The Recent Synagogue Attacks: Focusing on the Real Problem
- Mark Sandler
- Mar 11
- 7 min read
In the aftermath of multiple shootings of synagogues in Toronto and York Region in the last few days, the Jewish community has focused, not surprisingly, on law enforcement – specifically what more can be done to apprehend the shooters. Should there be better inter-agency and government coordination? Should greater priority be given to solving these crimes? Or more resources dedicated to the investigation? Governments at all levels are being called out for failures to act.
The Real Problem
The attention to law enforcement and governments is entirely warranted, but the problem is too frequently misdescribed. This really isn’t about a lack of will to solve crimes involving shootings of synagogues and other community spaces. Or about inadequate police resources. Or about a lack of coordination between police services when such shootings take place.
These types of cases are being prioritized and adequately resourced. Moreover, the dedication of resources to these investigations does not necessarily produce speedy results. Some of these offences are more difficult to solve because they may be perpetrated by lone wolves (not necessarily members of known organizations). It is inaccurate to say that the police do not care about these offences or their victims.
But there is an enforcement problem nonetheless. A big problem.
These offences are almost always incited by vitriolic hate speech that often goes unpunished even when it crosses the criminal threshold. This is true in relation to much of the hate propaganda on social media and almost all hate promotion that takes place during protests or demonstrations.
Thirty-six years ago, the Supreme Court of Canada recognized that hate speech marginalizes targeted communities and can lead to violence against them. For several years, I have warned about the consequences when incitement of hatred against Jews goes unchecked. We have seen too many examples, including the murders of Jews in Manchester and Bondi Beach, of serious crimes against Jews reportedly inspired by hate propaganda. At home, white supremacist Matthew Althorpe is soon to be sentenced for crimes relating to his published manifestos known to have been cited by perpetrators of at least six terror offences worldwide.
Why does antisemitic hate speech usually go unpunished in Canada?
Failure to Appreciate the Dangers of Hate Speech
First, in some jurisdictions, it is considered a success for police if no one kills or assaults someone else on their watch during a protest or demonstration. Preventing on-scene violence is of course a valid policing objective. But when speech is not merely offensive or disturbing, but hate-filled, the dangers of the speech itself to future lawlessness are underappreciated.
Failure to Understand and Take Action on Contemporary Antisemitism
Second, police and too many prosecutors fail to understand contemporary Jew-hatred when framed as anti-Zionist. There is a world of difference between lawfully criticizing Israel, its government, policies or conduct, and wilfully demonizing everyone, without distinction, who supports Israel’s right to exist as racist, genocidal and evil. Or calling for or legitimizing attacks on all Zionists, Jews or Israelis. This is hatred. Pure and simple.
Some police officers and prosecutors get it. But many do not.
As a result, we see, too frequently, the dropping of charges or informal “diversion” of offences that are incorrectly seen as merely “politically motivated,” rather than motivated by bias, prejudice or hatred against Jews or Israelis. Diversion is a resolution typically reserved for low-level offences. It should be used sparingly when crimes target vulnerable communities.
Indeed, as one judge recently concluded, it is no answer to say that a crime was motivated by the offender’s political views. Politically motivated crimes breed contempt for the rule of law, and can lead ultimately to severe consequences, such as occurred in the U.S. Capitol on January 6, 2021:
…[W]henever disrespect for the rule of law is condoned, democracy is jeopardized. Democratic ideals, including the right of every person to live secure in the knowledge that their dignity and personhood is protected in Canada is jeopardized whenever the ends-justify-the-means reasoning takes precedence over respect for the rule of law.¹
In fairness, I have seen (or been involved in) a number of hate propaganda prosecutions where offenders targeted Jews and others. However, these cases generally involve hate speech that specifically names Jews as targets and/or uses classic longstanding tropes about Jews. The Althorpe case is an example. But sadly, hate speech that vilifies all Zionists is treated far differently, as if hatemongers are immunized from criminal liability simply by substituting Zionists for Jews.
Again, this isn’t about criticism of Israel. This is about the incitement of hatred against the vast majority of Jews and all Israelis, without distinction.
The Failure of Governments to Lead
Third, we are often told that governments cannot direct the day-to-day operations of the police. That is true but it misses the point altogether. Governments are entitled to set policies that define and inform how their agencies, police and prosecutors respond to contemporary antisemitism. Governments are entitled – indeed obligated – to show leadership in recognizing what contemporary antisemitism looks like and calling it out.
