What is a Hate Crime?

A hate crime is a criminal offence committed against a person or property that is motivated in whole or in part by bias, prejudice, or hate against an identifiable group. The impact of hate-motivated crime extends beyond the individual victim, affecting the entire community that person belongs to and increasing the isolation, stress, and vulnerability of that group.

In Canada, the right to free speech is not unlimited. Section 1 of the Charter of Rights and Freedoms allows the government to pass laws that limit free expression so long as the limits are reasonable and can be justified in a free and democratic society. Hate crime laws represent one such limitation.

What Is the Difference Between a Hate Crime and a Hate Incident?

Understanding the distinction between criminal and non-criminal conduct is important.

Hate Crimes

A hate crime is a criminal offence motivated by bias, prejudice, or hate against an identifiable group. The criminal act itself, such as assault, mischief, or uttering threats, becomes a hate crime when it is motivated by hatred toward the victim’s membership in a protected group.

Hate Incidents

A hate incident is a non-criminal action or behaviour motivated by hate against an identifiable group. Examples include using racial slurs or insulting someone because of their ethnic or religious dress. While deeply harmful, these actions may not meet the threshold for criminal prosecution unless they constitute a specific offence under the Criminal Code.

Who Is Protected Under Hate Crime Laws?

An identifiable group under the Criminal Code means any section of the public distinguished by:

• Colour
• Race
• Religion
• National or ethnic origin
• Age
• Sex
• Sexual orientation
• Gender identity or expression
• Mental or physical disability
• Language

The motive of an action can render it a hate crime. If an action is determined to be motivated by hatred toward any of these characteristics, it may be prosecuted as a hate crime, subject to enhanced penalties.

What Are the Specific Hate Crime Offences in Canada?

The Criminal Code contains several specific offences related to hate propaganda, as well as provisions that enhance sentences for hate-motivated crimes.

 Advocating Genocide (Section 318)

Section 318(1) of the Criminal Code makes it an offence to advocate or promote genocide against an identifiable group.

Definition of Genocide: Under Section 318(2), genocide means killing members of an identifiable group, or deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, when committed with the intent to destroy the group in whole or in part.

Penalty: Indictable offence punishable by up to 5 years imprisonment.Consent Requirement: No proceeding for this offence can be instituted without the consent of the Attorney General.

Public Incitement of Hatred (Section 319(1))

It is an offence to communicate statements in any public place that incite hatred against an identifiable group where such incitement is likely to lead to a breach of the peace.

Penalty:

• Indictable offence: Up to 2 years imprisonment
• Summary conviction: Up to 2 years less a day imprisonment

Unlike other hate propaganda offences, the consent of the Attorney General is not required to proceed with this charge.

Wilful Promotion of Hatred (Section 319(2))

It is an offence to communicate statements, other than in private conversation, that wilfully promote hatred against an identifiable group.

Penalty:

• Indictable offence: Up to 2 years imprisonment
• Summary conviction: Up to 2 years less a day imprisonment

Consent Requirement: No proceeding can be instituted without the consent of the Attorney General.

Wilful Promotion of Antisemitism (Section 319(2.1))

Added to the Criminal Code in June 2022 through Bill C-19, this provision specifically criminalises the wilful promotion of antisemitism by condoning, denying, or downplaying the Holocaust.

Definition of Holocaust: The Criminal Code defines the Holocaust as “the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945.”

Penalty:

• Indictable offence: Up to 2 years imprisonment
• Summary conviction: Up to 2 years less a day imprisonment and/or a maximum fine of $5,000

Consent Requirement: No proceeding can be instituted without the consent of the Attorney General.

Mischief Relating to Religious Property and Other Buildings (Section 430(4.1))

This provision creates an offence for mischief in relation to buildings or structures primarily used for religious worship, or buildings primarily used by an identifiable group for educational, social, cultural, or sports activities, or as a residence for seniors.

This offence does not require the consent of the Attorney General to prosecute.

What Defences Are Available for Hate Propaganda Charges?

