Éditorial | Qui doit fixer les limites de la liberté d’expression?

Sensible approach rather than simply cancelling:

…Il n’y a pas de place pour le discours haineux dans le début public. Quiconque incite à la haine contre un groupe identifiable est passible d’accusations criminelles. Il existe une exception — et non la moindre — protégeant de poursuites une personne qui a exprimé de bonne foi une opinion sur un sujet religieux ou en se fondant sur un texte religieux auquel il croit. Cette exemption a suscité de vives critiques du chef du Bloc québécois, Yves-François Blanchet, qui n’a pas été en mesure de convaincre Ottawa d’agir pour refermer cette « brèche complaisante ».

Le cadre juridique canadien résiste à la tentation de faire une hiérarchie des droits constitutionnels ; ils sont plutôt en concurrence permanente les uns par rapport aux autres. En matière de liberté d’expression, les tribunaux ont reconnu à maintes reprises que ce droit englobait les idées impopulaires ou offensantes, et les propos qui choquent ou qui dérangent. La barre est très haute pour entrer dans la catégorie du discours haineux.

Peut-être que Sean Feucht a dépassé les limites. Si c’est le cas, il faudra agir aussi contre les rappeurs et les influenceurs masculinistes qui véhiculent les pires clichés misogynes. Il faudra sans doute inspecter les églises, les mosquées et les synagogues pour y débusquer les prêcheurs outranciers qui pourraient cracher contre le vent de la modernité. Il nous faudra une police de la pensée, bien rodée et bien financée, car l’ouvrage ne manquera pas.

Il y avait une autre façon de gérer le dossier de Sean Feucht, en utilisant les outils en place : porter plainte à la police, faire une enquête en bonne et due forme, s’en remettre à la norme du contrôle judiciaire pour séparer ce qui relève de la liberté d’expression et du discours haineux. En se faisant à la fois juges et parties de la situation, les autorités municipales et policières ont foulé ces principes d’une façon dérangeante, qui a plus à voir avec la culture de l’annulation qu’avec la protection des libertés civiles.

Source: Éditorial | Qui doit fixer les limites de la liberté d’expression?

… There is no place for hate speech in the public opening. Anyone who incites hatred against an identifiable group is liable to criminal charges. There is an exception – and not the least – protecting from prosecution a person who has expressed a good faith opinion on a religious subject or based on a religious text in which he believes. This exemption was strongly criticized by the leader of the Bloc Québécois, Yves-François Blanchet, who was unable to convince Ottawa to take action to close this “complacent breach”.

The Canadian legal framework resists the temptation to make a hierarchy of constitutional rights; rather, they are in permanent competition with each other. In terms of freedom of expression, the courts have repeatedly recognized that this right encompasses unpopular or offensive ideas, and remarks that shock or disturb. The bar is very high to enter the category of hate speech.

Maybe Sean Feucht has crossed the line. If this is the case, it will also be necessary to act against rappers and masculinist influencers who convey the worst misogynistic clichés. It will probably be necessary to inspect churches, mosques and synagogues to flush out the outrageous preachers who could spit against the wind of modernity. We will need a police of thought, well-honed and well-funded, because the work will not be lacking.

There was another way to manage Sean Feucht’s case, using the tools in place: file a complaint with the police, make a proper investigation, rely on the norm of judicial control to separate what is freedom of expression and hate speech. By making themselves both judges and parties to the situation, the municipal and police authorities have trampled on these principles in a disturbing way, which has more to do with the culture of annulment than with the protection of civil liberties.

Islamophobia envoy says Mideast war is bringing back anti-Muslim tropes from 9/11

Hard not to disagree but she is silent on whether the nature of some of the demonstrations, their locations and the carrying Hamas related symbols likely also has played a role in reinforcing anti-Muslim tropes:

…Elghawaby spoke to The Canadian Press after the sudden retirement this month of Deborah Lyons, Canada’s special envoy on preserving Holocaust remembrance and combating antisemitism.

Lyons left her post early, saying she felt “despair” over of a growing gulf in Canadian society related to violence in the Middle East, and the failure of many Canadians to find common ground against hate.

Elghawaby said that she and Lyons worked to reinforce “the soul of Canada — a Canada where all of us, with all of our diversities, can belong and fulfil our fullest potential and feel safe to do so.”

Elghawaby said she shares Lyons’s fear that Canadians have “a sense of concern about appearing to be, for example, favouring one community over another.”

She said fighting hate means advancing the shared principle that everyone in Canada should feel safe to express their faith or political views without retribution.

