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Harold Davis |
Frank Dimant |
Allan Adel |
Ruth Klein |
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Harold Davis |
Frank Dimant |
Allan Adel |
Ruth Klein |
There are several protections available in Canada to victims of racism and discrimination. Under the Criminal Code of Canada, hate crimes involve one of two specific types of acts involving “hate propaganda”:
1) “Advocating genocide” (s. 318), i.e. acts committed with intent to destroy in whole or in part any identifiable group (distinguished by colour, race, religion or ethnic origin.) A Federal bill adding “sexual orientation” to the list of “identifiable group” was passed in 2003 and is awaiting approval by the Senate.
2) “Public incitement of hatred” (s. 319, subsections 1 and 2) i.e. inciting hatred in a public place against any identifiable group likely to lead to a breach of the peace or wilfully promoting hatred against any identifiable group in other than a private conversation.
The Criminal Code (s.718.2) provides that “evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor” is an aggravating factor which can lead to a greater term of imprisonment. In 2002, this enhanced sentencing provision for a hate-motivated crime was used on appeal to increase the sentence of an individual convicted of firebombing a synagogue in Alberta.
The Canadian Human Rights Act is also relevant, specifically Part I which deals with proscribed discriminatory practices. Under section 13(1) of the Act, it is a discriminatory practice (proscribed discrimination) “to communicate telephonically or by telecommunication undertaking any matter likely to expose a person(s) to hatred or contempt by reason of being identifiable on a prohibited ground of discrimination” (race, religion, origin, etc.).
Section 1 of the Ontario Human Rights Code provides for freedom from discrimination, that is, equal treatment without discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap, record of offences (in employment) and receipt of public assistance (in accommodation). Similar provisions can be found in other provincial codes. The federal Canadian Charter of Rights and Freedoms also provides for such protections.
Under the new Anti-Terrorism Act , (formerly Bill C36), introduced by the federal government in 2001, the Criminal Code was amended to provide for enhanced search and seizure provisions of materials relating to hate propaganda offences. A new offence under section 430(4.1) of the Criminal Code was also added regarding mischief against places of religious worship or religious property motivated by “bias, prejudice or hate based on religion, race, colour or national or ethnic origin”. This provision is as yet untested in the Canadian courts.
The Canadian Human Rights Act was also amended by the Anti-Terrorism Act to extend the prohibition against hate messages beyond telephone messages to include all telecommunications technologies.