Consultation Brief: National Forum on Combatting Hate Crimes, Terrorism, and Antisemitism

Consultation Brief: National Forum on Combatting Hate Crimes, Terrorism, and Antisemitism 

Objective 
The objective of this document is to discuss and refine key policy recommendations to address the growing issues of lawlessness, terrorism, radicalization, and antisemitism in Canada. It highlights the underutilization of existing laws and proposes actionable strategies for government, law enforcement, and community organizations to work together to combat these issues. 

Key Issues and Policy Recommendations 

A. Government Leadership and Political Will 

1. Government Statement and Commitment to Action 

For the Jewish community, the forum will be successful only if it concludes by issuing a statement with explicit commitments to action. A strong statement, signed by all political and law enforcement leaders attending the forum, should acknowledge the rise in antisemitism and commit to combatting it with all tools available. It should name specific problems and commit to naming specific solutions, including the policy solutions listed in this document and recommendations from the House of Commons Justice Committee report on antisemitism in Canada. The forum must conclude with a summary of key takeaways, policy recommendations, and actionable steps for all participants.  

2. Clarify the Attorney General’s Role  

Many hate crimes, specifically the willful promotion of hatred (subsection 319(2)) and advocating genocide (subsection 318(1)), require for prosecution the consent of the Attorney General. The consent process often causes delays, undermining deterrence and public safety, and lacking uniformity across provinces. Prosecution of hate crimes should be prioritized, and the decision-making process should be streamlined to ensure swift action is taken in cases of clear hate speech or violence. Provincial Attorneys General should establish and communicate guidelines for when they will grant consent to initiate proceedings under these sections of the Criminal Code.  Doing so would ensure a more systematic application of these provisions and facilitate the work of Crown Prosecutors in obtaining the required consent. 


B. Legal Reforms 

1. Gaps in Terrorism Legislation  
Gaps in Canada’s terrorism legislation should be addressed by updating the Criminal Code to provide clearer guidance and stronger enforcement measures regarding the glorification of terrorism. Specifically, the introduction of the crime of “glorifying terrorism” would prevent public displays of admiration for Canadian-listed terrorist entities. This will help prevent radicalization and the spread of extremist ideologies, including those linked to hate crimes.  

2. “Bubble Zone” Legislation  
Since the October 7 terrorist attacks on the State of Israel, Jewish communities throughout Canada have been witnessing disturbing protests targeting places of worship and community institutions that serve children, seniors, and other vulnerable members of society. Municipal, provincial and federal governments should introduce safe access legislation and establish safe access zones to protect ethnocultural, racialized, gender and sexually diverse, and religious communities’ institutions (including places of worship, community centres, social service providers, and schools) from protests.  

3. Taking Into Account the Hate Motivation before Sentencing   
Currently, hate motivations for crimes are considered only at sentencing, meaning that those targeting Canada’s Jewish community may be granted bail and cause further harm before their hate can be decided by a court. To protect Canada’s Jewish community and all those who are targeted by hate crimes, the hate-motivation for a crime should also be taken into consideration during bail hearings.  

C. Community and Law Enforcement Cooperation 

1. Funding of Hate Crime Units and Law Enforcement Tools  
Adequate, nationwide funding should be allocated for specialized hate crime units and for training law enforcement in the full spectrum of criminal and municipal enforcement tools available to combat hate. Specific attention must be given to educating police officers and cadet officers on recognizing and responding to antisemitism, anti-Zionism, and other forms of hate speech. A significant knowledge gap exists among law enforcement personnel regarding the history and modern manifestations of antisemitism. Officers should receive regular, specialized education on the topic, including the difference between legitimate criticism of Israel and antisemitism masked as anti-Zionism. This education should be informed by the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism and recent government guidelines. Law enforcement should also invest in upgrading their Arabic and Farsi language capabilities to improve real-time hate crime identification.  

