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Mustafa Farooq
View Mustafa Farooq Profile
Mustafa Farooq
2021-06-16 16:18
Thank you, Mr. Chair and members of the committee, for providing us the opportunity to offer our thoughts on your study of ideologically motivated violent extremism in the aftermath of the London terror attack.
My name is Mustafa Farooq. I am a lawyer and the CEO of the National Council of Canadian Muslims. I'm joined today by my colleague Sameha Omer, the director of legal affairs for the council.
By way of background, NCCM was founded as an independent, non-partisan and non-profit grassroots organization dedicated to defending the human rights and civil liberties of Muslim communities living in Canada. For almost two decades, we have been a leading voice in the promotion of human rights in Canada, working tirelessly in the areas of community education and outreach, media engagement and public advocacy, and challenging discrimination and Islamophobia.
With the independently documented rise in hate, racism and Islamophobia faced by our communities, we are here today because we are greatly concerned about public safety. I think this came to a clear head for me personally when over the weekend I introduced members of the Quebec City mosque to members of the London Muslim community at the funeral of the Afzaal family, and then drove back to Toronto to try to attend a vigil at the IMO mosque in Etobicoke.
The reality is that something has gone terribly wrong in this country. The reality is that while I was preparing for this committee last night, I was also at the IIT, the Islamic Institute of Toronto, after two individuals yesterday threatened to bomb the centre after attempting to break in. We were also reaching out to a Black Muslim woman allegedly assaulted in Edmonton. We were also in conversation with the Baitul Hadi centre in Edmonton, which had a swastika drawn on it.
On the evening of January 29, an armed male entered the CCIQ in Quebec. He gunned down six Muslim worshippers and injured several more in a terrorist attack targeting a masjid and the Muslims inside it. The victims were Ibrahima Barry, Azzedine Soufiane, Aboubaker Thabti, Khaled Belkacemi, Mamadou Tanou Barry and Abdelkarim Hassane. In an instance of hate and violence, their earthly presence was taken from us in what remains the worst attack on a house of worship on Canadian soil in modern history.
On the evening of September 12, 2020, a man with alleged links to a white supremacist group, the O9A, walked onto the parking lot of the IMO mosque in Etobicoke and slit the throat of Mohamed-Aslim Zafis. I saw his body that night in the parking lot—even as I had met him that year handing out food to the poor in the worst of the COVID-19 epidemic.
On June 7 a family was run down in London by an accused with alleged hate-based motivations. Terrorism charges have now been brought against the accused. I will read the names of the deceased into the record: Salman Afzaal and his mother, his wife Madiha Salman, and their daughter Yumna. Before leaving London, I met the young child, the sole survivor of the attack. I don't really have words to fully describe what that meant.
We are here today because white supremacist, violent Islamophobic, neo-Nazi and alt-right groups are growing precipitously. They're becoming bolder, whether it's groups like the Soldiers of Odin surveilling a mosque in B.C., a group calling itself “The Clann” intimidating worshippers at Canada's oldest mosque in Edmonton, groups like La Meute in Quebec, or the groups that are now planning celebrations of the London terror attack in Ontario. This list excludes all the other things I was dealing with yesterday. Amongst others, in Calgary a woman wearing a burka was allegedly accosted. As my colleague Sameha can tell you, this is pretty much a consistent occurrence for us. We get these calls 365 days a year.
My submissions before you today are squarely around how we can dismantle white supremacist and neo-Nazi groups that first act as a major source of incitement and enabling of hate, xenophobia and violence against certain segments of the public, including members of the Muslim community. I will also note that our colleagues who join us today from CIJA, in tandem with dozens of leading Canadian organizations, joined with us last year in our call for more action on white supremacist groups,
In the interest of time, I'll dive right into the recommendations that we want to highlight before this committee. These key recommendations and approaches are ones that we will further discuss at the National Action Summit on Islamophobia, which I appreciate also had important bipartisan support. From our perspective, these need to be undertaken in order to dismantle the immediate challenges around white supremacist groups in Canada.
First of all, we believe that existing Criminal Code provisions, especially the terror-listing provisions of the ATA and section 70 of the Criminal Code, should be used to dismantle groups like the Three Percenters. Even as this government utilized current legislative options in dismantling white supremacist groups, such as Blood & Honour, Combat 18, the Proud Boys, we believe that the tools already exist in the Criminal Code to list terrorist groups and to disband militias. These provisions need to be used to deal with the other 250-plus white supremacist organizations in Canada.
Section 70 of the Criminal Code, for instance, deals with prohibiting assemblies of persons for the purpose of “training or drilling themselves”, “being trained or drilled to the use of [firearms]” or “practising military exercises”. This could be used to prevent the actions of groups and the mobilization of groups like the Three Percenters. When we're talking about ideologically motivated violent extremism, we need to recognize that there are already existing provisions in the Criminal Code that can be used to dismantle some of these groups.
