FAQ

Who are the most frequently targeted for crime motivated by hate? 

In addition to race, color, national origin, and religion, individuals are targeted because of other aspects of their identity including disability status, sexual orientation, gender, and gender identity. Hate crime laws are designed to protect all individuals. While minority group members may be at greater risk for hate crimes, anyone can become a victim of a hate crime. 

Who commits crime motivated by hate? 

Nearly two-thirds of all known perpetrators of hate crimes are teenagers or young adults, not organized groups. Some people who commit hate crimes with their peers as a "thrill" while under the influence of drugs or alcohol. Other people who commit hate crimes may engage in scapegoating as a reaction against a perceived threat. 

How does crime motivated by hate impact communities? 

Hate crimes are different from other crimes in that the individual—whether purposefully or not—is sending a message to members of a given group that they are unwelcome and unsafe in a particular neighborhood, community, school, workplace, or other environment. Crimes motivated by hate simultaneously victimizes a specific individual and members of the group at large, as hate crimes are often intended to threaten entire communities. Being part of a community that is targeted because of immutable characteristics can decrease feelings of safety and security (Boeckmann & Turpin- Petrosino, 2002). Being a member of a victimized group may also lead to mental health problems. Research suggests that witnessing discrimination against one’s group can lead to depressed emotion and lower self-esteem (McCoy & Major, 2003). Hate crime can lead to lessened social cohesion and trust. 

How does hate crime differ from hate speech? Where does freedom of speech fit in? 

Under Criminal Code provisions 319 (1) and (2), speech that publicly incites hatred or willfully promotes hatred against an identifiable group is indictable. As well, under 318, advocating genocide is also an indictable offence. However, there are several defenses to these provisions. Free speech in Canada is well-protected and only when it falls under these provisions is it limited. The controversy in Canada has erupted not over criminal code provisions, but those in the Human Rights code.  In 2008 Richard Moon, Professor of Law University of Windsor, ON was appointed to report to the Canadian Human Rights Commission concerning Section 13 of the Canadian Human Rights Act on this issue and the Regulation of Hate Speech on the Internet. 

In a free society can we really expect to free ourselves of hate? 

Some people will always hold negative attitudes towards others. However, we can send a loud message through our communities that over acts of hate will not be accepted and will be dealt with by community and/or legal action. 

We don't have target groups in our community, so why should I care? 

We all have friends and families from different target groups. Attacks on them create a province and a nation that does not protect its most vulnerable citizens. You may be surprised to learn that your community has individuals who have experienced hate activity, but never reported it. Creating an inclusive, welcoming community helps to attract diverse Canadians to our local areas who bring with them new energy, skills, and ideas that can help us create stronger economic, social and cultural opportunities. 

Why do we need hate crime legislation? Isn't the current criminal code sufficient?  

Currently, hate crime definitions and data collection differ across the country and even within provinces. We need a more unified approach in Canada in order to better track and deal with hate crime and activity.​

Data collection depends entirely on hate motivation being identified and included in reports by front-line policing. However, if the Canadian Criminal Code (CCC) were amended to apply hate or bias as a motivating factor, the data would be routinely collected along with other police data and rolled up into the national crime statistics data. The Alberta Hate Crime Committee supports a stand alone section for hate in the Criminal Code that might read:

This section would be a stand alone provision of the CCC and would be an additional charge to the primary offence; for example, assault motivated by hate. The accused would be charged with two sections of the CCC (Assault 266 of the CCC and Hate Crime new section of the CCC). If a new section were added, hate motivation could be noted right at the time of the investigation and would go into the system regardless of whether or not charges are laid or the Crown uses the motivation to obtain a conviction.

This has the benefit of taking the burden off the Crown to prove hate motivation if there is little evidence, but the criminal code violation, e.g., an assault conviction, could still go ahead. What this also does is place the hate motivation on the perpetrator’s criminal record, providing investigators with an opportunity to see trends in past behaviour should the individual repeat the offense. It makes it possible to track people who engage in crime motivated by hate and develop a pattern of behaviour.

Why do crimes motivated by have enhanced sentencing provisions? 

Canadian law has a principle of proportionality in the sentencing process which argues that the severity of sentences should be directly proportional to the seriousness of the crime. In the case of hate crimes, there is a disproportionate harm due to the threat to other members of the target community and an affront to the general community. 

What should I do if I'm a victim of a hate crime or witness a hate crime? 

Contact your local police service or the RCMP immediately. For additional support, seek out Victims' Services in your area. 

What can I do to stand up against hate?  

What should I do if I see hate graffiti? 

Some police services and/or municipal governments have graffiti removal programs. Other communities have developed a contingency fund (by raising money through bake sales, etc.) to purchase supplies needed to cover graffiti. They have also received donations from local home improvement stores or from re-cycled paint depots at fire halls for paint and other materials that may be needed for repairs.

If you think the graffiti is a hate crime (such as defacement of a religious property), you should report it to the police.

We all have friends and families from different target groups. Attacks on them create a province and a nation that does not protect its most vulnerable citizens. You may be surprised to learn that your community has individuals who have experienced hate activity, but never reported it. Creating an inclusive, welcoming community helps to attract diverse Canadians to our local areas who bring with them new energy, skills, and ideas that can help us create stronger economic, social and cultural opportunities.