Canadian-Nigerian woman faces two-year jail term or deportation over hate speech

Amaka Sonnberger, a Canada-based Nigerian woman, arrested by Toronto Police for making hate-motivated threats against individuals of Yoruba and Benin descent, could face a potential two-year prison sentence if convicted, or deportation if she is found to be a migrant.

The arrest followed a disturbing virtual meeting on TikTok where Sonnberger was heard making threats against Yoruba and Benin people.

In a clip shared widely on social media, Sonnberger was recorded saying in Pidgin English, “Record me very well; it’s time to start poisoning the Yoruba and Benin. Put poison for all una food for work. Put poison for una water; make una dey kpai one by one.”

The Toronto Police Hate Crime Unit acted swiftly after receiving reports of the incident on August 28, 2024.

According to the police statement, “Toronto Police have arrested a woman in connection with a suspected hate-motivated threat investigation. The arrest follows a report received on August 28, 2024, regarding a threatening incident.”

Sonnberger’s case is being treated with utmost seriousness under Canadian law.

According to Section 319 (1a) of the Canadian Criminal Code, anyone convicted of inciting hatred against an identifiable group could face up to two years in prison.

The section reads: “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.”

However, the implications for Sonnberger could be even more severe if she is not a Canadian citizen.

The “Migrants Know Your Rights Guide,” published by several advocacy groups, notes that migrants convicted of crimes punishable by more than six months in prison could face deportation.

This applies to both temporary and permanent residents, although the specific consequences can vary based on their status and the nature of the crime.

If Sonnberger is found to be a migrant and is convicted, she could be deported from Canada.

The guide states, “If you are convicted of a crime, you could lose your immigration status. Whether you lose your status depends on ‘how serious’ the crime is, the specific crime committed, and the type of status you possess.”

For permanent residents, a prison sentence exceeding six months for certain crimes could result in losing their status.

For those without permanent status, even minor offences can lead to deportation if they are deemed indictable.

Toronto Police have indicated that hate will be considered an aggravating factor in sentencing if Sonnberger is convicted.

The statement also mentioned that charges related to hate speech, such as promoting hatred or advocating genocide, require the Attorney General’s consent and are often subject to procedural delays.

The police statement noted, “When suspected hate-motivated offences are reported to the police, the investigation could be led by a Divisional Investigator with the support of the Hate Crime Unit, or in some cases, will be investigated exclusively by the HCU.”

The article was originally published on Politics Nigeria.