Jan 19, 2005 - Canadian Jewish Congress, Pacific Region Statement on "The Miracle" decision
VANCOUVER, JANUARY 19, 2005 - Canadian Jewish Congress, Pacific Region (CJCPR) has learned that Crown Counsel has decided not to lay charges against the publisher of the Delta newspaper “The Miracle”. In January 2004, CJCPR turned over copies of the newspaper which contained a venomously antisemitic article to the B.C. Hate Crime Team for investigation as violating the anti-hate provisions of the Criminal Code. CJCPR brought this legal issue to the Crown Counsel and was named as the complainant in this case.
CJCPR Chair Mark Weintraub stated, “The Miracle newspaper article was a hate filled attack on the Jewish community, penned by a notorious American anti-Semite. Its publication was unequivocally denounced by the mainstream Muslim community; even the publisher responsible for the publication subsequently expressed remorse. CJCPR turned over this hate-filled material to the Provincial Hate Crime Team for a determination as to whether charges should be recommended under the incitement to hatred sections of the Criminal Code. The Crown has advised CJCPR that after due investigation and deliberation, it was determined that while the article was obviously hate propaganda and could not be defended as any form of legitimate comment, it would be difficult to obtain a conviction for incitement on various legal grounds.
“CJCPR fully appreciates that where material is published which is antisemitic, racist and hate filled, investigation of the manner of dissemination of such material may lead Crown Counsel to conclude that the strict requirements of the incitement provisions have not been met and that criminal prosecution is therefore not appropriate. CJCPR has and will continue to have “zero tolerance” for all forms of hate and bias, including publication of hate propaganda. CJCPR will continue to be vigilant in confronting such acts and in reporting suspected hate crimes whenever they occur so that the criminal justice system may take its rightful course.
“CJCPR is confident in B.C.’s Hate Crime team; it is a most needed specialized force in the Province. Hate crimes undermine the very fabric of our diverse and free society and have as their motivation and backdrop the terrorization of an entire community. As such, they need specialized skills and different responses than crimes which are random or intended to strike at one individual. CJCPR will continue to advocate for the Hate Crime Team to be supported and funded in a manner which recognizes the important role which it fulfills in our community.”
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Contact:
Erwin Nest, Executive Director
Suite 201-950 West 41st Avenue
Vancouver, BC V5Z 2N7
Phone: 604-257-5101
Fax: 604-257-5131
E-mail: erwinn@cjc.ca
http://www.cjc.ca/template.php?action=news&story=683
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