05-16 Hate / Bias Crime Flashcards
What is the Rationale?
The impact of crime motivated by hate or bias is far–reaching; extending beyond the physical and emotional trauma suffered by the victim and encompassing other members of the targeted group. Such crimes often heighten the isolation and vulnerability of the victim group and can cause severe stress for all members of the community. If unchecked, these crimes can result in escalating social tensions between different groups that can destroy communities.
An appropriate police response to hate/bias crime goes beyond law enforcement and must convey a strong message of our respect for, and commitment to, a diverse society. The commitment of the Toronto Police Service (Service) to the community is based upon valuing the equality and dignity of every person.
Supervision
Supervisory Officer mandatory notification
Supervisory Officer mandatory attendance
Divisional Detective Sergeant mandatory notification
Intelligence Services – Hate Crime mandatory notification
Procedure - For the purposes of this procedure, hate/bias crimes and hate propaganda will be reported as ________. Where the procedure indicates a ‘hate/bias crime’, offences under the ‘Hate Propaganda’ sections of the Criminal Code SHALL be substituted where appropriate.
separate offences
Procedure - A police officer SHALL be dispatched to every report of
hate/bias crime or hate propaganda.
Procedure - The Service is committed to the investigation of hate/bias crime and to assuming a _____. In addition, the Service is committed to working closely with all segments of the community to provide education programs on hate/bias crime and hate propaganda.
leadership role in the co-ordination of a strong police and community response
Procedure - The investigation of hate/bias crime is the responsibility of the divisional detective office but _____ will provide assistance and expertise to all investigations and prosecutions for these crimes. INT – Hate Crime will complete the________ to assist divisional analysts and investigators. INT – Hate Crime will also assist in developing ________.
INT – Hate Crime will be the central focus for the dissemination of information and support to divisional hate crime coordinators, other police services, government agencies and the community.
Intelligence Services – Hate Crime (INT – Hate Crime)
Hate Crimes Detail Page or its equivalent and maintain the Services information database of hate/bias occurrences and arrest
public education programs in partnership with other members of the Service and the community
Police Officer - When dispatched to the scene of a hate/bias crime SHALL
attend promptly
notify a supervisory officer of the circumstances
provide assistance to the victim by ensuring immediate medical attention is provided if required
offer the victim the assistance of Victim Services Toronto in accordance with Procedure 04–31, and document the victim’s response
conduct a Person Query, including a CPIC and Canadian Firearms Registry On–line (CFRO) check
determine whether any of the individuals involved in the occurrence own, possess, or have access to a firearm, ammunition, weapons, firearms certificate, registration certificate, permit, licence or authorization and comply with Procedure 05–21
consider using the search and seizure provisions contained in section 117 of the Criminal Code to minimize any subsequent risk to public safety
assess whether REASONABLE GROUNDS exist for believing there is a threat to safety by obtaining the type of information outlined in Chapter 5, Appendix A
protect the scene and secure all evidence, including such items as posters, literature, graffiti, recordings and
clothing in compliance with Procedures 04–21, 04–30 and 09–01
have the scene photographed where graffiti is found, or when evidence cannot be readily detached or retrieved
arrange with the property owner or occupier for the expeditious removal or covering of any graffiti following
photographs being taken
One of the most effective ways of curtailing the incidence of graffiti is have it removed or covered over within twenty four (24) hours.
The removal of graffiti from private property is the responsibility of the property holder. Maintenance of public property is the responsibility of the respective government agency.
Police Officer - Where initial investigation determines that an offence has been committed SHALL
complete the applicable eReports and include
a full description of the incident, including any statements or utterances made by the suspect where possible
the cultural/ethnic background of the victim and any past relationship with the suspect
information to assist in making further contact with victims and witnesses including addresses, phone
numbers and dates of birth
the applicable information contained in Chapter 5, Appendix A
A Firearms Interest Police (FIP) entry will be auto-generated from the eReport entry and uploaded to CPIC. The FIP database in CPIC flags an individual applying for a firearms licence who has committed, or threatened to commit, an act of violence. Such a flag is not an automatic refusal to issue a licence, but assists in the initial screening process or subsequent review by a Chief Firearms Officer.
consider the following criteria in determining if an incident is a hate/bias crime
motive or absence of motive
the perception of the victim and the community about the crime
the display of offensive symbols associated with hate groups (graffiti, symbols, hate literature, etc.)
