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441-00632 (Justice)

Paper petition

Original language of petition: English

Petition to the Government of Canada

Whereas:

  • Canada is founded upon principles that recognize the rule of law and respect for human rights and democracy;

  • According to Bill C-313, it is in the interest of all Canadians to prevent the display or sale of symbols or emblems such as the Nazi swastika and the Ku Klux Klan's insignia, flags such as the standards of Germany between the years 1933 to 1945 and those of the Confederate States of America between the years 1861 to 1865 and uniforms, including the German and Confederate States of America military dress of those periods, as well as the hoods and robes of the Ku Klux Klan. The "V" and "Z" symbols as well as the Ribbon of Saint George used by the Russian military is used in the same manner, to promote genocide of Ukrainians and support Russia's invasion;

  • There have been a number of appearances of "V" and "Z" symbols, as well as the Ribbon of Saint George in Canada. They appeared on social media profiles of individuals and merchandise sold by businesses within Canada. One of the largest cases happened on April 1st when The University of Waterloo tweeted that "hateful symbols and vandalism related to the Russian invasion of Ukraine" appeared on its campus;

  • According to the Criminal Code (sections 318-320), every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. Therefore, the "V" and "Z" symbols as well as the Ribbon of Saint George that is used by people in Canada to advocate for or promote genocide in Ukraine should also be responsible in the eyes of law;

  • Russia committed war crimes in many cities in Ukraine, including Bucha, Irpin, Hostomel, Mariupol, Kyiv, Kharkiv, and others. By not banning the "V" and "Z" symbols as well as the Ribbon of Saint George, Canada is not fully acknowledging that there's an ongoing genocide of the Ukrainian people;

  • Many countries, including Germany, Moldova, Latvia, have already banned these hateful symbols and

  • Ukraine called on other countries to ban these hateful symbols, and Canada should show support.

We, the undersigned, citizens and permanent residents of Canada, call upon the Government of Canada to:

1. Officially declare the ban of the "V" and "Z" symbols as well as the Ribbon of Saint George;

2. Add the "V" and "Z" symbols as well as the Ribbon of Saint George to Bill C-313 and ban them as symbols of hate;

3. Take action against residents, businesses and organizations that promote these symbols, using sections 318-320 of the Criminal Code; and

4. Investigate cases that include promotions of those symbols by residents, businesses or organizations.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Parliamentary Secretary Gary Anandasangaree

The Criminal Code contains four hate propaganda offences: advocating or promoting genocide against an identifiable group; inciting hatred against an identifiable group by communicating in a public place statements that are likely to lead to a breach of the peace; communicating statements, other than in private conversation, to wilfully promote hatred against an identifiable group; and wilfully promoting antisemitism by denying, condoning or downplaying the Holocaust. “Identifiable group” is defined to mean any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

The Supreme Court of Canada has held that hatred means an intense emotion associated with detestation or vilification. It does not encompass material that is considered as only offensive. Whether conduct such as displaying symbols of the Nazis, the KKK or the Confederate States of America falls within the scope of any of these hate propaganda offences depends on the facts and circumstances of the particular case. The Government is committed to ensuring that the Criminal Code’s hate propaganda offences remain relevant while complying with the Canadian Charter of Rights and Freedoms. That is why we introduced amendments to the Criminal Code to create a new offence of wilfully promoting antisemitism by denying, condoning or downplaying the Holocaust. Parliament recently enacted this amendment.

In Canada, each level of government has autonomy to act within its jurisdiction. The Parliament enacts criminal law, which is then administered by the provinces. The administration of justice includes the prosecution of Criminal Code offences, including the hate propaganda offences. The investigation of whether an offence of hate propaganda has been committed is the responsibility of law enforcement officials of the jurisdiction where the offence was committed.

Presented to the House of Commons
Ali Ehsassi (Willowdale)
June 22, 2022 (Petition No. 441-00632)
Government response tabled
September 20, 2022
Photo - Ali Ehsassi
Willowdale
Liberal Caucus
Ontario

Only validated signatures are counted towards the total number of signatures.