Peterborough police have laid their first-ever charge of wilful promotion of hatred in connection with several incidents related to antisemitic flyers being distributed in neighbourhoods throughout the city in 2023.
Last September, police had already charged a 31-year-old Peterborough man with mischief and obstructing a peace officer and, at the time, indicated they were consulting with the Ministry of the Attorney General to have the incidents deemed as a wilful promotion of hatred under Canada’s criminal code, which is an indictable offence punishable with a prison term of up to two years.
“Police must balance constitutional rights with the Criminal Code of Canada which makes investigations very complicated,” police said at the time. “Before laying some hate-motivated or bias-motivated criminal charges under the Criminal Code of Canada, police are required to conduct an investigation and then turn the file over to the local Crown Attorney’s office and get consent from the Attorney General’s Office.”
There are several charges under the criminal code that require the Attorney General’s consent before charges are laid: advocating genocide, public incitement of hatred, wilful promotion of hatred, and wilful promotion of antisemitism. Advocating genocide is punishable with a prison term of up to five years, with the other charges each punishable with a prison term of up to two years.
In December, the police’s application to the Attorney General was granted and earlier in January the accused man was notified of the new charge. He appeared in court on Tuesday (January 23) for a first appearance on that charge. This incident is the first time the Peterborough Police Service has received authorization to lay a charge of wilful promotion of hatred.
“As a service tasked with ensuring public safety, and on behalf of our community, we are thankful the Ministry of the Attorney General agreed with our assessment that the charge of wilful promotion of hatred was warranted,” said Peterborough police chief Stuart Betts in a media release. “We take these types of incidents very seriously and believe that there is no room for hate in our community.”
Between May and July last year, antisemitic pamphlets were reported in the area of Parkhill Road West and Crowley Crescent, in the Medical Drive and Weller Street area, in the Lansdowne Street and George Street area, in East City, and the Wolsely Street and Chemong Road area. In total, police received 19 reports of the antisemitic flyers from residents.
In September, after a four-month investigation, police officers obtained a warrant to search a Peterborough residence and located items connected to the distribution of the antisemitic flyers. During the investigation, the suspect in the case provided police with a false name and address. He was arrested and charged with mischief and obstructing a peace officer.
The accused man’s Tuesday court appearance on the charge of wilful promotion of hatred comes four days after the provincial government announced a $167,000 grant for Peterborough police to develop a public education campaign about the difference between a hate bias incident, to streamline reporting protocols, to provide ongoing training to officers, and to establish a comprehensive hate incident database.
