Hate and Bias Motivated Crimes

• In an emergency, dial 9-1-1
• In a non-emergency, call 905-825-4777

There is no such thing as a Hate Crime in the Criminal Code of Canada. There are only four offences in the Code that specifically pertain to hate; they fall under the Hate-Propaganda section and they are as follows:

Section 318 - Advocating Genocide

Section 319 (1) - Public Incitement of Hatred

Section 319 (2) - Wilful Promotion of Hatred

Section 430 (4.1) - Mischief Relating to Religious Property

There are many offences the public often refer to as Hate Crimes. Police, however, refer to these as Hate-Motivated or Bias-Motivated Crimes.

Investigations involving these crimes are complex and it is important the public understands this difficult and sometimes confusing area of the law.

In order for police to lay a Hate-Motivated or Bias-Motivated criminal charge, two things must first occur:

• A criminal offence must have been committed (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.)

Police must balance Constitutional Rights with the Criminal Code of Canada, which makes investigations very complicated.

The following is a list of Criminal Code Charges that require consent before charges are laid:

• Section 318 - Advocating Genocide
• Section 319 (2) - Wilful Promotion of Hatred