“We do have rules and policies, and we have a Charter of Rights and Freedoms, and we have human-rights codes that should help be our North Star on how we navigate a time of deep social challenge, when it comes to the rise of hate toward any community,” she said.

But Elghawaby pushed back on Lyons’s claim that some Muslims have been uneasy with seeing her work to combat anti-Jewish hate.

Lyons told the Canadian Jewish News that she and Elghawaby tried to work together to counter hate, and had plans to visit provincial education ministers together.

“Neither my community, nor her community, were happy all the time to see us in pictures together,” Lyons said of Elghawaby.

Elghawaby said she’s not aware of Muslims opposing any of her work against anti-Jewish hate.

“I have had no pushback on condemning antisemitism. I have had very good conversations with members of Canadian Jewish communities,” she said.

Elghawaby said many Canadians’ discomfort with confronting the reality on the ground in Gaza is making it impossible to engage in “good faith” dialogue about a path forward.

“Many Canadians of all backgrounds do believe that there is terrible oppression happening in Palestine, that there’s an occupation,” she said. “It’s been described by human rights organizations as apartheid. Genocide scholars, and organizations have called what’s happening now a genocide.

“If we are to have true dialogue, not being able to actually name the situation as it’s being described … by human-rights organizations and experts, it means that it’s a discussion that can’t be had in in fully good faith, because of the effort to almost make invisible or erase what various Canadians are seeing or describing for themselves.”

While Elghawaby said she has no plans to quit before her term ends in February 2027, she acknowledged it’s been “very, very sad and difficult” to see the rise in hate….

Source: Islamophobia envoy says Mideast war is bringing back anti-Muslim tropes from 9/11

How to improve university EDI policies so they address Jewish identity and antisemitism

Thoughtful reflections and suggestions how EDI policies can be inclusive of Jewish identities:

According to Statistics Canada, police-reported hate crimes against Jews rose by 82 per cent in 2023.

In the months following Oct. 7, 2023 and the subsequent war in Gaza, university campuses across Canada became sites of tension, protest and divisions.

Jewish students and faculty increasingly reported feeling alone, excluded and targeted.

As our research has examined, despite these urgent realities, Jewish identity and antisemitism remain largely invisible in the equity, diversity and inclusion (EDI) frameworks of Canadian higher education.

These frameworks are meant to address the ongoing effects of historical and structural marginalization. Emerging from the four designated categories in Canada’s Employment Equity Act, EDI policies in Canadian universities tend to centre race, Indigeneity as well as gender, with limited attention to religious affiliation.

Canadian higher education’s primary EDI focus on racism and decolonization is important, given the history of exclusion and marginalization of Black people, Indigenous Peoples and people of colour in Canada. Yet, this framing inadequately addresses the historical and ongoing antisemitism in Canada.

A cross-university study of EDI policies

To understand this oversight, we conducted a content and discourse analysis of the most recent (at the time of the study) EDI policies and Canada Research Chair EDI documents from 28 Canadian universities.

Our sample included English-speaking research universities of more than 15,000 students and a few smaller universities to ensure regional representation.

We focused on how these documents referred to Jewish identity, antisemitism and related terms, as well as how they situated these within broader EDI discourses. We found that, in most cases, antisemitism and Jewish identity were either completely absent or mentioned only superficially.

Three patterns emerged from our analysis:

1. Antisemitism is marginalized as a systemic issue: Where it appears, antisemitism is generally folded into long lists of forms of discrimination, alongside racism, sexism, homophobia, Islamophobia and other “isms.” Unlike anti-Black racism or Indigenous-based racism, which often have dedicated sections and careful unpacking, antisemitism is rarely examined. While EDI policies can be performative, they still represent institutional commitment and orientation. Not specifically considering antisemitism renders it peripheral and unimportant, even though it remains a pressing issue on campuses.

2. Jewish identity is reduced to religion: When Jewishness is acknowledged in EDI frameworks, it is almost always under the category of religious affiliation, appearing as part of the demographic sections. This framing erases the ethnic and cultural dimensions of Jewish identity and peoplehood and disregards the ways in which many Canadian Jews understand themselves. The lack of understanding of Jewishness as an intersectional identity also erases the experiences of Jews of colour, LGBTQ+ Jews, and Mizrahi and Sephardi Jews.

While some Jews may identify as white, some do not, and even those who benefit from white privilege may still experience antisemitism and exclusion.

