Removing religion as hate speech defence an idea worth exploring: antisemitism envoy

Canada’s special envoy for combating antisemitism says she’s “very interested” in exploring the idea of removing religion as a possible defence against hate speech charges.

Deborah Lyons, whose title also includes preserving Holocaust remembrance, appeared Thursday before a parliamentary committee that is studying antisemitism on university campuses.

Jewish leaders, students and faculty have been voicing concerns over an increase in hate speech and violence since the beginning of the Israel-Hamas war last fall.

Lyons said she believes universities’ equity, diversity and inclusion strategies are failing, and her office is working to develop better training on countering antisemitism.

Members of Parliament asked Lyons about the role police and prosecutors play in laying hate speech charges, and whether Criminal Code changes are needed.

They pointed to Quebec prosecutors’ recent decision not to charge Montreal imam Adil Charkaoui over comments said during a prayer — a scenario Lyons says she is discussing with the government.

The speech at a pro-Palestinian demonstration in Montreal resulted in a complaint alleging threats and incitement of violence, which was investigated by the RCMP.

Leading a prayer in Arabic, Charkaoui had called on God to “take care of aggressor Zionists,” adding “O God, don’t leave any of them.”

In a news release last week, the province’s director of public prosecutions announced that a committee of three Crown attorneys concluded the evidence was not sufficient to prove beyond a reasonable doubt that the words amounted to an incitement of hatred toward an identifiable group, as defined in the Criminal Code.

Using the case as an example, Bloc Québécois MP Rhéal Fortin asked Lyons whether she supports his party’s proposal to eliminate a section of the Criminal Code that would allow the use of religious beliefs or a religious text as a defence against the promotion of hatred and antisemitism.

“I am very interested in exploring (it) as an option because I think, frankly, we are seeing it used in this country and in other places as a defence that frankly does not stand the ground in these very difficult times,” she testified Thursday.

Still, Lyons said she is no ready to offer a final opinion on the matter and is still discussing it with Justice Department officials.