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The B'nai Brith Canada Institute for International Affairs has a mandate to protest the abuse of human rights throughout the world and advocate on behalf of worldwide Jewish communities in distress. The Institute has a special focus on pro-Israel advocacy and education.

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Rochelle Wilner
President

Frank Dimant
Chief Executive Officer

Amos Sochaczevski
National Chair

Ruth Klein
National Director



COMBATTING TERROR

Submission to the Justice Committee
on Bill C-36 ~ Anti-Terrorism Act

4. Additional Hate Crime Provisions

i. Mischief to Religious Property — bias based on gender and sexual orientation

The amendment to the Criminal Code adding the offence of mischief to religious property refers to bias, prejudice or hate based on religion, race, colour or national or ethnic origin. "Gender" and "sexual orientation" should be added to the list. Regrettably, all too much religious bias, prejudice and hate is bias and prejudice against women, hatred of women, and hatred of those with differing sexual orientations. Some sexist religious fanatics will attack the property of their own co-religionists who treat these groups equally. The law needs to recognize this grim reality.

ii. Mischief to Religious Property — inclusion of all religious institutions

The offence of mischief to religious property should include attacks on religion-based schools, cemeteries and organizational offices. The Jewish community has seen an increase in antisemitic attacks not just on its synagogues, but on all its institutions. The law should penalize equally every one of these attacks.

iii. Malicious Activity that Creates False Alarms

In the wake of September 11, 2001 and the recent anthrax scares, there have been a number of false alarms and malicious pranks (e.g. people sending such substances as talcum powder, or Comet through the mail, often accompanied by threatening letters.) These malicious activities frighten and intimidate people (just as the actual terrorism is intended to do). B’nai Brith Canada was itself recently the victim of such a malicious prank and had to evacuate its national offices after a period of quarantine and cease operations until analysis of the powder was completed. The Bill should penalize such malicious activity. It would be advisable to include amongst the offences an offence of malicious activity that creates false alarms.

iv. Making False Statements

The legislation emphasizes that where a person discloses information under the legislation, no criminal or civil proceedings can be taken against the person for good faith disclosure (subsections 83.1(1) and (2) of the Criminal Code amendments). Regrettably, some people may make malicious allegations against persons or organizations. There should be a penalty for malicious false disclosure, disclosure of information that is false and that the informant knows or ought to know is false.

Table of Contents § Preface § Sunset Clause § Non-discrimination Clause § Retrospectivity Clause § Additional Hate Crime Provisions
Definition of Terrorist Activity § Financing Terrorist Activity § Amendments to Other Acts § Summary of Recommendations


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