the date and time of the occurrence corresponding to a date of significance to victim and/or suspect (i.e.
historical or religious)
a review of circumstances surrounding the incident including
‒ the group involved in the attack
‒ the manner and means of attack
‒ similar incidents in the same area or against the same victim ‒ statements, comments or gestures used by the suspect
ensure the Canadian Centre for Justice Statistics (CCJS) – Crime Types – Hate Crime study flag is checked ‘yes’ or ‘suspected’ in the eReport
provide the relevant eReport numbers to
INT – Hate Crime
divisional detective sergeant
Generally, no single factor is sufficient to make a determination of what constitutes a hate/bias crime. It is often the result of cumulative information that supports such a finding. It is not enough to determine that the suspect was biased against the victim but rather that the motivation for the commission of the criminal act was hate or bias.
Police Officer - When a suspect is arrested for a hate/bias crime SHALL
comply with Procedure 01–01
clearly indicate ‘hate/bias crime’ at the top of the eReport
ensure the eReport indicates the hate/bias nature of the charges
provide the relevant eReport numbers to
INT – Hate Crime
divisional detective sergeant
comply with Procedure 17–01, if applicable
Police Officer - When investigating an incident that appears motivated by hate but revealing no apparent offence SHALL
preserve and collect any evidence that may assist in any further investigation of the allegation in compliance with Procedures 04–21, 04–30 and 09–01
complete the appropriate eReports
submit a TPS 228 to place the address on the Special Address System, if appropriate
provide the relevant eReport numbers to
INT – Hate Crime
divisional detective sergeant
Police Officer - Upon conclusion of the at-scene investigation SHALL
enter the disposition of the call on the mobile workstation or notify the Communications Operator – Communications Services
if the situation varies from the original event type (e.g., check address, dispute, etc.)
obtain a divisional supervisory officer’s badge number and approval to change the event type
request the communications operator to change the event type to reflect the true situation
record all notifications and attendance or non-attendance of supervisor in the eReport
scan and attach all memorandum book notes and hard copy reports to the original eReport before reporting off duty
INT – Hate Crime will complete the Hate/Crime Detail Page or its equivalent.
Supervisory Officer - The supervisory officer SHALL
be responsible for the quality and thoroughness of the uniform response.
Supervisory Officer - Upon being notified of an incident suspected to be a hate/bias crime SHALL
attend the scene
assign sufficient police officers to ensure a thorough investigation is conducted
ensure all evidence is dealt with in compliance with Procedures 04–21, 04–30 and 09–01
request the attendance of investigators from the divisional detective office, Detective Operations – Forensic Identification Services, INT – Hate Crime and Victim Services Toronto, as appropriate
ensure compliance with Procedure 04–31, if required
assure the victim and the community that the Service will fully investigate the occurrence and assist the community in taking measures to prevent any repetition of the offence
advise the Officer in Charge of all relevant facts
Supervisory Officer - When an officer determines a call is not for a hate/bias crime or hate/bias incident and requests to change the event type SHALL,
ensure the criteria in this procedure has been met and approve the request if appropriate under the circumstances.
Case Manager - Upon initiating an investigation of a hate/bias crime SHALL
ensure the relevant eReport numbers are provided to INT – Hate Crime
ensure the divisional hate crime coordinator is advised of significant aspects of the investigation
where applicable, consider and exercise all powers of search and seizure, with and without warrant, relating to
weapons, firearms, ammunition, explosives and the related licences, certificates or permits
ensure that the victim is offered the assistance of Victim Services Toronto, in accordance with Procedure 04–31
when firearms are or may be a factor
notify Organized Crime Enforcement – Integrated Gun and Gang Task Force
comply with Procedure 05–21
Case Manager - When an arrest results from an investigation SHALL
ensure that information on the hate/bias aspect of the crime, is noted in the eReport (prosecution summary) and the top of the report clearly indicates ‘hate/bias crime’
in cases involving stalking, threatening or harassing behaviour, and where there is an identifiable target and
serious potential for violence, consult with the divisional detective sergeant regarding consultation with Detective
Operations – Sex Crimes – Behavioural Assessment Section (BAS)
consider contacting all persons known to police who may provide the accused access to firearms or related
licences, certificates or permits
apply for a prohibition order or seek a revocation where REASONABLE GROUNDS exist to believe it is not desirable in the interests of safety for the offender to possess weapons
Officer in Charge - Upon being notified of a hate/bias crime SHALL ensure
detective personnel attend the scene as required
in cases involving bodily harm or major property damage, the Unit Commander and INT – Hate Crime, are notified promptly
compliance with Procedures 17–01 and 17–08, if applicable
the relevant eReport numbers are provided to the divisional detective sergeant
the particulars are recorded in the Unit Commanders Morning Report (UCMR)
Officer in Charge - When booking a prisoner, and before considering release, SHALL ensure all reasonable inquiries have been made into the possession by an accused of
weapons, firearms, authorizations, permits, Firearms Acquisition Certificate, etc., and that such items are surrendered before release to enhance victim safety.
