LGBTQ advocates say Canada’s laws aren’t protecting them from hate | CBC News
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Warning: This story contains details about violence against LGBTQ people that may be upsetting to some readers.
Pride festivals are usually a time to celebrate queer and trans joy and remember those the community lost. But Jason Veltri, who helps organize events in Thunder Bay, Ont., said he’s looking over his shoulder this past Pride season, hoping his life wouldn’t be the next life lost.
Veltri, president of the Rainbow Collective of Thunder Bay, received an anonymous death threat in June that was “very explicit around a rape and killing.” The Thunder Bay Pride festival had to hire security, increase police presence at events and work with the city to change the road closures, he said.
The author of the anonymous email described the specific ways they wanted to kill him, but that it wasn’t enough to scare him away from his advocacy for Thunder Bay’s LGBTQ community, Veltri said.
“If anything, it strengthens my resolve to continue speaking up,” he said. He reported it to police, but they never found the sender.
“Putting myself in harm’s way, if that’s the price we pay to ensure freedom and the ability to live freely and authentically in our community, then I will do it every day of the week.”
Veltri and Scotia Kauppi, chair of the Thunder Pride Association, brought their safety concerns to the Thunder Bay Police Service’s oversight board this week. He said he wanted to create a dialogue with police about the ongoing dangers that queer and trans community members face. He hopes police take their message up the ladder in the criminal justice system.
“We’re asking that the attorney general have a look at the hate crime laws in this country to see if there are things that we can do to lower the threshold and to provide some semblance of accountability for actions,” said Veltri.
Veltri said the level of vitriol local Pride organizations like his face seems to have skyrocketed in the past few years.
While opposition is nothing new, he said “it has become increasingly more violent and hateful” since he started organizing six years ago.
LGBTQ organizations say it’s part of a rising tide of anti-LGBTQ sentiment bubbling cross Canada. Advocates say Canada’s hate crime laws aren’t strong enough to protect them from it.
Rise in police-reported hate crime
“We are experiencing a heightened degree of hostility toward members of the 2SLGBTI community across Canada, specifically targeting trans and gender diverse folks,” said Helen Kennedy, executive director of Egale Canada.
The number of police-reported hate crimes related to sexual orientation rose 64 per cent in 2021 over the previous year, says Statistics Canada. This number is likely only the tip of the iceberg, said Kennedy, as many victims don’t report their experiences to police.
She said American politics could be influencing the way Canadians approach LGBTQ issues.
“The influences that are crossing the border from the U.S. at the moment are also impacting the general population in terms of how they’re responding to our communities and our events.”
Kennedy cited instances of Pride flags being burned, rainbow crosswalks being defaced and protests outside drag events at libraries.
She also said the current political and legal disputes over LGBTQ school policies “lends itself to the increased awareness” of LGBTQ issues, and not always in a positive way.
In September, competing protests sprouted up in cities and communities across Canada as opposing groups loudly clashed on how schools address issues of gender identity and how teachers refer to transgender youth.
Arrests were reported in Ottawa, Halifax, Vancouver and also Victoria — where Victoria police advised people to avoid the B.C. Legislature amid protests they said had become “unsafe” and that prompted at least two arrests. Ottawa police said two people were arrested for “inciting hatred” by “displaying hateful material” during a protest in the capital.
Laying hate crime charges can be seen as a grey area, said Kennedy, since “a lot of the time, crimes are committed against members of the community and they’re never convicted as hate crimes. So it’s incidents of propaganda, incidents of mischief.”
Kennedy said she wants to see the Justice Department and federal justice minister provide more information on what is or isn’t a hate crime.
Criminal Code a ‘blunt instrument,’ says lawyer
None of the provisions of the Criminal Code adequately protect the LGBTQ community, said Adrienne Smith, a non-binary social justice lawyer practising in Vancouver.
Charges for crimes like assault and uttering threats are rare, even when they seem to be demonstrably motivated by anti-LGBTQ hate convictions, they said.
“I think the court has been very reluctant to charge hate. The definition that Parliament has given us in the Criminal Code requires wilful promotion of genocide,” said Smith.
Smith said that sometimes, the underlying motivators and community impacts of crimes against LGBTQ people aren’t always considered by the justice system. For example, stealing a rainbow Pride flag off someone’s house is more than theft alone: it’s an attempt to convey a message that LGBTQ symbols are not welcome in that neighbourhood, they said.
“There needs to be some understanding by police and courts that it’s not just the value of the flag, it’s not just trespassing on your lawn to take it, it’s not just breaking a window in the local LGBT organization — it’s an attack against an entire community,” Smith said.
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While the law will likely never provide complete protection to anyone, Smith said, there are other legal resources that could be more helpful than the “blunt instrument” that is the Criminal Code.
The umbrella that human rights covers around conduct is broader, said Smith, and can serve as protection in public places, the workplace and between individual people.
Veltri, Kennedy and Smith agreed on one thing — changes in the law and how it’s enforced will not eliminate all the hate LGBTQ Canadians face. But showing support for LGBTQ friends, loved ones and neighbours goes a long way toward countering messages of hate, they say.
Veltri said allies can take small actions, which can have a positive ripple effect on local LGTBQ communities: show up to events, fly a Pride flag or put a sign in a window.
“All of those little actions amount to showing safe and secure spaces, and ensuring that folks are seen, valued and appreciated.
“We need you to stand with us,” Veltri said. “We aren’t going back into the closet.”
If you or someone you know is struggling, here’s where to get help:
This guide from the Centre for Addiction and Mental Health outlines how to talk about suicide with someone you’re worried about.
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