A Canada-based Nigerian woman has been arrested for making threats against the Yoruba community. She now faces the possibility of a two-year prison sentence. Learn more about the case and its implications.
Amaka Sonnberger, a Nigerian woman based in Canada who was apprehended on Monday may face up to two years imprisonment or expulsion from the country if proven guilty of inciting violence against individuals of Yoruba and Benin heritage.
On Monday, our correspondent discovered that the individual who was taken into custody by Toronto Police on September 1, 2024 for purportedly issuing hate-motivated threats against the Nigerian community is scheduled to make a court appearance on September 2nd of that same year.
According to the Canada Justice Laws website, Section 319 (1a) of the Canadian Criminal Code stipulates that individuals found guilty of inciting public unrest may be sentenced to a maximum imprisonment period of two years.
Any individual who incites hatred against a specific group in public, which has the potential to cause a disturbance of peace, will be charged with either an indictable offense leading up to 2 years imprisonment or punishable by summary conviction.
According to the “Migrants Know Your Rights Guide – Facing Immigration Arrest, Detention, Deportation” published in 2021 by Butterfly (an Asian and Migrant Sex Workers Support Network), the International Human Rights Programme at the University of Ontario, and No One Is Illegal Toronto’s Immigration Legal Committee; Sonnberger may be deported if convicted as a migrant while holding temporary or permanent resident status in Canada.
According to the guide, deportation is a possibility for any immigrant in Canada who receives a prison sentence exceeding six months.
The guide stipulates that a criminal conviction may result in the loss of your immigration status, with severity of the offense, type of crime and residency category being contributing factors towards determining it. For instance, temporary or permanent resident statuses will have different implications when affected by such convictions.
If someone with permanent resident status is given a prison sentence exceeding six months for a certain crime, or if the crime has a maximum imprisonment term of 10 (or more) years, they may lose their residency.
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Conversely, an individual who doesn’t have a permanent resident status might forfeit their immigration status for committing either an ‘indictable’/’hybrid’ offense or two separate offenses resulting from unrelated events, regardless of the offenses being minor.
Last Tuesday on TikTok’s virtual meeting, Sonnberger was recorded advocating for the poisoning of people belonging to Yoruba and Benin ethnicity.
Sonnberger spoke primarily in Pidgin English and made threatening remarks about poisoning the Yoruba and Benin communities. He exclaimed, “Make sure to record me clearly; it’s time we poisoned all of their food at work. Poison their water too, so they’ll die one by one.”
The widespread outrage caused by her hateful remarks prompted Nigerians from all walks of life to call for investigation and arrest by the Canadian authorities.
The Toronto Police Hate Crime Unit promptly confirmed the arrest of the suspect and declared that they would treat this as a hate-driven crime.
On September 1, 2024, the Toronto Police released a statement titled “Arrest Made in Suspected Hate-Motivated Threat Investigation”, which stated that a woman had been apprehended. The investigation was prompted by reports of a threatening incident on August 28th with suspected hate-motivations. This announcement appeared partly on their website.
Amaka Sonnberger, 46 years old from Toronto, is accused of publishing menacing online content targeting certain individuals within the Nigerian community during or approximately on August 25th in the year 2024.
According to the statement, consultation with the Crown may be involved in these crimes. The presence of hatred is considered an aggravating factor during sentencing once convicted. Furthermore, charges associated with hate speech – such as endorsing genocide or promoting hate – necessitate consent from the Attorney General and are often delayed.
If suspected hate-motivated offenses are reported to the police, either a Divisional Investigator with assistance from the Hate Crime Unit or solely the HCU itself will conduct an investigation.
If an accusation of a criminal offence such as assault or mischief is made and it seems to have been provoked by prejudice, bias, or hatred, the officer-in-charge may seek advice from the Crown. In case someone is indicted and found guilty of said crime, hate shall be considered as an aggravating aspect during sentencing by the judge.
According to the statement, acts of promoting hatred and encouraging genocide are considered hate propaganda (hate speech) offenses that necessitate obtaining Attorney General’s consent in order to press charges. These charges can be initiated at a later point.
The suspect had recently claimed that her Canadian nationality would prevent her from being arrested.
