Police said on Monday that they are still looking into complaints about a Nazi symbol carved into the lawn of a house near St. Thomas, Ont.
In the meantime, a law professor at Western University believes that the federal government’s suggested changes to certain sections of the Criminal Code could assist police in handling similar cases down the line.
If approved, the federal Combatting Hate Act would focus on symbols used during the Holocaust, like SS lightning bolts and the swastika, as well as those linked to groups on the government’s list of terrorist entities, which includes Proud Boys, Hamas, and Iran’s Islamic Revolutionary Guard Corps.
A swastika shape, which is the primary symbol of the Nazi party, was cut into a lawn about ten days ago. Neighbors reported seeing the homeowner creating this design in his grass.
By Monday, however, it appeared that the lawn had been mowed again, effectively erasing the symbol. Additionally, over the weekend, posts featuring other Nazi symbols and slogans were removed from the homeowner’s Facebook page.
The appearance of this lawn symbol coincided with ongoing efforts by the federal government to update sections of the Criminal Code regarding hate speech.
“I think it clarifies that if you’re displaying Nazi symbols.. with intent to promote hatred then you’re violating our laws.”...
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‘Disturbing and alarming’
Sunil Gurmukh, an assistant professor at Western’s law faculty, stated that there has been an increase in reports related to hate speech and emphasized that it’s vital for changes not to infringe upon free speech rights. Gurmukh noted that incidents targeting Jewish communities are rising. “It’s disturbing and alarming. The swastika is the visual identity of the Nazi movement,” Gurmukh mentioned during an interview on London Morning with host Andrew Brown on Monday. “It’s a symbol of hate and white supremacy. We’re seeing these incidents all across Canada.” According to Sect. 319 of the Criminal Code, promoting hatred against identifiable groups through public statements is considered a crime. However, Gurmukh pointed out that while proving display of such hateful symbols may be straightforward, establishing whether there was an intent behind it can be more complex. “Hate symbols have met legal standards before when combined with other actions,” he explained. “The question here will be: Did this person intentionally promote hatred? Were they trying to persuade or incite others?” The proposed legislation specifies that certain symbols will be covered under updated hate-speech laws if passed by Parliament. It would explicitly mention both swastikas and SS lightning bolts. Additionally, it aims to prevent individuals from intimidating or obstructing people outside places like houses of worship and other sensitive sites. The amendments also propose removing a requirement for consent from provincial attorneys general before prosecuting hate crimes. “On one hand, that’s a check meant to protect freedom of expression,” Gurmukh commented regarding attorney general oversight. “On another hand though, it could act as a barrier needing removal so police can respond more quickly to escalating instances of hate.”. Richard Robertson from B’nai Brith Canada supports these legislative updates because mentioning specific symbols represents an important enhancement over existing laws.. “It would allow police to look into what intent was behind cutting a hakenkreuz [swastika] into someone’s lawn,” Robertson stated.“I think it clarifies that if you’re displaying Nazi symbols.. with intent to promote hatred then you’re violating our laws.”...
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