Student sees anti-Muslim graffiti as hate crime
U of Windsor student says acts were an effort to promote hostility in community
Islamic-themed graffiti spraypainted across downtown Windsor last month was a hate crime and not mere mischief, according to an open letter sent Wednesday to the city’s chief of police and which continues to gather signatures.
“When people out there try to stoke hatred ... why was a hate crime not considered?” said Ahmed Khalifa, a fourth-year University of Windsor student who wrote the letter after hearing concerns and fears being expressed within the local Muslim community.
George Donaldson, 49, was arrested by police within days of the vandalism being detected Dec 13. The Windsor resident has been charged with 16 counts of mischief (property damage).
The messages “#Sharia Now” and “#Islam executes drug dealers” were among those scrawled in red paint on downtown bus shelters along Ouellette Avenue and on the properties of the Windsor Star, CTV Windsor and CBC Windsor media outlets.
“He was clearly targeting the Muslim community,” said Khalifa. “Women, children, seniors — they’ve expressed concerns for their safety.”
Khalifa, born and raised in Windsor, said his hometown “is a city that celebrates its diversity, but we have to live up to that and we have to come together in instances like this ... and say this is wrong.”
He cites the example of the Quebec City mosque that had been the target of hate messages prior to a gunman killing six people there a year ago.
Khalifa was one of those who responded to a series of anti-Islamic graffiti scrawled across the city last fall by going out and painting over the hateful messages.
“These actions go beyond a mere attack on property; they represent deliberate messages of hate targeted at Windsor’s Muslim community at a time of rising Islamophobia,” reads the open letter to Chief Al Frederick. As of Thursday, about 100 people had attached their names to the online letter, initially signed by local Muslim community leaders and students and professors at the University of Windsor.
Windsor police spokesman Sgt. Steve Betteridge said the local file on the case has been forwarded to Ontario’s Attorney General, who must sign off on any hate crime prosecutions.
Under Section 319 of the Criminal Code, anyone who, “by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group,” can be criminally charged and jailed up to two years.
While December’s graffiti was scrawled “quite clearly in a public place,” a Windsor lawyer said prosecutors would have to examine the words used as well as the effects caused by the words as part of any decision as to whether or not to pursue a hate crime case.
“It’s no different than any other charge — the Crown would have to prove (its case) beyond a reasonable doubt,” said Maria Carroccia, president of the Criminal Lawyers’ Association of Windsor and Essex County.
Such charges are exceedingly rare. Nobody has been charged with a hate crime in Windsor in years.
“There’s no doubt, the content of those messages are extremely concerning to the community,” said Betteridge. A senior officer with the department has already responded to the letter, he added, and Khalifa said he’s looking forward to meeting with police to discuss the issue further.
Growing up in Windsor, Khalifa said he was never personally exposed to hateful messages in public. His concern now is for others, including his younger nieces and nephews.
“Imagine going to the bus stop and seeing messages targeting you because of your faith,” he said.
A spokeswoman for the Ministry of the Attorney General told the Star in an email Thursday it would be “inappropriate” to comment on any case currently before the court.
Nadine Ricketts said it’s up to the investigating police force to decide whether there are “reasonable and probable grounds” to pursue criminal charges but that, “for certain types of hate crime charges ... the police must obtain the Attorney General’s consent before instituting criminal proceedings.”
Ricketts added, however, that the Criminal Code also recognizes that “any crime can be motivated by hate.” Another section of the Criminal Code requires that courts must treat that as an aggravating factor in sentencing upon conviction.
Betteridge said the individual charged last month has not been connected to the earlier anti-Muslim graffiti discovered in the fall.