What is a hate crime?
CBC News
Posted: Jun 15, 2011 6:50 PM ET
Last Updated: Jun 17, 2011 5:04 PM ET
The Criminal Code of Canada says a hate crime is committed to intimidate, harm or terrify not only a person, but an entire group of people to which the victim belongs. The victims are targeted for who they are, not because of anything they have done.
A hate crime is one in which hate is the motive and can involve intimidation, harassment, physical force or threat of physical force against a person, a group or a property
Two Nova Scotia men were convicted under Canada's hate crime laws in relation to a cross-burning incident on the lawn of an interracial couple in Windsor, N.S. The photo is from the RCMP.Two Nova Scotia men were convicted under Canada's hate crime laws in relation to a cross-burning incident on the lawn of an interracial couple in Windsor, N.S. The photo is from the RCMP. (CBC)
In Canada it is also a crime to incite hatred. Sections 318 and 319 are the relevant sections of the Criminal Code.
Under Section 318, it is a criminal act to "advocate or promote genocide" — to call for, support, encourage or argue for the killing of members of a group based on colour, race, religion, ethnic origin or sexual orientation.
Section 319 deals with publicly stirring up or inciting hatred against an identifiable group based on colour, race, religion, ethnic origin or sexual orientation.
It is illegal to communicate hatred in a public place by telephone, broadcast or through other audio or visual means. The same section protects people from being charged with a hate crime if their statements are truthful or the expression of a religious opinion.
The mischief section, 430, covers hate-motivated mischief and religious property in subsection 4.1.
It provides for harsher sentences than mischief involving other property. Bill C-451, introduced in the last parliament, would have added schools, community centres, daycares and other property to 4.1. However, the bill died with the election call.
The section of the code on sentencing (718.2) encourages judges to consider whether the crime was motivated by hate of the victim's race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor.
Under section 13 of the Canadian Human Rights Act it is a "discriminatory practice" to send hate messages via telecommunications equipment, including the internet. |
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