By Peter Copeland, Sheryl Saperia, and Mark Sandler
September 3, 2026

Full paper here

In recent years, and with particular intensity since the October 7 Hamas terrorist attacks in Israel, antisemitism has become increasingly normalized in daily life worldwide. Canada is not immune. Harassment, intimidation, and violence against Jewish Canadians are rising, threatening not only individual safety but also the security and cohesion of entire communities and the country as a whole. Left unchecked, hatred and illegal behaviour erode confidence in the rule of law and weaken Canada’s democratic foundations.

Fortunately, the legal foundations upon which Canada can confront this threat already exist. Canadian criminal law prohibits hate propaganda, including incitement of hatred, and violent crimes motivated by hate against identifiable groups. Our highest court has confirmed that wilful promotion of hatred represents a reasonable and justified limit on freedom of expression. Courts and the Criminal Code recognize that harsher penalties apply when crimes target communities and their members on the basis of identity. Holocaust denial, arson against synagogues, intimidation of congregations, and unlawful assemblies aimed at Jewish institutions are all prosecutable. Canadian law also criminalizes terrorist financing and other types of participation in terrorist activities. Immigration law provides tools to screen and deport those who bring their hatred to Canadian shores.

Yet many of our laws are underutilized, unevenly enforced, or applied inconsistently across jurisdictions. The gap between the promise of equal protection and the day-to-day reality that Jewish Canadians face has become dangerously wide.

Despite many recent improvements, police often do not use all the legal tools available to them, citing evidentiary challenges or hesitancy around politically contentious issues. Digital platforms present additional obstacles; through them hate spreads quickly and evidence disappears before it can be preserved. Privacy safeguards complicate investigations while institutions meant to protect victims too often fail to apply rights consistently. Between October 7, 2023, and March 16, 2026, community-based tracking by Michael Teper, president of the Canadian Antisemitism Education Foundation, identified approximately 100 cases in Toronto alone connected to anti-Israel protests and alleged online hate. As of the latter date, charges had reportedly been withdrawn in nearly half of the tracked cases, while some matters had been resolved through peace bonds or diversionary measures (Canadian Antisemitism Education Foundation 2026). In some instances, prosecutors have not recognized and pursued charges for the hate dimensions of their cases.

The outcomes of many bail applications raise parallel concerns: in May 2026, an 18 year old charged with two suspected hate-motivated assaults with a weapon after a shooting incident outside a Toronto synagogue was released on $2,000 bail, a decision widely criticized as failing to reflect the gravity of the alleged offences (McDonald 2026). Compounding these challenges is a perceived absence of clear political direction. Police and prosecutors operate within a public climate shaped by elected officials. When political leaders limit their response to condemnatory statements without clearly and publicly instructing law enforcement to bring the full force of the law to bear against antisemitism, frontline officers may reasonably believe that the institutional backing for robust enforcement is uncertain at best.[1] Ontario’s Inspector General of Policing has called for stronger police-board oversight, supervisory scrutiny, training, and consistent enforcement practices in response to rising antisemitic incidents, illustrating the role that governance and institutional direction play in frontline policing (Police Governance Ontario 2026).

Although victims of antisemitism have avenues for redress — including victim and community impact statements, and private prosecutions when police are reluctant to act — these mechanisms are often inadequate in practice. Complaints are frequently minimized, investigative and prosecutorial processes are often opaque and protracted, and fear of retaliation can deter victims from pursuing remedies.

In any of its many forms, antisemitism is an attack on Canada’s principles of equality, dignity, and the security of our democracy. Responding effectively requires a coordinated and proactive application of the laws already in place. Greater resolve across law enforcement, government, workplaces, universities, and private platforms is urgently needed to protect Jewish Canadians, uphold the rule of law, and preserve the integrity of Canada’s democratic society.