Analysis: The federal government will attempt to join several countries in Europe that make Holocaust denial a crime. Like any legislation that seeks to put curbs on expression, it could be subject to Charter challenges.
"But generally it is understood to encompass actions that try to make appear smaller or less important than in reality and to minimize . A court would have to conclude that the downplaying wilfully promotes antisemitism," she said in an email.
The main gate of former German Nazi death camp Auschwitz-Birkenau, in Oswiecim, Poland. The federal government wants to amend the Criminal Code to 'prohibit the communication of statements, other than in private conversation, that willfully promote antisemitism by condoning, denying or downplaying the Holocaust.'
Bernie Farber, chair of the Canadian AntiHate Network, said while any tool that can deal with antisemitism is worthwhile, the legislation will have to be carefully thought out. "I accept this in principle. I think it's a long time coming. But people do have the right to be stupid and offensive. And if people want to say that the Holocaust didn't happen, that's kind of their business. But that said, we know that these are, antisemitic dog whistles. And it'll be really important in terms of the wording of the legislation on how it traces back to antisemitism.
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