Section 319(3) provides several statutory defences to charges under Section 319(2) for wilful promotion of hatred:

Truth: If the accused establishes that the statements communicated were true.

Religious Opinion: If the person, in good faith, expressed or attempted to establish by argument an opinion on a religious subject or an opinion based on a belief in a religious text.

Public Interest: If the statements were relevant to any subject of public interest, the discussion was for the public benefit, and the person on reasonable grounds believed the statements to be true.

Removal of Hatred: If the person, in good faith, intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

Section 319(3.1) provides similar defences for the offence of wilful promotion of antisemitism under Section 319(2.1), with the final defence adapted to refer to feelings of antisemitism toward Jews.

How Does Hate Motivation Affect Sentencing?

Even when someone is charged with a regular criminal offence rather than a specific hate propaganda offence, hate motivation can significantly increase the sentence.

Section 718.2(a)(i) of the Criminal Code requires courts imposing sentences to consider 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, gender identity or expression, or any other similar factor as an aggravating factor.

Example: If someone carves a hate symbol, such as a swastika or KKK imagery, into the door of a vehicle, they may be charged with the criminal offence of mischief. The incident would be classified as a hate crime, and all hate-related evidence would be presented to the court at sentencing. The judge must treat the hate motivation as an aggravating factor, which may result in a harsher sentence.

What Are the Current Statistics on Hate Crimes in Canada?

Police-reported hate crimes have increased significantly in recent years. According to Statistics Canada:

• In 2024, there were 4,882 hate crimes reported, a 1% increase from 4,828 in 2023
• Police-reported hate crimes have more than doubled since 2020
• From 2022 to 2023, hate crimes increased by 32% (from 3,612 to 4,777 incidents)
• The rate of police-reported hate crime rose 29% in 2023 compared to 2022

Most Targeted Groups

In 2024, hate crimes by motivation type broke down as follows:

• Race or ethnicity: 48-49% of all hate crimes
• Religion: 29% of all hate crimes
• Sexual orientation: Third most common motivation

Among race-based hate crimes, Canada’s Black population experienced the highest level of targeting (3,859 incidents between 2020 and 2024).

Among religion-based hate crimes, the Jewish community was the most targeted (920 incidents in 2024, representing 68% of religiously motivated hate crimes). The 2024 Toronto Police Service Annual Hate Crime Report found that anti-Jewish mischief-related incidents represented 33% of all reported hate crimes in that city.

Government Response

In 2024, the Government of Canada launched Canada’s Action Plan on Combating Hate as part of Canada’s Anti-Racism Strategy 2024-2028. This plan aims to empower communities to identify and prevent hate, increase support to victims and survivors, and create a coordinated approach across government.

What Additional Consequences Can Result From a Hate Crime Conviction?

Upon conviction for an offence under Section 318 or Section 319, the court may order:

Forfeiture: Anything used in relation to the commission of the offence may be forfeited to the Crown for disposal as the Attorney General directs.

Enhanced Sentencing: The hate motivation will be treated as an aggravating factor, increasing the severity of the sentence.Criminal Record: A conviction results in a permanent criminal record with all associated consequences for employment, travel, and immigration.

What Should You Know About “Communicating” and “Public Places”?

The Criminal Code provides important definitions in Section 319(7):

Communicating: Includes communicating by telephone, broadcasting, or other audible or visible means.

Public Place: Includes any place to which the public has access as of right or by invitation, express or implied.

Statements: Includes words spoken or written or recorded electronically or electromagnetically or otherwise, and gestures, signs, or other visible representations.

These broad definitions mean that hate propaganda offences can apply to online communications, social media posts, public speeches, written materials, and visual displays.

Have You Been Charged With a Hate Crime?

Hate crime charges are serious and carry significant penalties, including imprisonment and a permanent criminal record. The complexity of these cases, including the requirement for Attorney General consent for some charges and the availability of statutory defences, makes experienced legal representation essential.

Pyzer Criminal Lawyers has over two decades of experience defending clients facing serious criminal charges throughout Toronto and the GTA. We understand the complexities of hate crime legislation and Charter considerations. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your case.