What is a hate crime?
CBC News Online | June 2004
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.
Hate crimes involve intimidation, harassment, physical force or threat of physical force against a person, a family or a property.
Sections 318 and 319 of the Criminal Code of Canada address hate crimes.
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 or ethnic origin. As of April 29, 2004, when Bill C-250, put forward by NDP MP Svend Robinson, was given royal assent, "sexual orientation" was added to that list.
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 law (subparagraph 718.2(a)(i), to be specific) encourages judges to consider in sentencing 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.