The RCMP are warning of an increase in public rhetoric that could incite hate, and are asking whether there are legal options to combat the trend.
Royal Canadian Mounted Police Superintendent Karine Gagne told Radio-Canada she would not comment directly on the case of Adil Sharqawi, the controversial imam who spoke in Arabic in Montreal late last year, calling on Allah to “kill the enemies of the people of Gaza,” but she thought it might be time to reconsider Canada’s hate speech laws, which were enacted in the early 2000s.
Following an RCMP investigation, Quebec prosecutors chose not to charge Charkaoui.
Gagne, who is head of criminal investigations for the Royal Canadian Mounted Police in Quebec, said international events like the Gaza war now have a more immediate and direct impact on local communities.
“The speed at which we receive information when it comes to international events has evolved. It’s instantaneous. That wasn’t the case in 2002,” she said.
Federal Justice Minister Arif Virani told Radio-Canada he is concerned about the spread of hatred in Canada and is open to making changes to the Criminal Code based on expert opinion.
Speaking at a pro-Palestinian rally in Montreal on October 28, 2023, Sharkawi denounced the “Zionist invaders” and called on Allah to “kill the enemies of the people of Gaza and spare none of them.”
The speech was condemned by Prime Minister Justin Trudeau and Quebec Premier François Legault, among others.
A complaint was filed with Montreal police, but the RCMP quickly took over the case.
Police authorities determined Imam’s comments could raise issues related to national security and anti-terrorism laws, and the RCMP has launched an investigation, multiple sources said.
After the RCMP investigation was completed, prosecutors determined that Sharkaoui’s statements did not violate Canadian law.
“The evidence does not establish beyond a reasonable doubt that the statements constitute incitement to hatred against an identifiable group within the meaning of the provisions of the Criminal Code,” Quebec’s prosecutor’s office said in a news release.
Sharkawi praised the decision on social media and said his speech was aimed at “condemning the genocide” in Gaza.
“This great decision was expected,” he said in an online video. “We will not give up. We will continue to defend the oppressed.”
Gagné said the country’s police chiefs were experiencing a “resurgent wave of hate speech across the country” and suggested it was time to discuss reforming the law.
““Could this lead to a discussion about this issue? I think it’s really important that we talk about this issue now in 2024,” she said.
She added that the RCMP “will intervene where possible to conduct investigations within their national security powers.”
Yair Shulaq, president of the Palestine Federation, said the message spread by pro-Palestinian protesters, especially on the anniversary of Kristallnacht, was tantamount to hatred and the government should take action.
A police source told Radio-Canada that other police agencies are concerned the government’s decision in the Sharkawi case could incite hate speech across Canada, which has been on the rise online and in person since the start of Israel’s war with Hamas.
In March, the Quebec Medical Association fined a cardiologist $25,000 after his Facebook account called for a “great cleansing” of the Gaza Strip.
At a protest in Ottawa in April, a protester praised the brutal Hamas-led attack on Israel on Oct. 7, 2023, in a speech that is now under police investigation.
“October 7th is proof that we are almost free. Long live October 7th,” a protester said, according to a video posted online.
The war began with a surprise attack by Hamas in southern Israel on October 7. According to Israeli figures, the attack left about 1,200 people dead, mostly Israeli civilians, and took about 250 hostages. About 120 hostages remain, and 43 have been announced as dead.
According to the Gaza Health Ministry, Israeli attacks have killed more than 36,700 Palestinians and injured over 83,000. According to the United Nations, about 80 percent of buildings in Gaza have been destroyed.
In the case of Mr. Sharkawi’s speech, the legal questions revolved around articles 318 and 319 of the penal code, which ban public incitement to hatred against “an identifiable group.”
According to the legal definition, identifiable groups must be distinguished on grounds such as “skin colour, race, religion, national origin or ethnic origin.”
As several experts have noted, Sharkaoui’s speech did not mention any particular religion or ethnic group, but instead targeted “Zionists,” meaning supporters of the movement that led to the establishment of a Jewish state.
Rashad Antonious, a retired sociology professor at the University of Quebec at Montreal and author of numerous books on the Middle East and human rights, condemned Sharkawi’s speech and said he does not represent the majority of Canadians in the pro-Palestinian movement.
Antony said there was still room for criticism of the Zionist movement in public.
“Cry of Despair”
“Anti-Zionism is a policy against the political project of Zionism. It has nothing to do with anti-Semitism,” he said. “It is not a form of racism. It is a way of taking a stand for social justice.”
“Criminal law is important, but we have to be able to distinguish between what is hatred and what is legitimate criticism. We have to be able to distinguish between what is loathing and what is a cry of despair at the horror that is happening before our eyes.”
Some argue that Sharkawi’s speech clearly crossed a line.
“It makes you wonder where the limits are,” said Etta Yudin of the Center for Israel and Jewish Affairs. “Is the law being applied to its fullest extent? Is there something that should be done to reexamine Articles 318 and 319?” [of the Criminal Code] Is it to see if they are going to do enough and address the hatred, malice and toxicity that they are seeing on our streets?”
She said she does not oppose political statements criticizing Israel, its government or its actions, but she worries that using the word “Zionist” is a way to get around the law’s definition of an “identifiable group.”
“When large-scale demonstrations occur on the streets, [where] “Obviously there is talk about ‘Zionists.’ It’s often used as a euphemism for saying ‘Zionist’ instead of ‘Jew,’ but it’s actually a way to target Jews. The vast majority of Jewish communities around the world are Zionists,” she said.
The Center for Israel and Jewish Affairs has supported the Bloc Québécois’ proposal to repeal the “religious exemption” in Article 319 of the Penal Code.
According to this section of the criminal law on incitement to hatred, it is not illegal to express “opinions on religious subjects or opinions based on the belief in religious texts.”
Shortly after prosecutors announced their decision to dismiss the charges against Charkaoui, Bloc party leader Yves-François Blanchet said “the tools provided to the justice system” were “insufficient.”
Villani himself represents a Toronto-area constituency where tensions have risen over the Gaza war.
“We’ve certainly had a problem with hate over the last five years or so, but particularly over the last eight months,” Villani told Radio-Canada. “We know that in the digital age, hate can spread very quickly, within seconds, minutes or even hours.”
Asked to comment on the call to amend the Criminal Code section on incitement to hatred, Villani pointed to Bill C-63, a federal bill on online harms currently before the House of Commons, which contains measures to combat hate crimes and hate speech, including increasing maximum prison sentences.
Asked whether he was open to changing the definition of “identifiable group” in the criminal code, Villani said he was open to listening to experts.
“If they propose amendments that target things in a different way or refine or clarify aspects, I’m totally open to listening to those suggestions,” he said.
