July 29, 2002
For purposes of sentencing under the Criminal Code of Canada, section 718.2(a)(ii) states: "evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any similar factor shall be deemed to be an aggravating circumstance".The purpose of this section, as with all hate crimes legislation, is to show society’s abhorrence to biased based crime while acting (supposedly) as a deterrent to hate motivated behaviour. But these laws can do more harm than good as was illustrated after the recent murder of David Rosenzweig.
Rosenzweig, a Hasidic Jew who wore a kippa, was standing outside a Jewish pizza restaurant near Lawrence and Bathurst, a predominately Jewish area of Toronto. A young male, described as a skinhead, ran out of the restaurant brandishing a knife and stabbed David Rosenzweig once through the back. Rosenzweig, who was facing the other way, and unknown to the alleged killer, succumbed to his injuries shortly afterwards. The suspect, later identified as Christopher Steven McBride, 20, was accompanied by another male and a dark skinned woman. The three had been in the restaurant where McBride allegedly went from table to table asking patrons "are you looking at me?"
Based upon this information, the crime appeared to be hate motivated. It was denounced by the Jewish community and others as well as described as a hate crime by the media. Even the prime minister, usually silent when acts of anti-Semitism are involved, denounced the crime. But the reluctance of the police to call the murder a hate crime caused upset within the Jewish community.
As the police investigation continued more information came to light that indicated that it was perhaps not a hate crime. The alleged murderer was staying with a friend who lived across the street from the restaurant where the fatal attack took place. Earlier that night the accused McBride had been in the area of the restaurant, asked someone where he could find some marijuana and was given erroneous information. Enraged by not being able to obtain the drugs, he returned home, grabbed a knife and returned to the restaurant with his girlfriend and a third male.
Toronto Police Chief Julian Fantino gave several press conferences defending his force’s decision that, while they were still investigating, they did not have evidence that the incident was hate crime. Almost lost in the debate concerning McBride’s motives was the fact that the police made quick arrests. Two reasons given by Fantino as to why the crime was not a hate crime were that McBride had a black girlfriend and although he had tattoos, they did not indicate membership in recognized hate group. This gave the impression to some in the Jewish community that the police were looking for reasons not to label the crime as one of hate. After all, a person can have a black girlfriend and still be a "Jew hater". But it’s not enough to be a hate crime - there has to be evidence. The whole "hate crime" exercise accomplished nothing but divide people
If McBride is convicted of first degree murder, the sentence is mandatory and it will not be open to the judge to apply aggravating circumstances. If convicted of a lesser offence, the court has the discretion to consider the circumstances of the offence in sentencing and can use hate motivation as an aggravating factor in the absence of specific legislation.
In the investigation of David Rosenzweig’s murder, all that section 718.2 of the Code accomplished was to make some members of the community, one of whose members may have been the victim of a hate crime, become distrustful of the police. But the politically correct proponents of hate crimes legislation "feel good". That’s all that matters.
Arthur Weinreb can be reached at: aweinreb@interlog.com
Pursuant to Title 17 U.S.C. 107, other copyrighted work is provided for educational purposes, research, critical comment, or debate without profit or payment. If you wish to use copyrighted material from this site for your own purposes beyond the 'fair use' exception, you must obtain permission from the copyright owner. Views are those of authors and not necessarily those of Canada Free Press. Content is Copyright 1997-2024 the individual authors. Site Copyright 1997-2024 Canada Free Press.Com Privacy Statement