05-16 Hate/Bias Crime - Definitions

Question 1

Hate/Bias Crime means:

Answer 1

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 of the Criminal Code, which contains increased sentencing provisions for the aggravating circumstances.

Question 2

Hate Propaganda means:

Answer 2

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 willful 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.