Activists urge city to ban ‘hate groups’ from using public spaces

Delegates made the pitch on International Day for the Elimination of Racial Discrimination

THE CITY will explore ways to keep “hate groups” out of civic spaces like parks and libraries.

But don’t expect any new bylaws or bans until after the city consults with the community — and its lawyers.

Several citizens and advocacy groups appealed to councillors Wednesday — the International Day for Elimination of Racial Discrimination — to formally ban the use of public property by groups that promote hatred or violence.

Well-known anti-racism advocate Evelyn Myrie urged councillors to “take a leadership role” in addressing a spike in hate crimes investigated by Hamilton police last year as well as protests by groups espousing anti-immigration or anti-Islam views.

In the past year, such groups — including the Sons of Odin — have stirred up controversy by protesting at Hamilton City Hall and patrolling local parks. Anti-fascist protesters are gearing up to oppose a “Patriot March” advertised online and apparently planned by far-right groups on Locke Street Sunday.

Myrie, who was representing the Afro Canadian Caribbean Association, acknowledged the Canadian Charter of Rights and Freedoms protects the right of assembly and protest in public areas. But she noted the Toronto Library has reserved the right to deny facility rentals to

groups likely to promote hatred, discrimination or bigotry.

“It’s not good enough for (city leaders) to hide behind their desks and say their hands are tied,” added Ray Fawaz, who identified himself as a member of local Lebanese and Muslim communities that often experience racism in Hamilton.

Myrie urged council to consult with concerned groups — and in particular, the newly opened Hamilton Anti-Racism Resource Centre — “to explore best practices and opportunities to lead as a city.”

Councillors unanimously passed a motion to explore “ways and means to mitigate the use of city parks and public places” by hate groups.

The Canadian Civil Liberties Association would also like to be consulted on the plan, said executive director Michael Bryant.

“Promoting tolerance, diversity and equality is commendable. But no group should be banned from the public square simply because of the content of their speech,” said the former provincial attorney-general, who noted the criminal code already outlaws speech that promotes hatred or violence against an identifiable group.

“We’d ask: who gets to decide what groups are hate groups?”

The debate is particularly interesting because Canadian courts have not really weighed in on the appropriateness of banning a group over “hate speech you expect to happen, before it happens,” said York University professor Bruce Ryder, who consulted on the Toronto Library’s policy update on renting out its rooms.

He suggested if the city pursues a similar rental policy, it would have to consider offering groups the opportunity to sign an

It’s not good enough to hide behind their desks and say their hands are tied. RAY FAWAZ

undertaking agreeing to abide by hate speech laws, for example.

Councillors unanimously supported exploring the options.

Mayor Fred Eisenberger said it’s up to council to be vocal about protecting all citizens from discrimination and racism. “There is no room in our city for any of that,” he said.

But he added council must be cautious about how it defines hate groups.

“We need to ensure on legal grounds that we’re not creating a bigger problem than already exists.”