The recent scholarly study, “Jews and Israel 2024: A Survey of Canadian Attitudes and Jewish Perceptions” by sociologist Robert Brym, finds that 91 per cent of 414 Jewish respondents in the overall study believe that Israel has the right to exist as a Jewish state — a response Brym believes indicates that the respondent is a Zionist, echoing a broad definition of the term. (Three per cent of Jewish respondents opposed the view that Israel has the right to exist as a Jewish state, and six per cent said they didn’t know).

For most Canadian Jews in the study, Brym writes, “support for the existence of a Jewish state in Israel is a central component of their identity.”

But Zionism presents a challenge for EDI for several reasons. Firstly, Zionism enters into a tension with (mis)conceptions of Jews as non-racialized people within anti-racism discourses.

Secondly, some scholars and activist movements address Zionism largely as a form of settler colonialism.

While debates over the historical sources of Zionism and their political implications are legitimate and evolving, the danger arises when debates shift to embodying and targeting Jews as individuals. Furthermore, “anti-Zionist” discourses, often amplified in student protests, risk flattening the diversity that exists under the Zionist identification.

3. Pairing antisemitism and Islamophobia: In the EDI policies we examined, antisemitism is rhetorically paired with Islamophobia: In nearly every case where antisemitism was mentioned, it was coupled with Islamophobia. This rhetorical symmetry may be driven by institutional anxiety over appearing biased or by attempts to balance political sensitivities. Yet it falsely implies that antisemitism and Islamophobia are similar or are inherently connected.

While intersectional analysis of antisemitism and Islamophobia can yield insight, this pairing functions as an avoidance mechanism and a shortcut.

Failure to name, analyze Jewish identity

The erasure of antisemitism from EDI policies affects how Jewish students and faculty experience campus life. Jews may not be marginalized in the same way as other equity-seeking groups, yet they are still deserving of protection and inclusion.

The EDI principle of listening to lived experiences cannot be applied selectivity. Jewish identity is complex, and framing it narrowly contributes to undercounting Jewish people in institutional data and EDI policies. Simplistic classifications erase differences, silence lived experiences and reinforce assimilation.

By failing to name and analyze Jewish identity and antisemitism, universities leave Jewish members of the academic community without appropriate mechanisms of support. The lack of EDI recognition reflects and reproduces the perceptions of Jews as powerful and privileged, resulting in a paradox: Jewish people are often treated as outside the bounds of EDI, even as antisemitism intensifies.

The question of Jewish connection to Israel or Zionism introduces another layer of complexity that most EDI policies avoid entirely. While criticism of Israeli state policies is not antisemitic, many Jews experience exclusion based on real or perceived Zionist identification. Universities cannot afford to ignore this dynamic, even when it proves uncomfortable or politically fraught.

What needs to change

If Canadian universities are to build truly inclusive campuses, then their EDI frameworks must evolve in both language and structure.

First, antisemitism must be recognized as a form of racism, not merely religious intolerance. This shift would reflect how antisemitism has historically operated and continues to manifest through racialized tropes, conspiracy theories and scapegoating.

Second, institutions must expand their data collection and demographic frameworks to reflect the full dimensions of Jewish identity: religious, ethnic and cultural. Without this inclusion, the understanding of Jewish identity will remain essentialized and unacknowledged.

Third, Jewish voices, including those of Jews of colour, LGBTQ+ Jews and Jews with diverse relationships to Zionism, must be included in EDI consultation processes. These perspectives are critical to understanding how antisemitism intersects with other forms of marginalization.

Fourth, the rhetorical pairing of antisemitism and Islamophobia, while perhaps intended to promote balance, should be replaced with a deep unpacking of both phenomena and their intersections.

Finally, universities must resist the urge to treat difficult conversations as too controversial to include. Complex dialogue should not be a barrier to equity work. The gaps we identified reveal how current EDI frameworks can exclude any group whose identities fall outside established categories.

In a time of polarization and disinformation, universities must model how to hold space for complexity and foster real inclusion.

Source: How to improve university EDI policies so they address Jewish identity and antisemitism

Casey Babb: Canada doesn’t need an antisemitism or Islamophobia czar

Very one sided but one does have to ask whether these special rapporteurs are effective in improving cross community relations or not or just assuaging and reflecting the concerns of their particular groups.

Former antisemitism envoy Lyons and current islamophobia envoy Elghawaby apparently did try some joint events and initiatives but Lyons, in any case, was frustrated that neither group wished to listen to the concerns of the other.