Detective Sergeant - Upon being notified of a hate/bias crime SHALL
review the circumstances to determine if further action is required
ensure the eReport number is provided to the divisional hate crime coordinator
Detective Sergeant - If further investigation is not warranted or a charge is not supported SHALL
add supplementary information to the original eReport detailing the reasons for the decision
ensure the victim and INT – Hate Crime are advised of the decision
Detective Sergeant - If further investigation is warranted SHALL
assign the appropriate resources to the investigation including assistance from INT – Hate Crime
ensure all evidence is dealt with in compliance with Procedures 04–21, 04–30 and 09–01
Detective Sergeant - In all cases where a charge is supported SHALL ensure
the investigation is completed in compliance with the applicable Service Governance
evidence is submitted for expert examination, if necessary
compliance with Procedure 17–04, if applicable
the victim is informed of developments in the investigation
at the conclusion of any court proceeding
supplementary information is added to the original eReport, indicating the disposition of the case
INT – Hate Crime is advised of the disposition
Detective Sergeant - When an arrest has been made in a hate/bias crime case involving stalking, threatening or harassing behaviour; and where there is an identifiable target and serious potential for violence SHALL contact
the BAS for advice, referral or an assessment of risk, if appropriate.
Divisional Hate Crime Coordinator - When designated by the Unit Commander SHALL
notify and consult with INT – Hate Crime Unit of all hate-related occurrences
maintain a unit specific database of all hate-related occurrences to ensure proper review and classification for thE purpose of consistency
track all hate crime cases to ensure proper application of the increased sentencing provisions of section 718.2 (a)(i) of the Criminal Code
provide information and assistance to divisional personnel on hate-related occurrences
Divisional Hate Crime Coordinator - Upon notification of an incident suspected to be a hate/bias crime SHALL ensure
appropriate referrals are made to community based agencies to assist in resolving/defusing the incident
that the victim is offered the assistance of Victim Services Toronto, in accordance with Procedure 04–31
a TPS 228 is completed to place the address on the Special Address System, if appropriate
supplementary information is added to the original eReport occurrence, outlining the action taken and any
resolution achieved
the CCJS – Crime Types – Hate Crime study flag is checked ‘yes’ or ‘suspected’ in the eReport
Definitions - Hate/Bias Crime
means a criminal offence committed against a person or property that is motivated by hate, bias, or prejudice based on the victim’s race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor.
This is found in s. 718.2 (a)(i) of the Criminal Code, which contains increased sentencing provisions for the aggravating circumstances.
Definitions - Hate Incident
is a non-criminal action or behaviour that is motivated by hate against an identifiable group. Examples of hate incidents include using racial slurs, or insulting a person because of their ethnic or religious dress or how they identify. (For example, a neighbour dispute or a dispute in a parking lot, which escalates to verbal abuse, derogatory or racial slurs.)
Definitions - Hate Propaganda
means any communication that advocates or promotes genocide against any identifiable group or makes statements that are likely to promote hate against any identifiable group because of colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
Hate propaganda offences are found in s. 318 and 319 of the Criminal Code. Advocate genocide and wilful promotion of hatred require the permission of the Attorney General to proceed with prosecution.
Public incitement of hatred does not require the consent of the Attorney General.
Intelligence Services – Hate Crime will liaise with the Ministry of the Attorney General and advise the respective detective office when a decision by the Attorney General has been made concerning the commencement of legal proceedings in cases of hate propaganda.
These definitions are provided to clarify the difference in victim groups between a criminal offence motivated by hate and the more limited definition relating to hate propaganda. The differences are particularly important when the increased sentencing provisions for aggravating circumstances are applied to hate crimes using the expanded definition in s. 718.2 of the Criminal Code
