Hamilton councillors to ban Nazi swastikas, Confederate flags from city property

Hamilton city councillors unanimously voted to ban hate symbols such as the Nazi swastika or the Confederate flag from city property.

They also voted on Monday during a general issues committee meeting to amend a by-law so city officials do not need any notice to remove the symbols or flags.

While a city report classifies the Confederate flag and Nazi swastika as hate symbols, it doesn't list other symbols.

City spokesperson Sarah Ghandour wrote in an email other examples of hate symbols are "currently not well-defined within the criminal code."

Staff will be conducting further research as the by-law is developed to clarify the definition of a hate symbol, she said. "At the current time, the swastika and Confederate flag are the most commonly identifiable symbols of hate toward groups."

The Confederate flag was flown during the American Civil War by the secessionist states, notoriously by General Robert E. Lee's army that fought to preserve slavery. The symbol was later resurrected during the civil rights movement by those opposed to equal rights for Black people, and has since been associated with white supremacist groups.

Kojo Damptey, executive director of Hamilton Centre for Civic Inclusion, told CBC Hamilton he isn't aware of the city consulting community groups in its process to label what symbols are hateful, but banning them is a step forward.

Still, he hopes the city continues to work to define more symbols.

"I think those discussions are ongoing," Damptey said. "There are other symbols that need to be talked about."

While hate symbols will be banned on city property, people can still legally display them on private property.

Hamilton police spokesperson Const. Krista-Lee Ernst said it is not a criminal offence to fly a Confederate flag on one's own property. It would only be considered a crime if an investigation revealed that placement of the flag was motivated by hate.

"If [the symbol was] accompanied by words or an act or a sign, et cetera, the incident would be investigated," she said. "It's very, very specific. Like if that person doesn't own that property, then there's more there, but we live in Canada and it's the freedom of speech."

She added those hate crime laws aren't set at a local level.

Damptey said the city should have discussions with people who fly Confederate flags on their property.

18 recommendations also approved

The hate symbol ban followed councillors unanimously approving 18 recommendations to fight hate in the city, including creating a way to map local hate incidents, creating an action plan and investing funds toward prevention and safe spaces instead of punitive measures.

Rebecca Sutherns, a consultant who was brought on in 2019 to produce a report with recommendations, presented the findings during Monday's meeting.

She said "there's a certain sense of 'please don't make us tell this story again,'" among community members who have already asked the city to take more action.

"I would really encourage council to consider what can happen to make sure that this particular project cements the city's intention to make this a priority rather than potential adding to what I would describe probably as cynicism and as fatigue on the part of many who have been involved in these conversations for a long time."

The city has grappled with a reputation for hate. Statistics Canada data show it had the country's highest per-capita rate of hate crimes in 2019, 2018, 2016 and 2014.

Police also recently charged a Cambridge, Ont., man in what they described as a hate crime against a local Imam's family.

Ward 3 Coun. Nrinder Nann (Hamilton Centre) said Monday that community members are also seeking more details about extremists organizing within the city.

Advocates welcome report, underscore urgency

Sutherns' report included comparative research of cities in Canada, Australia, England and the U.S. that are similar to Hamilton to learn how they're approaching hate mitigation. It also included feedback from 375 locals, with an emphasis on those with a lived experience of discrimination.

Mouna Bile, Hamilton Community Legal Clinic's bilingual Black justice coordinator, along with Sandi Bell, Hamilton Anti Racism Resource Centre chair, echoed the recommendation that said the city needs to listen to concerns that have already been raised. Bile also urged councillors to make the report's findings a priority.

"When Indigenous community members teach us of the legacy of John A. Macdonald and the traumatic impacts his statue represents, we must listen," Bile said.

Kim Martin, Social Planning and Research Council (SPRC) executive director, said the time to act is now and also congratulated the city for completing the report.

She added SPRC supports the recommendations.

Morgan Stahl, the city's director of government and community relations, said staff will determine what steps the city has already taken and how it aligns with other municipal strategies. 

Then, she wants them to come back with "real, tangible timelines and objectives" and have a metric in place to gauge success.