mechanism that helps ensure hate laws do not limit free speech. However, in my experience, AG consent is slow, tedious and may include political consideration. 

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Many years ago, to persuade the attorney general to listen to evidence about a hate crime, I warned him that I would organize a press conference with Holocaust survivors outside his office if he continued to refuse our request for a meeting. It should not have come to that, but it was not only a clear demonstration of the frustration of the Jewish community, and it reinforced the very fact that the office of the Attorney General is a political instrument.  

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Removing the current AG consent allows the courts to decide on hate crime charges according to the renewed and strengthened proposed law. The proposed hate crime reforms will enhance deterrence and enable police to arrest and lay immediate charges against those who promote hatred against any identifiable group. If they wave a Hamas or Hezbollah flag, they could be immediately arrested. Banning the display of the Nazi symbols (eg. the Swastika) to “wilfully” promote hatred would be a welcomed reprieve to the Jewish community.