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January 28, 2005
No charges for Miracle
CJC is disappointed, but has faith in judicial process.
PAT JOHNSON
The publisher of a local Muslim newspaper that ran a viciously
anti-Semitic article will not face charges. The Miracle,
a Delta-based publication, had reprinted a litany of anti-Jewish
accusations, blaming "the jews" (sic) for the attacks
on the World Trade Centre, two world wars, the Depression, the assassination
of John F. Kennedy and another 83 similar assertions.
The Crown announced last week, following a year of investigation,
that the case would not be recommended for criminal charges for
the wilful promotion of hatred.
Nusrat Hussain, the publisher of the Miracle, said he is
relieved and he condemned the article that he ran Dec. 26, 2003.
The article was a reprint of an anti-Semitic tract making the rounds
via the Internet. It was written by Edgar J. Steele, a disbarred
lawyer from Idaho.
"I had apologized and I was very clear about it, for the article
was offensive," Hussain told the Bulletin last week.
"I had never said that I was in favor of the article or I agreed.
On the contrary, I was very clear. I condemned the article. But
I was doing a different line. I was defending the freedom of speech."
Canadian laws regarding the promotion of hatred rest on the intent
of the speaker or publisher of allegedly hateful comments. Hussain
compares the standard of intent to the difference between murder
and accidental death.
"There's a difference if you murder a person [or] if somebody
is killed under your car by accident," he said. "Although
in the end it is the death of a person, you have to prove the intentions.
"The intention was never to promote hate in this case,"
he said.
Though he is pleased with the outcome, Hussain said the experience
has been wrenching. He was hospitalized with a heart ailment for
five days last February, shortly after the investigation began.
"I have suffered in my business also," he said. "I
lost advertisers. I lost reputation. Politically, there were senators,
a member of Parliament, a member of the legislature, who were writing
for my newspaper. All of them withdrew."
The publisher sees a silver lining in the incident, though, citing
what he says is a growth in dialogue between the Jewish and Muslim
communities as a result of the issue and its surrounding publicity.
"There were positive things," said Hussain. "The
Jewish and Muslim communities – the interaction which has started
now – it was unheard of [before]. The people in my community
would not like to listen about the Jewish community, the same way,
I'm sure it was, on the other side. But this is a very positive
thing that is happening. People are talking to each other. They
are sitting together and talking about each other's views and listening
to each other and that is, I believe, required."
Canadian Jewish Congress, which brought the article to the attention
of police, said the decision not to proceed to criminal charges
does not diminish the harm done by the article.
"It has to be understood that, even though the Crown did not
proceed with charges, the fact that something as anti-Semitic and
as destructive as what was contained in that piece was published
in our community created extreme distress for us," said Mark
Weintraub, chair of Canadian Jewish Congress, Pacific Region. "The
Jewish community and the larger community should not have to be
subjected to such vile propaganda. It has to be understood that
simply expressing regret really doesn't go to the heart of the damage
that is done when we have to continually deal with these terrible
attacks on Jews."
Weintraub said that his organization sees no silver lining in hateful
remarks, though he hopes the incident opened some eyes.
"We were heartened by many comments and expressions of empathy
and sympathy and support from Muslim leaders," said Weintraub.
"We have had excellent relations in the past with many segments
of the Muslim community, so we did not need these kinds of expressions
of anti-Semitism to bring our communities closer. What has occurred
has perhaps made certain segments of the Muslim community aware
that there are individuals in their community who hold views that
are intolerant and really have no place in our community."
Because it was the complainant in the case, Canadian Jewish Congress
was verbally briefed on the decision by Crown not to proceed with
charges. CJC has requested a copy of the Crown's written report,
but Weintraub said he does not know if they are entitled to it.
"The Crown has to make a determination as to whether there
is a likelihood of conviction and that it's in the public interest,"
explained Weintraub, who is a Vancouver lawyer. "Not every
action that appears to be a crime always results in prosecution.
The Crown does have discretion."
A decision not to go to charges can be based simply on likelihood
of conviction and does not necessarily imply that the article was
not hateful.
"The verbal summary was to the effect that the statements that
were published were anti-Semitic," said Weintraub. "They
could be construed as hate-filled. However, the means of the publication
of these statements, which were a republication of an American anti-Semite
in this particular newspaper, meant that it was not necessarily
likely that the incitement-to-hate provisions of the Criminal Code
would have been breached, because there are certain technical and
procedural requirements to prove intent to incite and because of
the mode of republication. The Crown was not satisfied that they
would be able to meet the test."
Weintraub said he is satisfied that the investigation was thorough
and his organization did the right thing in bringing it to the attention
of the police.
"To our minds, we were satisfied that we had acted appropriately
by turning this over to the Crown, because it was deemed to be highly
anti-Semitic," he said. "But, at that point, we have to
let the justice system take its course. We have advocated over the
years for a highly specialized hate crime team. We have been successful
in that regard and we think that there are very competent people
in that hate crime team who understand the technicalities of the
law and, if they considered that a charge should not be proceeded
with, while we are disappointed, we have confidence in the process
and in the judicial system. As far as we're concerned, we saw a
crime, we acted appropriately, we co-operated with the authorities
and we continue to have confidence in our judicial system."
CJC is awaiting a decision on whether charges will come in another
prominent British Columbia case under investigation by the Hate
Crime Team. Last year, Sheik Younus Kathrada, a Vancouver imam,
made international headlines when tapes of the Muslim religious
leader's comments, in which he referred to Jews as "the brothers
of monkeys and swine" and called on Muslims to kill Jews, were
made public. The case is under investigation by RCMP.
CJC has used the two incidents to repeat requests that the province
fully fund the Hate Crime Team, a specialized group of police, Crown
counsel and support staff that saw its funding sharply cut under
provincial cost-saving measures. Premier Gordon Campbell has promised
to restore funding for the body, which has been reduced to one RCMP
officer, but the money has not been forthcoming. Observers expect
funding may be provided in the budget before this May's provincial
election.
Pat Johnson is a B.C. journalist and commentator.
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