1	THE CALL FOR HATE CRIME LEGISLATION Why we need to amend the Canadian Criminal Code
2	GOAL Garner support from academics, government, police and non government organizations to advocate for the enhancement of the Canadian Criminal Code to include crimes motivated by hate, bias or prejudice.
3	HATE CRIME DEFINED Alberta Hate and Bias Crimes and Incidents Committee A hate crime is an offence committed against a person or property which is motivated in whole or in part by the suspects hate, bias, or prejudice towards an individual or identifiable group based on real or perceived race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor.
4	Section 266, Assault Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.
5	Section 266 (1), Assault Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.
6	266 (2), Assault Motivated by Hate ,Bias or Prejudice Everyone who commits an assault which is motivated in whole or in part by hate, bias or prejudice towards an identifiable individual or group, based on real or perceived race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding eight years; or (b) an offence punishable on summary conviction
7	Why we need amendment?
8	#1 Hate Crimes Create Terror Hate Crimes are acts designed to target entire community 83.01 (b) (ii): an act or omission, in or outside Canada that is committed in whole or in part for a political, religious or ideological purpose, objective or cause, and that intentionally:
9	"a" a/ causes death or serious bodily harm to a person by the use of violence b/ endangers a person’s life, c/ causes a serious risk to the health or safety of the public or any segment of the public, d/ causes substantial property damage, whether to public or private property
10	Community Response: Fear/anxiety Anger/retaliation Polarization with society/ feelings of exclusion Sadness Security/safety threatened
11	Individual Effect Shock/disbelief Personnel identity crisis Symptoms of post traumatic stress Distrust of society Fear of offending group
12	Section 175(1) (c) Everyone who loiters in a public place and in any way obstructs persons who are in that place is guilty of an offence
13	Section 337Public Servant Refusing to Deliver Property Public servant who refuses or fails to deliver it to a person is guilty of an indictable offence and liable to 14 years
14	Section 338, Taking cattle Everyone who fraudulently takes, hold, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle is guilty of an offence and punishable up to five years.
15	The Criminal Code needs to address and reflect the disproportionate affect this type of crime has on society.
16	#2 Hate crimes strike at the fundamental values of Canada Democracy Human Rights Multiculturalism Equality Freedom
17	Legislation under attack Charter: Section 2 Fundamental Freedoms Everyone has the following fundamental freedoms: Freedom of conscience and religion; Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; Freedom of peaceful assembly; and Freedom of association.
18	Section 7 Life, Liberty and Security of Person Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
19	Section 15 Equality Before and Under the Law and Equal Protection and Benefit of the Law Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discriminations based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
20	Section 27, Multicultural Heritage This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. The Charter recognizes the importance of preserving and enhancing the multicultural heritage of Canadians
21	Other Domestic Legislation Multicultural Policy 1971 Multicultural Act 1988 Based on the fundamental values that unite Canadians, such as respect for human rights, equality, and recognition of diversity
22	Canada’s approach to multiculturalism Combating racism and discrimination Making Canadian institutions more reflective of Canadian society Promoting shared citizenship Cross cultural understanding
23	Citizenship Act Provides that all Canadians, whether by birth or by choice, enjoy equal status, are entitled to the same rights, powers and privileges and are subject to the same obligations, duties and liabilities.
24	Canada’s International Commitments United Nations - Universal Declaration of Human Rights, Article 1 of the Universal Declaration of Human Rights states that: All human beings are born free and equal in dignity and rights.
25	International Convention on the Elimination of All Forms of Racial Discrimination. Under Article 4 of the Convention, Canada as a party; (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
26	Section 456, Defacing current coins Everyone who defaces a current coin is guilty of an offence punishable on summary conviction.
27	Section 339; Taking Possession etc. of Drift Timber Everyone is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who takes, holds possesses, conceals ,receives appropriates, purchases or sells,… removes, alters, obliterates or defaces… any lumber..found adrift, cast ashore or lying on or embedded in the bed or bottom, etc.
28	#3 To collect hate crime statistics. It is impossible to collect accurate statistics when there are no sections in the criminal code. Law enforcement use the CCC sections for file classification and data entry. UCR.2 data collection depends entirely on the reports submitted by front line policing.
29	#4/ Standardize a national definition of hate crime. The Criminal Code would now define hate crime. The national definition would be--
30	"which is motivated in whole..." which is motivated in whole or in part by the suspects hate, bias, or prejudice towards an individual or identifiable group based on real or perceived race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor (Edmonton Police Service Hate and Bias Crimes Unit, 2006).
31	"Increase public awareness" Increase public awareness Increase police knowledge and application. We now have national data collection infrastructure.
32	#5 Hate Crimes as a Social Indicator Hate crimes sections. Result: National or provincial data collection. An end to limited and piecemeal data collection Hard data on community co-existence RESULT: Appropriate police, government and community response.
33	#6 Inadequate Investigation and Prosecution of Hate Crimes Leads to a Loss in Public Trust and Confidence Public expects response from police and Justice in their legislative duties. With improved statistics, standard definitions and police awareness we now have appropriate action by police and government. With timely and appropriate response, communities perception is that police now care about their community.
34	Positive Result of amendment Increase public trust Cultivate goodwill between communities and police/government Increase public inclusiveness of Aboriginal and minority communities Sense of Security and safety increases Assists in enhancing intercommunity peace Sends message to hate mongers and extremists
35	#7 Prevention of Hate Crimes Hate mongers with criminal history of hate are now known to police, courts and corrections since the history reflects the motivating factor of hate. This can lead to interdiction/prevention/rehabilitation or sentencing strategies on behalf of police, courts or corrections.
36	Burden on the Crown Can always defer to the lesser of the two Will not affect any of the slides since the hate crime was captured at the onset of the investigation. Simply, the Crown could not prove, beyond a reasonable doubt, that the assault was motivated by hate; however the assault conviction will go ahead.
37	Sections of the Criminal Code of Canada that Require Amendments Assault 266 Assault with a Weapon or Causing Bodily Harm 267 Aggravated Assault 268 Mischief Over or Under $5000.00 430 Arson 434 Uttering Threats 264.1 Homicide 235/236 Sexual Assault 271 Sexual Assault with a Weapon, Threats to Third Party or Causing Bodily Harm 272 Aggravated Sexual Assault 273
38	Section 266, Assault Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.
39	266 (2), Assault Motivated by Hate, Bias or Prejudice Everyone who commits an assault which is motivated in whole or in part by hate, bias or prejudice towards an identifiable individual or group, based on real or perceived race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding eight years; or (b) an offence punishable on summary conviction
40	"Stephen Camp" Stephen Camp Co-Chair; Alberta Hate and Bias Crime Committee 9620-103 A Ave. Edmonton, Alberta Canada T5H0H7 Questions: stephen.camp@police.edmonton.ab.ca
41	Assaults Assault Assault with a weapon Assault causing bodily harm Aggravated assault Assaulting a peace officer Assault with intent to resist Assault to prevent execution of process Sexual assault Sexual assault with threat to third party Sexual assault with a weapon Sexual assault causing bodily harm Gang sexual assault
42	Frauds Fraudulently obtaining food and lodging Fraud Fraud affecting public market Using mails to defraud Fraudulent manipulation of stock exchange transactions Fraudulent receipts under bank act Obtaining transportation by fraud Fraudulent use of slugs
43	Don’t let Section 718.2 fool ya. Great section for sentencing Does not address any of the previous issues. Is rarely used because no one knows what a hate crime is….or nobody knows of its existence.
44	718.2 (a) (i) 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