Hate motivated crimes
Currently in Canada, there is no such thing as a Hate Crime under the Criminal Code. There are three offences that specifically reference to hate in the criminal code and they fall under the Hate-Propaganda section, they are as follows:
1.) Section 318 - Advocating Genocide.
2.) Section 319 (1) - Public Incitement of Hatred.
3.) Section 319 (2) - Wilful Promotion of Hatred.
Hate-Motivated or Bias-Motivated Crime:
In order for police to lay a Hate-Motivated or Bias-Motivated criminal charge, there are two things that must first occur:
Consultation With Crown Attorney and Consent From The Attorney General
Police must balance Constitutional Rights with the Criminal Code of Canada which makes investigations very complicated.
Before laying Hate-Motivated or Bias-Motivated criminal charges under the Criminal Code of Canada, police are required to conduct an investigation and then turn the file over to the local Crown Attorney's Office and get consent from the Attorney General's Office.
Crime Reporting
Call 9-1-1 if you are in immediate danger.
1.) Section 318 - Advocating Genocide.
- Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
- (2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
- (a) killing members of the group; or
- (b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
- (3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.
- (4) In this section, 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.
2.) Section 319 (1) - Public Incitement of Hatred.
- 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.
3.) Section 319 (2) - Wilful Promotion of Hatred.
- Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group 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.
Hate-Motivated or Bias-Motivated Crime:
In order for police to lay a Hate-Motivated or Bias-Motivated criminal charge, there are two things that must first occur:
- 1.) A criminal offence must have occurred (e.g. an assault, damage to property, uttering threats etc.).
- 2.) Hate or Bias toward a victim must have motivated the criminal offence (e.g. because of the victim's race, nationality, ethnic original, language, colour, religion, sex, age, mental or physical disability, sexual orientation etc.).
Consultation With Crown Attorney and Consent From The Attorney General
Police must balance Constitutional Rights with the Criminal Code of Canada which makes investigations very complicated.
Before laying Hate-Motivated or Bias-Motivated criminal charges under the Criminal Code of Canada, police are required to conduct an investigation and then turn the file over to the local Crown Attorney's Office and get consent from the Attorney General's Office.
Crime Reporting
Call 9-1-1 if you are in immediate danger.
