Hate Crime: Under the Criminal Code of Canada there are three charges specific to hate:
- Section 318 - Advocating Genocide.
- Section 319 (1) - Public Incitement of Hatred.
- Section 319 (2) - Wilful Promotion of Hatred.
These charges require consultation with the Crown before they can be laid, as the facts of the case must meet specific legal criteria.
Outside of the above three charges, there are no specific "hate crime" charges in Canadian law.
However, police can consider a hate element in a criminal offence if both of the following conditions are met:
- A criminal offence must have occurred (e.g. an assault, damage to property, uttering threats etc.).
- 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.).
Overall, as mentioned above, in order for an incident to be designated a "hate crime" there must be a criminal act and a resulting charge first. The police service will then lay the criminal charge (i.e. uttering threats, assault, mischief, etc.).
The hate element is then addressed as the case moves through the court process. In most cases, this element is considered during the sentencing phase, where it can lead to enhanced penalties.
FYI: Combatting Hate Act is in the House of Commons committee phase: https://www.parl.ca/LegisInfo/en/bill/45-1/c-9
