New bill looks to penalize mischief against worship spaces

The Conservative-tabled Bill C-255 to increase penalties for mischief against religious property did not receive support from Liberal or Bloc Québécois MPs during the first of two scheduled hours of debate, held Oct. 5.

Kelly Block’s private member’s legislation seeks to amend Section 430 of the Criminal Code to introduce mandatory minimum punishments for people who intentionally or recklessly damage a building that hosts religious services, objects (i.e. statues) associated with religious worship located on the grounds or a cemetery.

Block said “reports of places of worship being vandalized have become all too frequent” and that passing the bill would indicate to criminals that “actions have consequences” and “(signal) to victims that we recognize that acts of mischief are deeply hurtful, fear-inducing and costly.”

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It came up for debate after a suspicious fire destroyed All Saints Orthodox Church in Meadow Lake, Sask., on Oct. 1. It's the latest in a long list — some 120 churches all told — that have been torched or vandalized across Canada in recent years.

The criminality would carry a maximum sentence of 10 years' imprisonment if prosecuted by indictment, up to two years less a day if punishable on summary conviction.

The bill also calls for at least $1,000 in compensation to the property owner, which Block acknowledged during her sponsor’s speech is uncommon.

“I want to state up front that I’m aware that the concept of compensation to the property owner, which I am proposing to add, is novel,” said Block. “The Criminal Code includes provisions that mandate fines. However, fines are paid to the Crown. And in cases of mischief committed against places of worship, the Crown is not the victim.”

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She arrived at the $1,000 sum because Section 430.11, concerning mischief committed against war memorials, imposes the same minimum monetary punishment for a first offence. The penalty framework proposed in Bill C-255 follows the Section 430.11 standard.

Liberal MP Kevin Lamoureux declared that “the issue of hate-motivated mischief is something the government has actually dealt with in its legislative agenda” through Bill C-9, the Combatting Hate Act, which became the law of the land on July 18. He said the law responds to protesters who “try to hinder, prevent or intimidate people from being able to attend a church, a synagogue, a gurdwara or a mosque.”

There was, and remains, substantial opposition to Bill C-9. A broad coalition of religious, civil liberties, labour and legal organizations came together to oppose the bill’s removal of the good-faith religious speech defence from the Criminal Code.

Bloc Québécois MP Rhéal Fortin, who served on the justice and human rights committee that studied C-9, opposed Bill C-255 because he believes it constrains justices.

“Trying to force them to follow a certain criteria or framework that they cannot deviate from is a bit like having them supervised or putting them under parliamentary supervision,” said Fortin.

While Block’s bill, which will likely undergo its second hour of debate before the Christmas recess, concerns the mischief perpetrated against houses of worship, religious objects and cemeteries, The Catholic Register reported on Bill C-290, tabled in June by Conservative colleague Garnett Genuis, that deals with the theft or possession of property holding cultural or religious significance.

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Bill C-290 would create a separate criminal offence for stealing or possessing property of cultural or religious value. A suspect found guilty of stealing could be imprisoned for up to 10 years. A person found possessing property of religious or cultural value with no lawful excuse could be jailed for up to five years.

That bill sits outside the order of precedence. No date has been set to bring it before Parliament. 

(Amundson is an associate editor and writer for The Catholic Register.)