Canada

The Confederate flag at home in the Hamilton area calls for changes in hate symbols laws

Every time Amy Archibald-Warley saw a Confederate flag waving in the wind at Hamilton’s country house in her neighborhood, she said she was afraid and confused.

“I have young children … they are also racial … it’s worrying because it’s like, ‘My kids are going to face this kind of hatred?’ Will my children be called n or will they have to experience this kind of fear? “Hamilton Archibald-Varley, a Canadian from Jamaica, told CBC.

Archibald-Varley said she and her family live minutes from home.

The Confederate battle flag was waved during the American Civil War, famous for the army of General Robert E. Lee, which fought to preserve slavery and became synonymous with secessionist states.

The symbol was later resurrected during the civil rights movement by those who oppose equal rights for blacks, and has since been associated with white supremacy groups.

Last summer, Hamilton city councilors voted to ban the flag and the Nazi swastika from the city’s property, classifying them as symbols of hatred. Police then acknowledged that it was not a crime to fly the Confederate flag over their own property. It will only be considered a crime if the investigation reveals that the flag is motivated by hatred.

Archibald-Varley says she initially tweeted about the flag in February, but shared another tweet Sunday that drew the attention of the Canadian Hate Network (CAHN), the Hamilton Anti-Racist Coalition (HAARC) and the Hamil Civic Inclusion Center. (HCCI)).

“Why would anyone think it’s acceptable?” she asked.

The city has encountered a reputation of hatred. Statistics Canada shows that it has the highest percentage of hate crimes per capita in the country in 2019, 2018, 2016 and 2014.

Residents say they are not interested in worries

CBC Hamilton visited the home in Binbrook, southeast of downtown Hamilton, on Tuesday afternoon. The flag was visible in front.

The man who opened the door, who did not want to be named, said he “does not care what other people think” and said he did not think the flag was racist.

They also said they had been waving the flag for more than two years, had no previous complaints, and said other locals were waving the flag.

“I fly with this for freedom, this is my choice. I live in a free country,” said the resident.

“I’m an individual and I’m right … it’s not offensive, it’s all about how you decide to watch it … if I could afford General Lee, I would park it in the driveway.”

The owner of the house said he would continue to wave the Confederate flag and did not care how people treated the flag. (Bobby Hristova / CBC)

CAHN, HAARC and HCCI said the flag did not represent freedom and was not ambiguous – it was clearly racist.

“It celebrates the slavery and murder of blacks,” said CAHN Deputy Director Elizabeth Simons.

“The fact that it is formulated as an argument for freedom of speech is not surprising to us … it is unfortunate that the homeowner feels this way.”

HAARC Executive Director Lyndon George said the situation was a stark reminder that there was still work to be done to combat racism.

“Obviously there is a break in the experiences of those who are deeply affected by these flags and symbols,” he said.

“It’s painful to see him in the place where you live.”

Police say they can’t take him down

Hamilton police spokesman Jackie Penman said the service had seen the post on social media, prompting a visit to the home.

The resident told the CBC that police in Hamilton arrived on Monday night. Penman said police met with the homeowner to brief them on the impact on the community.

“Unfortunately, there is currently no legislation to give police grounds to charge or force a homeowner to lower the flag,” Penman said.

“The threshold would be the intent to commit a crime such as intentionally inciting hatred or public incitement to hatred, for example.”

Simons said the CAHN claims the flag violates the law, but police are too calm in their interpretation of the law.

George and HCCI CEO Kojo Dumpty said the situation shows that the laws around hate symbols are not strict enough.

“First, we need to change the penal code. Second, there must be provincial laws that legitimize the standard definition of what a hate crime is, and at the municipal level municipalities must ensure that there are no hate symbols in their bylaws and that property and private property are not depicted in the city. ” said Dumpty.

“Politicians must take action”

Archibald-Varley said that despite the marking of Mayor Fred Eisenberger and MP Donna Skelly in his tweets about the flag, she did not receive a response from any politician.

CBC Hamilton contacted Skeli and the mayor for comment.

The city’s social media account responded to one of Archibald-Varley’s tweets with a request to report the incident to police. She said the answer was inadequate.

Archibald-Varley said elected officials should condemn the flag flying in the house.

“Maybe if we don’t have leaders who are willing to talk about this hatred, we should have other people who are willing to do it. she said.

“There are a lot of racist people here and we feel alone. We feel they don’t hear us and I think it’s time for people to stand up to it.”

For more stories about the experiences of black Canadians – from anti-black racism to success stories in the black community – see Being Black in Canada, a CBC project that black Canadians can be proud of. You can read more stories here.

(CBC)