In Canadian criminal law, “hate crimes” are not a single stand-alone offence, but rather ordinary criminal offences (like assault, mischief, or threats) that are motivated by bias, prejudice, or hatred.
Some are specific indictable offences in the Criminal Code:
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Advocating genocide – s. 318:
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It is an indictable offence to advocate or promote genocide against an identifiable group (based on race, religion, ethnicity, sexual orientation, etc.).
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Punishable by up to life imprisonment.
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Public incitement of hatred – s. 319(1):
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Willfully promoting hatred against an identifiable group in a public place where it’s likely to cause a breach of the peace.
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Can be prosecuted as an indictable offence (max 2 years imprisonment) or by summary conviction.
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Willful promotion of hatred – s. 319(2):
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Communicating statements (other than in private conversation) that willfully promote hatred against an identifiable group.
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Indictable (max 2 years) or summary.
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Requires Attorney General’s consent to prosecute.
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Other ordinary crimes with hate motivation (like assault, uttering threats, mischief) can be charged as usual, but hate motivation is an aggravating factor in sentencing under s. 718.2(a)(i).
