In Canadian felony legislation, “hate crimes” are usually not a single stand-alone offence, however quite extraordinary felony offences (like assault, mischief, or threats) which might be motivated by bias, prejudice, or hatred.
Some are particular indictable offences within the Legal Code:
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Advocating genocide – s. 318:
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It’s an indictable offence to advocate or promote genocide towards an identifiable group (primarily based on race, faith, ethnicity, sexual orientation, and so on.).
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Punishable by as much as life imprisonment.
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Public incitement of hatred – s. 319(1):
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Willfully selling hatred towards an identifiable group in a public place the place it’s prone to trigger a breach of the peace.
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May be prosecuted as an indictable offence (max 2 years imprisonment) or by abstract conviction.
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Willful promotion of hatred – s. 319(2):
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Speaking statements (apart from in non-public dialog) that willfully promote hatred towards an identifiable group.
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Indictable (max 2 years) or abstract.
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Requires Lawyer Normal’s consent to prosecute.
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Different extraordinary crimes with hate motivation (like assault, uttering threats, mischief) might be charged as common, however hate motivation is an aggravating consider sentencing below s. 718.2(a)(i).