Secondly, we recommend the addition of new legislative listing provisions to the Criminal Code that specifically list white supremacist groups as white supremacist groups. Groups like the Soldiers of Odin may not meet the high threshold of being a listed terrorist entity and are not a militia, but these groups provide significant threats to Canadian Muslim communities. Like the organization that is planning on hosting a celebration of the London terror attack, there's no reason for these groups to be allowed to continue to exist, congregate, mobilize, plan their hate in Canada.
Mustafa Farooq
View Mustafa Farooq Profile
Mustafa Farooq
2021-06-16 16:26
Thirdly, I think we need to see robust online hate regulation that is balanced and that ensures the protection of civil liberties through consultation with the best experts in Canada and internationally.
Lastly, we'd like to see a review on how national security agencies have been dealing with neo-Nazi and white supremacist groups.
I also note that we will be providing a brief and follow-up to expand further on the recommendations.
Thank you.
Shimon Koffler Fogel
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Shimon Koffler Fogel
2021-06-16 16:27
Thank you, Mr. Chair, along with the members of the committee, for inviting our participation in this important discussion. My name is Shimon Fogel. I'm the president and CEO of the Centre for Israel and Jewish Affairs, the advocacy agent of the Jewish federations across Canada. We're a national non-partisan, non-profit organization representing more than 150,000 Jewish Canadians affiliated through Jewish federations from coast to coast. Our mission is to preserve and protect the quality of Jewish life in Canada through advocacy.
For Canada's Jewish community, the conversation about ideologically motivated violent extremism is inextricably linked with anti-Semitism. As I speak, Jewish Canadians are facing a dangerous rise in anti-Semitism across the country, and indeed, around the world. The UJA Federation of Greater Toronto, an organization that closely monitors the security situation of the Jewish community in the GTA, reported a fivefold spike in anti-Semitic incidents last month compared to previous months this year. In May, individuals who attended a peaceful pro-Israel rally in Montreal were pelted with rocks. Police seized weapons and made 15 arrests, including for armed assault. In April in Victoria, the words “Kill the Jews” and “Gas the Jews” were spray painted on a Jewish community institution. We too observed swastikas and Nazi symbols on banners at anti-Israel rallies in multiple cities. Jewish businesses were targeted across Canada, either by vandals or for boycotts.
In Canada, no one should ever feel that they're at risk in their own neighbourhood. No one should feel the need to hide their identity. No Canadian should be made to feel they do not belong, yet we have community members who are thinking twice before wearing a kippah or a Star of David necklace in public. This isn't the Canada we know or want.
In 2019, the most recent year for which Statistics Canada data are available, Jews were the most targeted religious group for police-reported hate crimes, and targets of the second-most-police-reported hate crime overall. On average, an anti-Semitic incident happens pretty much every day of the week, 365 days of the year. Comprising only less than 1% of the Canadian population, Jewish Canadians accounted for 16% of all victims of hate crimes in 2019, a trend repeated year after year. This should be of grave concern to all Canadians.
Anti-Semitic incidents are also occurring online, in troubling numbers, where anti-Semitism and ideological extremism percolate and pose a threat to the well-being of all Canadians. As social media has become central to our daily lives, racist, xenophobic, misogynistic, anti-authoritarian and other hate-filled groups are exploiting platforms such as YouTube, Facebook, TikTok, Twitter and Instagram to spread their toxic ideals, often targeting our children and young adults. These vile groups are also active on Parler, 8chan and in other dark corners of the Internet, where they promote their hatred, radicalize and recruit Canadian youth.
We know from experience that this toxicity spread online can and too often does have real-world consequences. Online activities spurred murders of Jews in Pittsburgh and Muslims in Christchurch. The Pittsburgh shooter reportedly posted more than 700 anti-Semitic messages in hate-filled online communities over nine months prior to the attack. The Christchurch shooter's livestreaming of the killings was a means of promoting and inciting more such heinous acts.
While we welcome the addition of the Proud Boys to the list of terrorist entities, we believe more needs to be done. For some time, we have strongly encouraged the Government of Canada to list both the Iranian Revolutionary Guard Corps, in its entirety, and Samidoun, a PFLP-affiliated organization that operates right here in Canada.
However, we must disabuse ourselves of the idea that radicalization happens only with the support of an organized group. The proliferation of online content has empowered the so-called lone wolf. Radicalization can manifest remotely, circulating in chats and forums without the direct support or coordination of an organized group. This new threat also makes it even more difficult for police and security services to track suspicious activity. From what we understand of the horrific tragedy in London, the murderer acted independently and may have been radicalized as a lone wolf. The same is true of the 2018 Toronto van attack.
