What is a Hate Crime?
Chief Danny Smyth
In early June, a woman was attacked at the Olive Garden Restaurant on the east side of Winnipeg. She was working as a server in the restaurant when the attack occurred. The suspect in the attack was located and arrested by police a short distance from the restaurant. A Major Crimes Unit investigation commenced that resulted in criminal charges that included aggravated assault, possess weapon, and breach of probation charges.
Some members of the community voiced disapproval, and lobbied local politicians for support that targeted “hate crimes” charges should have been laid. Although the investigation concluded that there was no evidence to support that this crime was motivated by hate, I often receive questions about charges of “hate crimes”.
So, what is a hate crime?
In Canada, the Criminal Code is very narrow in its description of hate crimes. There are four Criminal Code offences that pertain to hate crimes:
1. Advocating Genocide – Everyone who advocates or promotes genocide.
2. Public Incitement of Hatred – Everyone who, by communicating statements in any public place, incites hatred against any identifiable group where such incitements is likely to lead to a breach of peace.
3. Willful Promotion of hatred – Everyone who, by communicating statements, other than in private conversation, willfully promotes hatred against any identifiable group.
4. Mischief - Everyone who commits mischief in relation to property used for religious worship, educational institutions, property used for social, cultural or sporting events, and seniors’ residences if the mischief is motivated by bias, prejudice or hate associated to an identifiable group.
Other than these offences, I am not aware of any authority in the Criminal Code which would allow the police to declare a particular crime "a hate crime."
However, there is another provision when considering crimes motivated by the suspect’s hate or bias against an identifiable group. This is more commonly referred to as a hate-motivated crime. To be clear, there is no formal hate-crime charge in these circumstances. What it allows is for evidence that a crime was hate-motivated to be considered by the courts as an aggravating factor in sentencing.
The question for the court is whether there is evidence that the crime committed was hate-motivated, not the victim’s interpretation. Was anything said or done by the suspect? Did the suspect have a history, or publish or display anything in writing or on-line? Did they say anything after their arrest? Even when there is no evidence that a crime was motivated by bias, prejudice or hatred as set out in s. 718.2 of the Criminal Code, the court can always consider hate as an aggravating factor in a general sense.
These are some of the same factors that investigators would consider in classifying a crime as hate motivated. Police officers participate in education and training initiatives that raise awareness about hate and hate-motivated crimes.
In addition, the Winnipeg Police will continue to support the community in efforts to raise awareness around racism and prejudice. These relationships are well established, and very important.