Hate Activity Part 2

Hate Crime

• 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.

• The Criminal Code of Canada provides enhanced sentencing powers when a crime is motivated by bias, prejudice, or hate.

• Section 718.2 of the Criminal Code considers evidence that the offence was motivated by bias, prejudice, or hate when imposing a sentence.

• 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.