Toronto — Following a recent court ruling on the case of a school based assault, B'nai Brith Canada is urging the Attorney General to review its guidelines for imposing enhanced sentences in hate motivated crime cases. A Winnipeg high school student pleaded guilty to assault with a weapon. During the incident the student called out "Let's Burn the Jew" while holding on to a lighter which burned the hair of the female victim.
"It is a disappointing decision that makes no sense in the face of the facts and the troubling situation that apparently prevailed in the school,” said Frank Dimant, CEO, B’nai Brith Canada. “The finding is disappointing in the sense that it muddies the waters of hate crime legislation while giving a most unfortunate license to those that hate and bully -- particularly in the school system. The defendant, in shouting "Let's Burn the Jew" while assaulting the victim, clearly showed that his animus was inspired by antisemitism. If this doesn't meet the test for sentencing enhancement few things do.
“The reasoning of both the prosecutor and the judge is disconnected from the reality of hatred and indeed, of life. Hatred is an emotion and like all emotions it is typically impulsive and unplanned. While hatred may, of course, in some contexts, require planning before acting, the notion of hate motivated crimes in the Criminal Code is not limited to those crimes which are planned in advance. There is nothing in the Code to suggest such a limitation. The prosecutor and court seem to think that a dish is only hatred if it is served cold. Yet hatred is a dish which can be and is most often served hot.
“This is a case that should be reviewed on appeal, however the Attorney General should take the opportunity to review and reject the policy approach taken by the Crown and adopted by the Judge in this case at once.”
