Chinanews.com, Beijing, August 20th, title: Hidden discrimination is everywhere, Canadian Chinese lawyers talk about how to deal with it
Chinanews reporter Wu Kan
The anti-Asian sentiment catalyzed by the current epidemic is still spreading in many overseas countries. A latest crime rate data from Statistics Canada shows that Canada’s crime rate has declined in 2020, but hate crimes against race have soared. The victims are usually Is Asian.
Recently, a reporter from Chinanews.com interviewed Fu Ying, a global partner of Beijing Jingshi Law Firm and a managing partner of JINGSH CANADA law firm in Canada, to talk about how Asians can defend their rights in the face of racial discrimination and hate crimes.
Legislation status of racial discrimination and hate crimes in Canada
"In Canada, human rights legislation ensures that people enjoy the right to live without discrimination and harassment." Fu Ying introduced that the Canadian Bill of Rights (Canadian Bill of Rights) passed in 1960 protects the rights of citizens and minorities. It provides A series of important rights and freedoms. These rights and freedoms must not be discriminated against on the basis of race, national origin, skin color, religion, and gender.
She introduced that the Canadian Human Rights Act, enacted in 1978, determined that discrimination is an unconstitutional act. Article 2 prohibits discrimination on the basis of a wider range of unfair discrimination.
"Article 718.2 of the Criminal Code of Canada contains specific sentence provisions for hate crimes. The law provides that if the crime is motivated by hatred against an identifiable group, the court may consider this motive as an aggravating sentence Factors." Fu Ying said.
She said that the Canadian government has also taken some related legislative actions in recent times. In June this year, the Canadian Liberal Party government announced a legislative plan to criminalize online hate speech. The proposed amendment will make it easier for people to post on the Internet. Individuals with hate speech and website operators lodge complaints.
Hidden discrimination cannot be ignored
What should Asians do when they encounter racial discrimination and hate crimes?
Fu Ying said that if the other party’s discriminatory words and deeds harm us, we must report to the police in time to actively defend our rights. It is important to know how to collect evidence. When calling the police, we must provide the police with the suspect’s information, time and location of the crime, and be able to accurately describe the suspect’s language. , Actions, etc.
"It should be noted that if it is purely violent behavior, such as beating, smashing and looting, it is difficult for us to distinguish it from passion crime when we are defending judicial rights."
Fu Ying said.
In Fu Ying's view, in a multicultural society like Canada, discrimination is inevitable, and discrimination is a state of mind, and the law cannot prevent its existence.
"Different from explicit discrimination that is directly manifested in words and deeds, implicit discrimination is a discriminatory understanding of specific groups that exists in people's thoughts and is not publicly manifested."
"Invisible discrimination is actually subtle and ubiquitous. To give the simplest example, many successful Chinese people have the experience of being asked by locals if they are Japanese. This kind of implicit discrimination stems from inherent prejudice. , Wrong perceptions, etc. It is very difficult to eliminate." Fu Ying said.
Thaw the silence to make a sound
"Compared with being discriminated against, it is more serious that no one speaks for equality and rights." Fu Ying said that the high incidence of racial discrimination and hate crimes in the epidemic has made more Asians aware of the need to raise their voices and express their demands. The mainstream society’s understanding and cognition of the entire group.
Fu Ying said that Asians, especially Chinese, do not lack the ability or the expression of their demands. What they lack is the persistence and efforts to change their image and influence from the institutional and legal levels.
"Actively participating in politics and increasing voter turnout are both effective ways for Asians to safeguard their ethnic rights. That is to say, they must have people who represent their own interests in key positions."
For example, she said, I have dealt with a case in Montreal Chinatown. The owners committee of a certain community charged arbitrary fees and caused complaints among residents. When the owners committee re-elected, there was only one 80-year-old elder representing the Chinese in the election, although only two votes were obtained. However, he was elected successfully, and in the previous years, there were no Chinese in the owners' committee.
Fu Ying said, “We should make a voice to increase our participation in local affairs. Only by completely thawing the silence can we break the prejudice that Asians have long been regarded as a'silent ethnic group'.” (End)