Hate Crime

Question 1

Definition
Identifiable Group

Answer 1

Identifiable Group
means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability in accordance with section 318(4) of the Criminal Code (CC). Note: Section 318(4) CC does not include language as a factor for distinguishing an Identifiable Group for incidents of Hate Propaganda under section 318 CC only.

Question 2

Definition of Ready Status Incident

Answer 2

Ready Status Incident
means all types of incidents, circumstances or locations, which may be perceived to be, or are attributed to the global situation of unrest. This perception may be experienced by anyone, including community members. Such incidents may include but are not limited to suspicious persons or vehicles, mischief, harassing phone calls, assault, or found property.

Question 3

Criminal code offences that involve hate crimes

Answer 3

1. Advocating or promoting genocide is an offence under s. 318.
2. Public incitement of hatred against any Identifiable Group is an offence under s. 319(1).
3. Wilful promotion of hatred against any Identifiable Group is an offence under s. 319(2).
4. Willful promotion of antisemitism is an offence under s. 319(2.1).
5. A warrant of seizure for Hate Propaganda may be obtained under s. 320(1).
6. Section 430(4.1) provides for the offence of hate-motivated mischief relating to Property used by an identifiable group, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
7. Section 718.2(a)(i) requires the court to consider hate motivation as an aggravating factor on sentencing. Therefore, if a crime was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or gender expression, or on any other similar factor, this motivation should be brought to the attention of the Crown Attorney for the purposes of sentencing.

Question 4

What are the factors to help decide if a Criminal offence was hate-motivated/bias

Answer 4

(a) if a suspect has been arrested, any statements made by the suspect that would indicate that the crime was motivated by hate/bias toward any Identifiable Group;

(b) the absence of any apparent motive for the offence;

(c) the use or display of any symbols, graffiti, oral comments, electronic communications, acts or gestures that are commonly associated with hate/bias toward any Identifiable Group, or are known to be used by organized Hate Groups;

(d) whether the offence coincided with a holiday, event or date of significance (religious, historical) to the victim’s or suspect’s group;

(e) the lack of provocation by the victim;

(f) the perception of the victim or victim’s community of the motivation behind the offence;

(g) the perception of any witnesses to the offence;

(h) any historical animosity that exists between the victim’s group and the suspect’s group;

(i) whether the suspect has previously been involved in similar incidents, or is a member of an organized hate group or an organization which is known for its hate/bias/animosity towards members of the victim’s group;

(j) whether several occurrences have occurred in the community with victims from the same group and by a similar manner and means for each offence; and

(k) whether the offence occurred at the same time, or shortly after, a Hate Group was active in the community (e.g. distribution of hate literature).

Question 5

What is the task/duties for CIB when investigating a hate crime?

Answer 5

Investigative Personnel – Criminal Investigations Bureau shall:

(a) complete training related to Hate Propaganda or hate/bias investigations as determined by Officer-in-Charge of the Hate Crime Prevention Unit and/or Officer-in-Charge of the Criminal Investigations Bureau;

(b) conduct a thorough investigation in compliance with Procedure LE-006 Criminal Investigation Management Plan;

(c) determine if similar incidents have been reported to the police, or if there are possible linkages with known Hate Groups;

(d) when a suspect is arrested, ensure that it has been determined whether the offender owns, possesses or has access to firearms and if so, utilize powers available under the Criminal Code to seize the firearms;

(e) share appropriate information on the occurrence of Hate/Bias Motivated Crime with other police services;

(f) regularly update the Officer-in-Charge of the Hate Crime Prevention Unit on the status of the investigation;

(g) consult with Officer-in-Charge of the Hate Crime Prevention Unit and the local Crown Attorney with respect to the application of Section 718.2 of the Canadian Criminal Code outlines sentencing principles that courts must consider when imposing a sentence. It emphasizes that a sentence should account for relevant aggravating or mitigating circumstances related to the offence or the offender)

(h) if offences contravening section 318 and 319 of the Criminal Code appear to have occurred; liaise with the Officer-in-Charge of the Hate Prevention Crime Unit.