A case in point. Well over a year ago, the Toronto Police Service Board invited the public to provide input on a new policy on policing public order events, such as protests, demonstrations and occupations. We are no closer to such a policy, although an adequate policy on policing public order events is required by law. An adequate policy would reinforce the need for robust enforcement of existing criminal laws when vulnerable communities are targeted by hate.
Similarly, the City of Toronto’s Mayor and City Council could condemn not only antisemitism generally but unequivocally state that there will be zero tolerance for those who demonize everyone who supports Israel’s right to exist.
I really don’t care what Mayor Olivia Chow thinks the rights and wrongs are in the Middle East, although her office should not be used to advance a political agenda unrelated to city business. But I do care that she purports to condemn antisemitism when synagogues are attacked, while permitting a poisoned environment to flourish in this city where mainstream Jews are vilified for supporting Israel’s right to exist. She could have stated loudly and clearly to police that she will have their backs if they robustly enforce Canada’s criminal laws to combat contemporary antisemitism. But she did not – and that’s on her.
A Positive Development
Last week, Nicholas Vincent Amor was convicted of inciting hatred against Jews. He will be sentenced in April. Both the police in LaSalle, Ontario who charged him, and the prosecutor who secured his conviction, recognized the connection between antizionist and antisemitic hate speech. Excerpts of the agreed-upon facts placed before the judge included the following:
After October 7, 2023, Amor became particularly active in pro-Palestine, anti-Israel protests. Over the next two years, this activism and online rhetoric escalated to the level of criminal hate speech. He made numerous hateful posts targeting Jews under the guise of attacking Zionists. In his posts the accused used the term “Zionist” as a pejorative proxy reference for Jewish people, blaming Jews for the actions of Israel.
In the posts, he repeatedly engaged in common antisemitic tropes in support of inciting hatred. This includes specifically referring to Zionists and/or Jews as baby killers and pedophiles. He compared Jews to subhuman disease-ridden vermin, including one post where he warned the public that “ZIONISTS ARE LIKE RATS AND TICKS HAD BABIES THAT CARRY RABIES AND BUBONIC PLAGUE 110% PERCENT ROTTED INFECTED SHIT SKUM GOYIM THAT MUST BE CLEANSED WITH FIRE”.
He accused the Jewish people of being terrorists and committing genocide in Palestine and pushed conspiracy theories of Jews being behind the “Covid agenda”, engaging in money laundering, organ harvesting, and controlling the global banking and media systems.
He also threatened violence against Jews and encouraged others to engage in the violent targeting of Jews. In one post he said "Kill zionists and have a great day". In another he said “Kill pedophiles and end Zionism! Daily reminder.” He also spoke about "armed resistance", fighting tyranny and counter-terrorism methods that can be used against "Zionists". In one post, he told people to "take to the streets and actively target Zionist entities throughout North American before Palestine and its Semetic people (sic) are fully decimated.”
At the material time, Amor’s Facebook account had 1,225 friends and 1,400 followers. His ‘globalizeintifada’ Instagram account had 330 followers. In a video that Amor produced, he showed off his latest project of constructing what he stated were Molotov cocktails, comprised of isopropyl alcohol, an explosive substance, in glass mason jars with cloth wicks in them. These Molotov cocktails were later found in his residence. Amor’s prosecution and conviction reinforce how contemporary antisemitism is manifested, as well as the dangers to the Jewish community associated with hate propaganda.
Conclusion
It is critically important that the perpetrators of the recent synagogue shootings be apprehended and subjected to the full weight of the law. It is equally important that governments and police assist the community in robust preventative security measures to protect our institutions.
However, we will not succeed in combatting violent antisemitism unless the police, prosecutors and governments correctly identify what contemporary antisemitism so often looks like and address the promotion and incitement of hatred through robust, consistent enforcement of criminal hate speech laws. The community is entitled to no less.
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Endnotes
1. R. v. Aspenlieder, Superior Court of Justice.
About the Author
Mark Sandler, LL.B., LL.D. (honoris causa), ALCCA’s Chair, is widely recognized as one of Canada’s leading criminal lawyers and pro bono advocates. He has been involved in combatting antisemitism for over 40 years. He has lectured extensively on legal remedies to combat hate and has promoted respectful Muslim-Jewish, Sikh-Jewish and Black-Jewish dialogues. He has appeared before Parliamentary committees and in the Supreme Court of Canada on multiple occasions on issues relating to antisemitism and hate activities. He is a former member of the Ontario Human Rights Tribunal, a three-time elected Bencher of the Law Society of Ontario, and recipient of the criminal profession’s highest honour, the G. Arthur Martin Medal, for his contributions to the administration of criminal justice.