Anti-Semitism is not associated solely with ideologically motivated violent extremists. While Jew hatred is central to many xenophobic belief systems such as neo-Nazism and white supremacy, anti-Semitism is also a key component in both religiously motivated violent extremism and in politically motivated violent extremism. Anti-Semitism is a hatred that does not live in a single category. It finds purchase in all three.
What most people may not appreciate is that anti-Semitism is a threat not only to Jews, but also to all Canadians and to our way of life. Combatting anti-Semitism benefits all of us, and we need to call it out whenever and wherever we see it, because what starts with Jews never ends with Jews.
Jewish Canadians value our just, liberal democratic society. There has been a lot of discussion about the role of law enforcement. From our perspective, we believe a well-educated and a well-resourced police force is an essential component in flighting hate crime.
Let me conclude, therefore, by providing five recommendations for the committee's consideration.
First, we recommend that law enforcement be given the tools they need to combat hate and radicalization, including bolstering existing police hate crime and community liaison units, and providing funding to establish new units where they do not yet exist. This includes increasing resources for security services to monitor, track and protect Canadians from online radicalization.
Second, we recommend increasing resources for law enforcement, Crown attorneys, judges and others to ensure they receive sufficient training on the importance of combatting online hate.
Third, we also recommend strengthening legislation to combat online hate, including developing a multipronged approach to raise awareness of online hate, adopting civil remedies to combat online hate, and establishing requirements for online platforms and Internet service providers for monitoring and addressing online hate on their own platform.
Fourth, we believe that funding for the security infrastructure program, SIP, should be increased. This program allows at-risk private not-for-profit organizations, such as places of worship and educational institutions, to enhance their security. To quickly illustrate the value of the program, a security guard at Congregation Shaar Hashomayim in Montreal was able to thwart an arson attack on the synagogue because of the surveillance cameras funded in part by the program.
Finally, we recommend Canada establish a community institution security rebate. As one of the groups most targeted by hate-motivated crime, Jewish institutions spend millions of dollars every year on security personnel. We recommend that the federal government implement a security rebate for at-risk places of worship, schools and community centres.
In conclusion, Mr. Chair and committee members, even though the Jewish community is resilient, we too feel vulnerable at the moment and we are respectfully asking you to take action. What we have proposed will not only serve the Jewish community, but it will benefit all Canadians. History has taught us repeatedly that if left unchecked, the toxin of anti-Semitism can poison all of us.
Thanks for inviting me here today.
View Taylor Bachrach Profile
NDP (BC)
Thank you, Mr. Chair.
I have a question for Dr. MacDonald regarding enforcement. We've just been completing a study on the enforcement of the Canadian Environmental Protection Act. Through that study, we have discussed some really concerning barriers that citizens and groups face in pursuing enforcement of the act.
Could you speak to enforcement, in the context of the bill we're discussing today? How could it potentially be strengthened to give citizens or communities better access to redress?
Elaine MacDonald
View Elaine MacDonald Profile
Elaine MacDonald
2021-06-16 17:21
The biggest barrier is probably the cost issue, the risk of adverse costs, even the cost of hiring a lawyer to access the courts. Certainly, in our experience at Ecojustice Canada, we do many litigations, and in Canada it's the cost risk.
It's not as bad, I must say, in Federal Court as it is in some provincial courts, but the cost risk is certainly an issue for many individuals and small communities that just don't have the funds. It's absolutely the biggest barrier to bringing something before the courts. That's why we suggested a kind of easy, low-risk tool that would waive costs unless the case was vexatious, for example.
There is an environmental protection action provision in the Environmental Protection Act, which we've looked at, and we have some concerns with that. It's never been used, because it creates many barriers when it's used. For example, it requires a person to request an investigation of government first, and then get a response from the minister, who's unresponsive, or no response at all. They can then move into taking this on, but once again the cost risk is really the major barrier that I see there in terms of taking that on.
View Taylor Bachrach Profile
NDP (BC)
I think the follow-up would be that, in looking at the contents of this bill, does this concept of enforcement have any real bearing in this legislation in the same way that it does in CEPA, for instance, or is the main thrust of this bill not in a direction that would allow citizens to really seek that redress through the courts?
Elaine MacDonald
View Elaine MacDonald Profile
Elaine MacDonald
2021-06-16 17:23
Our recommendation in terms of enforcement went with the recommendation with respect to a federal obligation to ensure the government doesn't perpetuate environmental racism. Should the federal government fail to meet that obligation, it would give citizens a tool in order to enforce that obligation on the government. The two would go together, hand in hand.
