TORONTO, July 8 /CNW/ - Ontario Provincial Police (OPP) have charged a Mississauga man under a seldom-used section of the Criminal Code of Canada governing hate crimes.
At a news conference in Toronto, Commissioner Julian FANTINO and members of the Provincial Operations Intelligence Bureau's Hate Crimes Extremism Unit outlined details of the charges against 25-year-old Salman An-Noor HOSSAIN. A five-month investigation revealed that a website and blog operated by Mr. HOSSAIN contained information that, among other things, wilfully promoted hatred and advocated genocide of the Jewish community.
Mr. HOSSAIN is charged with:
- Wilfully promote hatred against an identifiable group, Section 319.2 - three (3) counts - Advocate or promote genocide against an identifiable group, Section 318.1 - two (2) counts
One of the counts of wilfully promote hatred against an identifiable group involved information placed by Mr. HOSSAIN on a third-party website.
"Canada's Charter of Rights and Freedoms includes the right to freedom of speech and freedom of assembly," said OPP Commissioner Julian FANTINO. "But we must not stand idly by when these rights are used as a shield to promote hatred against any community."
"This complex investigation is a tribute to the commitment of members of the Hate Crimes Extremism Unit," added Deputy Commissioner Vince HAWKES, Provincial Commander of Investigations and Organized Crime. "The OPP is confident we'll continue to find those responsible for committing any act motivated by hate and bring them to justice."
Representatives of the Canadian Jewish Congress and B'nai Brith Canada were also in attendance.
www.opp.ca Follow us on Twitter at: www.twitter.com/OPP_News BACKGROUNDER Hate Crime in Legislation Criminal Code of Canada ----------------------- - In the Criminal Code of Canada, a Hate Crime is: "A criminal offence committed against a person or property motivated solely, or in part, upon the race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, or sexual orientation." - A hate incident involves behaviour that, though motivated by bias or prejudice, is not a criminal act. A hate incident becomes a crime when it directly incites others to commit violence against groups, or if it places a potential victim or group in fear for their safety. - Hate propaganda is any written, verbal or electronic material that advocates or promotes genocide, or makes statements that are likely to promote hate against any identifiable group. - Religious mischief is a relatively-new offence in the Criminal Code identifying hate-motivated mischief toward religious property. - Upon sentencing, there are provisions in the Criminal Code that call for an increased sentence when hate is determined to be an aggravating circumstance. Relevant Sections of the Criminal Code of Canada Relating to Hate Crime ------------------------------------------------ Advocating genocide ------------------- 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. Definition of "genocide" (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. Consent (3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General. Wilful promotion of hatred -------------------------- 319. (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. Consent (6) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General. UN Universal Declaration of Human Rights (1948) ----------------------------------------------- - The Universal Declaration of Human Rights (1948) was adopted by the United Nations' General Assembly in 1948 in the aftermath of the abuses of the Second World War. 2010 marks its 62nd anniversary. - Included in the Declaration are two rights that are directly relevant to policing and the OPP Hate Crime/Extremism Unit: - The right to be equal before the law and not to be discriminated against; and - The right to freedom of expression, peaceful assembly, and association. BACKGROUNDER OPP Hate Crimes/Extremism Unit (HCEU) - The Hate Crimes/Extremism Unit is part of the Provincial Operations Intelligence Bureau whose mandate it is, in part, to anticipate, monitor and assist in the prevention and disruption of criminal activities with respect to identifiable persons or groups. - The OPP established a Hate Crime Unit in 1996. In response to the 9/11 attacks, the name was changed to Hate Crime/Extremism Unit and additional resources were assigned. - The OPP Hate Crime/Extremism Unit is mandated to: - Provide investigative support to OPP detachments and municipal police services that are investigating incidents or crimes motivated by hate or extremism. - Collect, evaluate, collate, analyze, disseminate and effectively use intelligence on targeted activities; - Facilitate the exchange of information with other law enforcement and government agencies; - Contribute to and maintain a database of relevant intelligence; - Assist in training law enforcement officers to identify and investigate hate crimes; and - In partnership with other police services and justice sector partners, raise awareness of hate crimes and work toward solutions to prevent hate crimes. - The OPP Hate Crime/Extremism Unit has provided intelligence support and investigative guidance on several high-profile hate crime investigations. - The most recent high-profile case the OPP Hate Crime/Extremism Unit has been involved in is the assaults on Asian-Canadian anglers in Central Ontario (Peterborough-Lindsay and in York Region). - For more information, visit www.opp.ca BACKGROUNDER Hate Crime Working Group - The OPP Hate Crime/Extremism Unit has been an active member of the Hate Crime Working Group which was formed in 2008. - In May 2005, the Ontario government announced the creation of the Hate Crime Community Working Group. The group was mandated to recommend ways to better address hate crimes, improve services for victims, prevent further victimization, and identify ways to educate police and the public about hate crimes. - In December 2006, the Hate Crime Community Working Group released its report, which made approximately 96 recommendations directed across government ministries, including the Ministry of Community Safety and Correctional Services. - The Ministry of Community Safety and Correctional Services is a member of the Inter-ministerial Committee and has developed a number of initiatives in response to this report, including working with the Public Service Alliance of Canada (PSAC) to form the Hate Crimes Working Group in 2008. - The Hate Crime Working Group will review the recommendations and identify initiatives and/or programs that would respond to those that have an impact on the policing community.
For further information: Sgt. Pierre Chamberland, Media Relations Coordinator, Phone: (705) 329-6878
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