In a court case between a homeowner’s Charter right to freedom of expression and the use of Nazi swastikas on his house, versus a municipality’s crackdown on symbols of hate, which side should prevail?

B’nai Brith Canada’s Henry Topas, pointing earlier this year at the Nazi symbols displayed on the house in Saint-Bernabe Sud

According to court documents, the story began in 2022 when municipal building inspectors received complaints that Yahia Meddah was operating a generator inside his house on Saint Amable Row in the small Quebec municipality of Saint-Barnabé-Sud (2021 population 962).

An emergency inspection of the house revealed that it contained a generator, a barbecue and propane tanks, but no smoke or carbon monoxide detectors.

The house was reportedly believed to be home to about 12 people, including four children.

When municipal inspectors returned, Meddah refused to let them in and told them to return with a warrant.

The municipality then applied to court for the right to conduct a follow-up inspection.

Meddah countered by accusing a town official of harassment and discrimination.

On June 7, 2023, Justice J. Sebastien Vaillancourt ruled that Saint-Barnabé-Sud had the right to inspect the premises, and that Meddah’s allegations of discrimination were not supported by the evidence. The municipality was authorized to remove and dispose of hazardous material.

Not long after the court’s ruling, swastika signs appeared on the outside of the house along with wording, in French, translated as: “The most racist city in the world.”

The municipality was back in court within weeks and obtained a temporary injunction ordering the removal of the signs.

A further hearing in November 2023 extended the injunction and ordered the removal of the offending signs and his website.

Last month, the parties were back in Quebec Superior Court where Meddah was charged with violating an injunction by continuing to post signs depicting the swastika and the Nazi salute.

He also was charged with breaching the prior court order by failing to take down his website and not removing signs accusing the municipality of racism alongside photos of Adolf Hitler and Kim Jong-Un.

On March 14, Justice Chantal Lamarche ruled Meddah was in contempt of court for failing to comply with the previous court orders requiring removal of the website and signs containing the Nazi symbols. The case was adjourned to set a date to fix a penalty.

“We applaud Saint-Barnabé-Sud for standing up for what is right,” said Henry Topas, B’nai Brith Canada’s Regional Director for Quebec and Atlantic Canada.

“This decision underscores the need for legislation to combat the use of Nazi symbols, such as the Hakenkreuz (swastika), which are increasingly being used to harass people and spread hate.”

During an earlier visit to Saint-Barnabé-Sud, Topas said, “these hate symbols are not just an affront to Jewish Canadians. Thousands of Canadians, including many Quebecois, fought and died to bring down Hitler’s regime. As Canadians, we must unite to reject the perverse use of the Nazi Swastika and other Nazi imagery.”

It’s time for the government to take action.

B’nai Brith Canada has launched a petition for the Government of Canada to ban the public display of Nazi iconography.