Toronto Police Service reported that Amaka Sonnberger, a Canadian-Nigerian woman, who threatened to poison the Yoruba and Benin people, has been arrested and is due to appear in court on Monday, September 2, 2024.
The report of her arrest on September 1, 2024, is sequel to a video clip that started trending on TikTok where she was heard making anti-Yoruba and anti-Benin people. She later boasted that she could not be arrested or deported because she is a Canadian.
Speaking in Pidgin English, she said, ”It’s time to start poisoning the Yoruba and the Benin. Put poison for all una food for work. Put poison for una water, make una dey kpai one by one”. Kpai is a Pidgin English which means die.
So, what does the Canadian Law say about hate-motivated speech like Amaka’s? If found guilty, will she be sent to prison? Or is there a possibility of being deported as reported by some people?
The Criminal Code of Canada specifically outlines three offences that pertain to hate and the hate speech by Amaka Sonnberger made against the Yorubas and the Benins may be classified under any of the three.
Section 318 of the Canadian Criminal Code explains why genocide and the penalties anyone who is “advocating genocide” could face. While section 319 is subdivided into two: Section 319 (1) covers “Public Incitement Of Hatred”; Section 319 (2) covers “Willful Promotion of Hatred”.
While it can be argued that Amaka’s hate speech can be classified under any of the above crimes, broadly speaking she can be charged for violating the two sections.
Let’s start with what Canada’s Toronto Police Service (TPS) has charged her for, “hate-motivated” under section 319 (1) and (2):
319 (1): Everyone who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of:
a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
b) an offence punishable on summary conviction.
The sub-section of the criminal code says: Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of:
a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
b) an offence punishable on summary conviction.
If her speech can be proven that it could instigate genocide, then it would be sufficient enough to charge her for violating Section 318 of the criminal code. Subsection 1 of this Sections says:
Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
It defines genocide as “acts committed with intent to destroy in whole or in part any identifiable group, namely:
killing members of the group;
Amaka Sonnberger’s audio speech is targeted as killing the Yoruba and the Benin people. As such, she has intention to commit an act of genocide.
Or
deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
Again, the seemingly bitter Nigerian woman, who is alleged to have Igbo origin, has the intention of inflicting life calculated to bring about the destruction of the Yoruba and the Benin people.
As Nigerians await the outcome of the hate-speech case against the 46-year-old woman, there is no possibility of being deported. However, she would be tried according to Canadian law.
