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Saying Israelis are ‘legitimate targets’ not a hate crime

If committing a “hate crime” was the only thing liberals accused conservative folks of when we dare say something negative about liberals changing the definition of “family” to allow gay ‘marriage’… 

Just as an example, here’s the text of an actual email I recieved yesterday, from, shall we say, not a conservative:

YOU WILL DIE SHORTLY!

Just to be sure, I recieved it about eight times.

But anyway, here’s the National Post’s take on the police decision regarding the Mohamed Elmasry not-hate not-crime:

Police have decided not to charge a controversial Muslim leader under Canada’s hate-crime laws for suggesting on a television talk show last fall that all adult Israelis are “legitimate targets” for Palestinian terrorists.

Investigators with Halton Region police said that while the comments by Dr. Mohamed Elmasry “were described by many as [a] hate crime,” they did not meet the legal definition.

“Although the comments would be considered distasteful to many, in this context they do not constitute a criminal offence,” police said in a news release. “The comments were made during a free-flowing discussion between subject-matter experts who were encouraged to express their opinions openly on a topic of significant public interest.”

Though I’m not a lawyer, I don’t know if I agree.  Here’s the text from the pertinent Canadian Law:

Hate Propaganda

318. (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

(2) In this section, “genocide” means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,

(a) killing members of the group; or

(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.

(4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.

R.S., 1985, c. C-46, s. 318; 2004, c. 14, s. 1.

319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

(3) No person shall be convicted of an offence under subsection (2)

(a) if he establishes that the statements communicated were true;

(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;

(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or

(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada. […]

Joel Johannesen
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