No easy way to have such dialogues but clearly, current approach not effective:

All told, this disconnect between the positions of Canada’s special envoy on preserving Holocaust remembrance and combating antisemitism and its special representative on combating Islamophobia has rendered them not just futile, but problematic. Never in our nation’s history have we so desperately needed moral fortitude, truth tellers and courageous religious and community leaders to come together and face hard truths in unison. Yet for the last two years, this need has been met not just with inefficiencies and obstacles, but what feels like deliberate attempts to undermine relations not just between Jews and Muslims, but between Jews and everyone else.

Canada is at an inflection point — socially, culturally, politically and economically. Major issues could improve in these spheres — or gradually worsen over time as they have been now for many years. It is therefore imperative that every dollar and initiative be spent and developed with prosperity and unity in mind — not the indulgence of endless grievances, the infantilization of entire peoples and the notion that our country can only be unburdened of our sins by relentlessly confirming our guilt.

Step 1 in achieving these things: get rid of useless and divisive positions.

Source: Casey Babb: Canada doesn’t need an antisemitism or Islamophobia czar

Record number of groups to speak at Supreme Court case against Quebec secularism law 

As expected given stakes. Case to watch:

A record number of groups have been given standing to present legal arguments at the Supreme Court of Canada as it hears a challenge to Quebec’s secularism law, a case that could reshape how governments across the country use the Charter’s notwithstanding clause.

At issue is Quebec’s Bill 21, a 2019 law that bans public-sector workers, including teachers and police, from wearing religious symbols such as hijabs or crosses at work. The Quebec government used Section 33 of the Charter of Rights and Freedoms, the notwithstanding clause, to shield the law from legal challenges.

The notwithstanding clause allows a government to override fundamental rights such as freedom of religion. Courts in Quebec have twice upheld Bill 21, rejecting an array of legal challenges and ruling the province’s use of the notwithstanding clause was valid. Last January, the Supreme Court agreed to take on the politically explosive case.

Last week, Chief Justice Richard Wagner granted standing to 38 outside groups – interveners – to file their legal views, which are due in mid-September.

It is a record number of interveners, according to Supreme Advocacy, an Ottawa-based firm that closely tracks the top court. Interveners include the Canadian Council of Muslim Women and the Ontario Human Rights Commission….

Source: Record number of groups to speak at Supreme Court case against Quebec secularism law

Hate crimes 2024

My latest analysis of the data, 2008-24. This year I have broken the data into three periods: Harper government, Trudeau government pre-pandemic, and Trudeau government post-pandemic and the ongoing increases save for anti-Muslim hate crimes post-pandemic.

The two key comparison slides are below:

StatsCan link: https://www150.statcan.gc.ca/n1/pub/71-607-x/71-607-x2023026-eng.htm?utm_source=mstatcan&utm_medium=eml&utm_campaign=statcan-statcan-mstatcan

Lack of action on Gaza eroding Muslim-Canadians’ sense of belonging, envoy says

Not surprising, along with similar erosion of Jewish Canadians sense of belonging given rise in anti-semitic and anti-Israel demonstrations and incidents. Sad fraying and inability to have cross-community conversations as former antisemitism envoy Lyons pointed out:

…Elghawaby said the grief felt by Muslim-Canadian families over the suffering of loved ones in Gaza is being compounded by a sense that Ottawa isn’t doing enough to prevent the suffering, despite issuing “very clear statements” on the situation.

“‘Devastated’ is not even strong enough a word to describe how people are feeling,” she said.

“[These are] their loved ones, their family members, who are starving, who are continuing to face bombing and displacement, and who are just desperate – desperate for this to end.”

On social media, Elghawaby wrote that the fear felt by Canadians with family in the region grows “with each day that passes without meaningful action towards upholding international humanitarian law.”

In the interview, Elghawaby said she doesn’t have the mandate or enough detailed information to say whether Canada is doing enough. She said she can only convey the feeling widespread in Muslim and Arab communities that Ottawa is dropping the ball.

“How can it be – is what people are asking me – that international humanitarian law is violated in this way, and nothing is actually happening, or not enough is happening?” she said….

Source: Lack of action on Gaza eroding Muslim-Canadians’ sense of belonging, envoy says

Michael Geist: When it comes to antisemitism, the sound of silence is loud in Canada 

Valid comments on lack of consistency in approaches:

…In response, there have been some notable efforts to address the antisemitism scourge. Both the federal government and some local municipalities have enacted or proposed bubble zone legislation designed to create a safe perimeter around places of worship, schools, hospitals, and other vulnerable institutions. Some universities and governments have adopted much-needed guidelines to combat antisemitism and promised to enforce them more aggressively.

