Canada is a country that prides itself on multiculturalism and tolerance, where respect for minorities is enshrined in its laws. While these values remain central to Canada’s national identity, recent data reveal that hate crimes are on the rise. According to the RCMP, the number of police-reported hate crimes in Canada nearly doubled between 2020 and 2024. In Ontario alone, the number of hate crimes grew from 1,159 in 2020 to 2,575 in 2024.
In this blog, we’ll take a closer look at hate crimes through a legal lens. We’ll explain what they are, how they’re addressed under the Criminal Code of Canada, the defences available to accused persons, and the penalties for hate-related offences. Finally, we’ll discuss a new piece of legislation that was recently introduced to combat hate. By the end, you’ll have a clear understanding of how hate crime law operates in Canada.
What Is a Hate Crime?
A hate crime is a criminal offence committed against a person or property motivated in whole or in part by bias, prejudice, or hate against an identifiable group. Under section 318(4) of the Criminal Code, an identifiable group may be distinguished by:
- Race;
- National or ethnic origin;
- Colour;
- Religion;
- Sex;
- Age;
- Language;
- Mental or physical disability;
- Sexual orientation; or
- Gender identity or expression.
What sets hate crimes apart from other criminal offences is the underlying motivation of the offender.
Common Examples of Hate Crimes
Hate crimes can take many different forms. Some common examples include:
- Damage to property motivated by hate, e.g., vandalism of places of worship;
- Graffiti with hateful symbols or messages;
- Threats directed at members of an identifiable group motivated by hate;
- Assaults on members of an identifiable group motivated by hate; and
- Distribution of hate propaganda.
These examples show how hate can manifest in both actions and speech across a wide range of scenarios.
The Criminal Code Hate Crime Provisions
The term “hate crime” is not used in the Criminal Code. Instead, the law outlines four specific criminal offences that are motivated by hate:
- Section 318: Advocating for genocide. This section makes it a crime to advocate or promote genocide against an identifiable group. Genocide includes killing members of a group or inflicting conditions intended to destroy a group.
- Section 319(1): Public incitement of hatred. This section criminalizes public statements that incite hatred against an identifiable group, where such incitement is likely to breach the peace.
- Section 319(2): Wilful promotion of hatred. This section criminalizes the wilful promotion of hatred against an identifiable group through statements made outside of private conversation. The offence requires proof of intent.
- Section 319(2.1): Wilful promotion of antisemitism. This section is meant to deter hate-motivated conduct specifically against Jewish communities.
Each of these offences carries significant legal consequences, reflecting how Canadian law targets hate-motivated speech and conduct.
Penalties for Hate Crimes
These offences carry significant penalties, reflecting the serious treatment of hate-motivated crimes in Canada.
For public incitement of hatred under section 319(1) and wilful promotion of hatred under section 319(2), a person may be found guilty of either an indictable offence, which is punishable by up to two years in prison, or an offence punishable on summary conviction.
Additionally, section 718.2(a)(i) states that hateful intent can be treated as an aggravating factor in sentencing for other Criminal Code offences, potentially leading to heavier penalties.
Defences to Hate Crimes
Anyone who is charged with one of the above hate crime offences has four possible defences at their disposal. These are laid out in Section 319(3). A person will not be convicted if any of the following scenarios apply:
- The statements communicated were true.
- In good faith, the person expressed an opinion on a religious subject or based on a belief in a religious text.
- The statements were relevant to a subject of public interest, the discussion was for the public benefit, and the person believed the statements to be true.
- In good faith, the person intended to point out content that would produce feelings of hatred against an identifiable group to have such content removed.
Each of these defences reflects the overriding duty of courts to strike a balance between protecting vulnerable populations and ensuring freedom of speech for all Canadians.
New Legislation: the Combatting Hate Act
To combat the rise in hate crimes, the government recently introduced Bill C-9, also known as the Combatting Hate Act. This legislation, if passed, would amend the Criminal Code in several key ways, including the following:
- Making it a crime to intimidate or obstruct people from accessing places of worship, as well as schools, community centres, and other places primarily used by an identifiable group.
- Creating a specific offence for hate-motivated conduct to ensure that such conduct is clearly denounced and that offenders are held accountable.
- Criminalizing the wilful promotion of hatred against an identifiable group through displaying certain symbols of hate or terrorism in public.
- Codifying a definition of “hatred” in the Criminal Code to clarify what kind of conduct constitutes a hate crime.
Additionally, the bill would streamline the process for laying hate propaganda charges by removing the requirement to obtain the Attorney General’s consent.
Balancing Free Expression & Harm Prevention
While Canadian law strongly protects freedom of expression, that freedom is not unlimited. The law also prohibits speech and conduct that cause harm, incite violence, or target individuals and communities based on certain identifiable characteristics. As the law evolves, so too does the delicate balance between free expression and harm prevention. Understanding how hate crimes are defined, prosecuted, and defended is critical to navigating this evolving legal landscape. As legislative reforms like the Combatting Hate Act move forward, the law will continue to adapt in an effort to uphold constitutional freedoms while protecting individuals and communities from hate-motivated crimes.
Barrison & Manitius: Providing Dynamic Criminal Defence Services Across Durham Region
Hate crime allegations are serious and complex, with potentially severe consequences. As hate crimes continue to rise across Canada, charges are becoming increasingly common. If you are facing a hate crime charge, it is critical that you speak with an experienced criminal defence lawyer as soon as possible.
Here at Barrison & Manitius, we can help build your defence and protect your future. We offer our clients exceptional legal services and a free initial consultation. Our knowledgeable criminal defence lawyers have extensive experience defending a wide range of criminal charges. Contact our office online or at 905-404-1947 to schedule a free consultation. We have a 24-hour phone service for your convenience.