View John Barlow Profile
CPC (AB)
View John Barlow Profile
2021-06-15 15:46
Thank you, Mr. Chair. Thank you, Ms. Pritchard. Don't feel any pressure whatsoever that you are literally in the spotlight for the next hour. Certainly, it's great to have somebody with your experience and knowledge in this field to provide us with some great insights.
I wanted to touch on some of the things we've heard so far and to get your opinion on what you feel is possible. We heard from CFIA officials that Bill C-205 would be difficult to implement and enforce due to current resources.
You talked about the avian flu that was in the Fraser Valley in 2014, and we've seen the impact of BSE and the concerns with African swine fever. I also kind of tie it back to COVID, where, if we've learned anything, it's that when you prioritize something from government officials and they're given the right direction and adequate resources, you can overcome some obstacles.
Do you feel that with the right resources, and understanding the potential risk that is there with the right priorities, Bill C-205 could be implemented and enforced?
Jane Pritchard
View Jane Pritchard Profile
Jane Pritchard
2021-06-15 15:48
Certainly, I am not an expert in saying what resources the CFIA have or don't have available to them. In my personal interpretation, reading the bill through, as a person who has supported the development of regulation and continues in a career that regulates, I guess there are a couple of ways of looking at it.
If I was writing the guiding notes on this, and someone was putting together the regulation, I think it could be interpreted that as long as the person who has entered the premises, or the enclosed space or building, did not follow the required biosecurity processes for that building, then they have broached the biosecurity.
For all the industries I've worked with, every barn has a standard. If you don't follow that standard, then, essentially, to me, you are broaching it.
If there's also a trespass, an undocumented trespass, the CFIA wouldn't be documenting the trespass. The biosecurity issue could be addressed quite simply by whether protocols were followed or not followed.
View John Barlow Profile
CPC (AB)
View John Barlow Profile
2021-06-15 15:49
Thank you for that.
I want to go back to the last comment you made in your introduction about these acts being nothing short of cruel, and that you want to support anything that would address the stress, mental health and anxiety issues that this has on a farm family and processors, but also on the animals themselves.
How important is it, Dr. Pritchard, in your opinion and in your experience, that the federal government show some leadership here and have this type of legislation that would, if anything, act as a deterrent and show those activist groups that there are consequences when they do not follow biosecurity protocol and they cross that line, going onto private property and into enclosed spaces to do this unlawful activity? How important is it for the federal government to show leadership here and have those deterrents in place?
Jane Pritchard
View Jane Pritchard Profile
Jane Pritchard
2021-06-15 15:50
I have two things, really. One, having the additional federal legislation always helps, because federal trumps provincial. Showing that there is clear support at the federal level always helps as a provincial enforcer. It's always helped to have that backup.
The other part of it, though, is that the federal legislation piles on, so there is an additional deterrent that's brought in. Also, my experience with developing national policy versus provincial policy is that it's always better to have something where it doesn't change from province to province, so there is no excuse that, “Oh, well, it was different in B.C., so I was unaware.”
That “I was unaware” excuse is something that provincial legislatures sometimes face, because people have crossed jurisdictions and there isn't a consistency between them. Certainly, with animal welfare and animal health, we really appreciate anything that develops consistency across the provinces.
View Yves Perron Profile
BQ (QC)
Thank you.
Let me go back to the enforcement of provincial legislation. According to a number of witnesses, it seems that having to prove damages also makes enforcing the legislation difficult. That would be one of the strengths of Bill C‑205. It would remove that burden. If I understood your opening statement correctly, you could start from the simple fact that the required protocols had not been followed. Since an offence would already have taken place, that would remove the burden of proof.
Did I understand you correctly?
Jane Pritchard
View Jane Pritchard Profile
Jane Pritchard
2021-06-15 16:04
I spend all day reading regulation and trying to figure out how to enforce it. Being reckless as to whether entering such a place could result in the exposure of animals to a disease or toxic substance means.... To me, if you're not following the protocols, it could.
I feel that the burden of proof is not to show that a disease was transmitted but that it could have been transmitted. I feel that the bar for burden of proof is much lower.
View Yves Perron Profile
BQ (QC)
Okay, thank you very much.
Earlier, you said that you are not an expert on the resources of the Canadian Food Inspection Agency. Do you believe that there can be an effective partnership with local police forces at a certain point, whereby they could simply document the offence?
Jane Pritchard
View Jane Pritchard Profile
Jane Pritchard
2021-06-15 16:05
Very quickly, when I have spoken to the RCMP, certainly in the Fraser Valley, the officers wish to have that kind of a relationship, but there are not a lot of resources for them to develop that expertise and support.
Definitely we all work together when we have disease outbreaks. I am sure there is a way of doing it.
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