More is required, but those responses appear to have shifted the discourse from disbelief to efforts to silence and thwart initiatives to protect the community. It often starts by insisting that the Jewish community is not only unable to judge what constitutes antisemitism, but that it actively engages in its weaponization. It is hard to think of any other group that is not only denied its own ability to identify harms but is painted as acting nefariously when it does so.

When the issue does break through, the efforts to protect the Jewish community are then silenced by framing them as undermining the rights of others. For example, bubble zone initiatives are frequently criticized as an affront to freedom of expression, despite being carefully drafted and modelled on similar laws that have been upheld by Canadian courts as constitutional.

Similarly, antisemitism guidelines on campus have been derided as chilling freedom of expression. These institutions have long histories of adopting extensive regulations to protect women, visible minorities and Indigenous groups, even going so far as to identify and guard against micro-aggressions. But the same approach seemingly does not apply to the Jewish community, who instead face charges that protecting their rights would come at the expense of the rights of others.

In fact, even political views on the founding of the State of Israel or expressions of support for Zionism, which as former prime minister Justin Trudeau noted “is the belief, at its simplest, that Jewish people, like all peoples, have the right to determine their own future” runs the risk of being labelled as “racist” in today’s educational environment, thereby silencing the perspectives.

As the rise in antisemitism has become too pronounced to ignore, there have been some important efforts to chronicle it and call for action. But what has been missing is an examination of its day-to-day effects, which has placed the safety and well-being of an entire community, from grade school to seniors’ homes, at risk. Those effects will become less visible if all that is left is the sound of silence.

Source: Michael Geist: When it comes to antisemitism, the sound of silence is loud in Canada

US citizenship test too easy? Trump bringing back 2020 naturalisation format

Stay tuned. Arguably, many Trump administration figures could start with a better understanding of the US constitution and history:

The new director of the US Citizenship and Immigration Service (USCIS) stirred a debate after he said that the present US citizenship test is easy and can be memorised. The US citizenship test, officially known as the Naturalisation test, is an examination that an applicant has to take to become an American citizen.

The test is not for green card holders unless they are applying for citizenship. Joseph Edlow, the new director of USCIS, said that since the tests are too easy, the Trump administration is planning to bring back the 2020 version of the test.

For the test, applicants have to submit a former N-400 seeking naturalisation. They would be required to pass a background check and meet residency tenure, along with other requirements. After this, they will have to attend an interview where they take two tests: One is an English test, and the other is a civic test.

Source: US citizenship test too easy? Trump bringing back 2020 naturalisation format

A Columbia genocide scholar says she may leave over university’s new definition of antisemitism

Of note:

For years, Marianne Hirsch, a prominent genocide scholar at ColumbiaUniversity, has used Hannah Arendt’s book about the trial of a Nazi war criminal, “Eichmann in Jerusalem: A Report on the Banality of Evil,” to spark discussion among her students about the Holocaust and its lingering traumas. 

But after Columbia’s recent adoption of a new definition of antisemitism, which casts certain criticism of Israel as hate speech, Hirsch fears she may face official sanction for even mentioning the landmark text by Arendt, a philosopher who criticized Israel’s founding. 

For the first time since she started teaching five decades ago, Hirsch, the daughter of two Holocaust survivors, is now thinking of leaving the classroom altogether.

“A university that treats criticism of Israel as antisemitic and threatens sanctions for those who disobey is no longer a place of open inquiry,” she told The Associated Press. “I just don’t see how I can teach about genocide in that environment.”

Hirsch is not alone. At universities across the country, academics have raised alarm about growing efforts to define antisemitism on terms pushed by the Trump administration, often under the threat of federal funding cuts. 

Promoted by the International Holocaust Remembrance Alliance, the definition lists 11 examples of antisemitic conduct, such as applying “double standards” to Israel, comparing the country’s policies to Nazism or describing its existence as “a racist endeavor.”

Ahead of a $220 million settlement with the Trump administration announced Wednesday, Columbia agreed to incorporate the IHRA definition and its examples into its disciplinary process. It has been endorsed in some form by Harvard, Yale and dozens of other universities. 

While supporters say the semantic shift is necessary to combat evolving forms of Jewish hate, civil liberties groups warn it will further suppress pro-Palestinian speech already under attack by President Donald Trump. …

Source: A Columbia genocide scholar says she may leave over university’s new definition of antisemitism