“He is eight years old. He said, “mom are we the wrong color?” That was last Thursday afternoon after an incident she said happened outside her home in Montreal’s LaSalle district. “I was backing out of the road and I saw the man coming down the road and I said ‘I’m going to stop the car,’” he explained. The mother of two said her eight-year-old daughter was with her. According to Hosein, at one point the man began berating her and her husband, who was standing outside on the passenger side, for not speaking French, and told them to go home.

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Story continues below ad In the video, the man can be heard saying in French, “Your home is India. India or Pakistan’. Hossein said both she and her husband, though of South Asian heritage, were born in Montreal and speak French. They are grateful that those who live nearby came to help. “My neighbor came out trying to talk to him and said, ‘you’re from France, go back to France,’” Hossein recalled. That neighbor, Caroline Vinchon, told Global News she felt compelled to defend Hosein and her husband. “You can’t insult a person because of their color or their origin,” he said. “It’s not fair, it’s not right.” 2:01 Data shows hate crimes on the rise in Canada Data shows hate crimes on the rise in Canada – August 3, 2022 Hossein filed a police report which he says has been referred to the hate crimes unit. Story continues below ad “When a file is referred to the Hate Incident and Crime Unit (MICH), investigators will analyze the file to determine if a crime has been committed,” spokeswoman Caroline Labelle wrote in an email. “If this is not the case and it is more of a hate incident, awareness and prevention actions will be taken with the person behind the incident. The complainant will also be followed up.”

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However, according to criminal defense attorney Philip Schneider, based on Hosein’s video, the man did not break the law. She explained that she and her husband were being protected by the car, and even though she was swearing at them, “that’s not an attack.” Snyder said: “If there was no vehicle between them and he was approaching (the husband), he would have reasonable grounds to believe that this gentleman was a threat to him and that he might attack him, then the gentleman would have.” I am guilty of felonious assault.” Snyder also explained that the incident in the video does not meet the criteria for a hate crime. “In the matter of hate propaganda or hate crime or promoting hatred, as a general rule, the person in question that you want to charge for it in a formal court,” he explained, “must have made comments that promote hatred. against a recognizable team”. Story continues below ad “(The man) is lucky no one recognized the group (in the video) and you couldn’t see who he was talking to.” Even if investigators did follow up, Snyder pointed out, the man would be under no obligation to talk to them.

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Police in Montreal explain the difference between a hate crime and a hate incident on their website. For now, Hosein is focused on getting help for her daughter who she said is afraid to leave home. 2:11 Suspected hate crimes leave Vancouver Island family terrified Previous Video Next Video © 2022 Global News, a division of Corus Entertainment Inc.