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Questions and Answers
What is the maximum term of imprisonment for wilfully promoting hatred against an identifiable group under Section 319 of the Criminal Code?
What is the maximum term of imprisonment for wilfully promoting hatred against an identifiable group under Section 319 of the Criminal Code?
What is the penalty for inciting hatred against an identifiable group in a public place under Section 319 of the Criminal Code?
What is the penalty for inciting hatred against an identifiable group in a public place under Section 319 of the Criminal Code?
What is the focus of Section 13(1) of the Ontario Human Rights Code?
What is the focus of Section 13(1) of the Ontario Human Rights Code?
What is the relationship between the Ontario Human Rights Code and the Criminal Code in regards to hate activity?
What is the relationship between the Ontario Human Rights Code and the Criminal Code in regards to hate activity?
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What is the result of inciting hatred against an identifiable group in a public place under Section 319 of the Criminal Code?
What is the result of inciting hatred against an identifiable group in a public place under Section 319 of the Criminal Code?
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What is the scope of the Ontario Human Rights Code in regards to hate activity?
What is the scope of the Ontario Human Rights Code in regards to hate activity?
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What is the primary motivation behind a hate crime?
What is the primary motivation behind a hate crime?
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What does Section 718.2 of the Criminal Code of Canada consider when imposing a sentence?
What does Section 718.2 of the Criminal Code of Canada consider when imposing a sentence?
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What is hate propaganda?
What is hate propaganda?
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What is the maximum imprisonment term for advocating genocide?
What is the maximum imprisonment term for advocating genocide?
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What is one of the acts that constitute genocide, according to Section 318 of the Criminal Code?
What is one of the acts that constitute genocide, according to Section 318 of the Criminal Code?
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What is the difference between 'advocating genocide' and 'public incitement of hatred'?
What is the difference between 'advocating genocide' and 'public incitement of hatred'?
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What are the factors that can be considered aggravating or mitigating circumstances in a hate crime?
What are the factors that can be considered aggravating or mitigating circumstances in a hate crime?
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What is the purpose of the hate propaganda section of the Criminal Code?
What is the purpose of the hate propaganda section of the Criminal Code?
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Study Notes
Hate Crime
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A hate crime is a criminal offence 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 any other similar factor.
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The Criminal Code of Canada provides enhanced sentencing powers when a crime is motivated by bias, prejudice, or hate.
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Section 718.2 of the Criminal Code considers evidence that the offence was motivated by bias, prejudice, or hate when imposing a sentence.
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A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing: (i) evidence that the offence 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 any other similar factor.
Hate Propaganda
- Hate propaganda is any communication that promotes hatred based on colour, nationality or ethnic origin, race, religion, and/or sexual orientation.
- The hate propaganda section of the Criminal Code is divided into two sections: Advocating Genocide and Public Incitement of Hatred.
Advocating Genocide
- Section 318 of the Criminal Code makes it an indictable offence to advocate or promote genocide, punishable by up to five years' imprisonment.
- "Genocide" means any act committed with intent to destroy in whole or in part an identifiable group, including killing members of the group or deliberately inflicting conditions of life calculated to bring about its physical destruction.
Public Incitement of Hatred
- Section 319 of the Criminal Code makes it an offence to incite hatred against any identifiable group in a public place, where such incitement is likely to lead to a breach of the peace.
- The offence is punishable by up to two years' imprisonment or by summary conviction.
- Wilful promotion of hatred against any identifiable group, other than in private conversation, is also an offence.
The Ontario Human Rights Code
- Section 13(1) of the Ontario Human Rights Code deals with an announced intention to discriminate, making it an infringement of a right under Part I to publish or display a notice, sign, symbol, or other representation that indicates an intention to infringe a right or incite the infringement of a right.
- Activity captured under this section may also amount to hate under the Criminal Code.
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Description
This quiz covers the definition and laws related to hate crimes in Canada, including the Criminal Code's provisions for enhanced sentencing in bias-motivated offenses.