2. Identifying Hate Symbols and Extremist Ideologies  
Many police officers are unaware of the symbols and signs associated with hate groups. Specialized training should be offered to ensure that law enforcement can identify hate symbols, understand extremist ideologies, and detect the presence of terrorist groups operating domestically. For example, recognizing symbols such as the "gharqad tree," associated with Hamas, is crucial to identifying extremist activity. 

3. Funding the Jewish and Community Security Needs 
Commit to funding and supporting the development of the Jewish Security Network (JSN) in the Greater Toronto Area and the Community Security Network (CSN) in Montreal and other cities creating similar programs. This program would include a 24/7 Emergency Operations Centre in Toronto for real-time threat monitoring and coordination with law enforcement, with additional tailored support in Montreal to meet regional needs.  It would also include an Enhanced Neighbourhood Watch Program empowering community members to monitor and report incidents in cities with Jewish populations, including Montreal, Vancouver, Toronto, and Winnipeg. Funding should also be increased for provincial programs that increase protection for the Jewish community, including the Alberta Security Infrastructure Program and the Ontario Anti-Hate Security and Prevention Grant.  

4. Transparency for Hate Crime Charges  
Transparency in reporting the number and types of arrests fosters public trust, enhances accountability, and contributes to broader social well-being. Law enforcement agencies and prosecutors should prioritize systematic efforts to implement and uphold transparency. Further, if charges are not laid after an arrest, the rational and context should be provided to increase public trust and confidence in our justice system and society at large. To improve this, Governments should disclose hate crime incident reports in an annual report from the office of the Solicitor General or other appropriate Minister.

D. Enforcement of Existing Legislation 

1. Protecting Jews and Public Order  
While the right to protest is fundamental, it must be balanced with the need to maintain public safety and order. Clear policies should be enacted and enforced to manage public protests when they cross over to disturbing the peace, reducing their effectiveness as platforms for spreading hate. Ensuring police services are fully aware of the existing laws, by-laws, and regulations, and that they are funded and have proper plans for crowd control are essential to actualizing this commitment. The police must be willing and able to enforce existing laws, regardless of the protest's time, location, or subject. Without these measures, police services face significant challenges in preventing vandalism, hate speech, and violence targeting Jews in Canada. For a full list of existing laws that can be leveraged to protect Canada’s Jewish community, please refer to Criminal Law Remedies to Combat Hate. 

2. Increased Prosecuting Capacity and Knowledge 
To ensure the safety and security of all Canadians, the Minister of Justice and Attorney General of Canada should engage with provincial and territorial counterparts to encourage the establishment of Crown positions dedicated specifically to hate crimes prosecutions, led by professionals trained in contemporary forms of antisemitism. These positions are in addition to the specialized hate crime units and training of law enforcement.  

3. Improve Hate Crime Reporting and Data Collection 
To tackle antisemitism adequately, we must have the full picture of incidents of hate-crimes across Canada. Currently, hate-crime data collection, analysis, and reporting vary across police jurisdictions and provinces. To solve this problem, governments should standardize and mandate hate crime reporting across Canada from every police force. 

4. Deportation of Non-Citizens Convicted of Antisemitic or Terror-Related Offenses  
In the past year, there have been several high-profile cases of foiled terrorist plots from immigrants or new Canadians. Current law mandates deportation for sentences exceeding six months, but enforcement has been inconsistent. To protect the integrity of Canada’s immigration system and domestic Canadian security, the Government of Canada should ensure stricter enforcement of existing deportation laws for non-citizens convicted of severe antisemitic or terror-related crimes. 

Conclusion and Call to Action 

The battle against hate crimes, terrorism, and antisemitism requires coordinated efforts among government bodies, law enforcement, and Canada’s Jewish community. The proposed policies focus on enhancing legal frameworks, improving training, and ensuring that authorities have the will, the knowledge, and the resources to act effectively. Only with a clear commitment to confronting these issues head-on, both politically and legally, can Canada reduce the prevalence of crimes and build a safer, more inclusive society. 

By taking these actions, Canada can begin to address the growing concerns of lawlessness, radicalization, terrorism, and antisemitism more effectively and create an environment of safety and inclusivity for all its citizens.