Ontario is leading the country in hate crimes.
According to a Statistics Canada report released last year, there were 2,426 hate crimes in Ontario in 2023—an increase of 476 (24%) from the year before. Ontario accounted for over 40% of all hate crimes reported across Canada, out of a national total of 4,777 incidents. This figure is more than three times higher than that of Quebec, which had the second-highest number of hate crimes at 739.
Despite the growing prevalence of hate crimes throughout Ontario, many people don’t fully understand what qualifies as a hate crime or how these cases are handled. In this post, we’ll explain what counts as a hate crime, possible penalties for hate crimes, why hate crime charges are so serious, how hate crime charges are proven, what rights you have if you’ve been accused of a hate crime, and what steps you can take if you’re facing hate crime charges.
What Counts as a Hate Crime?
To begin, what exactly counts as a hate crime in Ontario?
A hate crime is a criminal act committed against a person, group, or property that is motivated by hate, prejudice, or bias. The bias can be based on one or more protected grounds: race, colour, nationality or ethnic origin, language, religion, sex, age, mental or physical disability, or sexual orientation.
Hate crimes are not listed as a separate offence in the Criminal Code of Canada. Instead, they are covered by three key sections:
- Section 318 states that anyone who advocates or promotes genocide is guilty of an indictable offence;
- Section 319(1) makes it illegal to make statements in any public place that incite hatred against any identifiable group where such incitement is likely to lead to a breach of the peace; and
- Section 319(2) prohibits the “wilful promotion of hatred,” except in private conversation.
Hate crimes can take many different forms. Common examples include:
- Physical assault against a person due to their race, religion, or sexual orientation;
- Vandalism or property damage targeting places of worship, cultural centres, or specific neighbourhoods; and
- Publicly inciting hatred against an identifiable group, including through online content.
The law imposes strict penalties for those convicted of hate crimes. These vary depending on which section of the Criminal Code is involved. Advocating genocide under section 318 is an indictable offence. If you’re convicted, you could face up to five years in prison. Penalties for public incitement of hatred (section 319(1)) and wilful promotion of hatred (section 319(2)) are less severe. These offences carry a maximum jail sentence of two years.
Why Hate Crime Charges Are Especially Serious
Hate crime charges are considered especially serious under Canadian law because they can:
- Be uniquely violent;
- Cause trauma to victims, family, and friends;
- Create fear of future crimes;
- Escalate and prompt retaliation;
- Foster community unrest; and
- Threaten Canadian values of tolerance and inclusion.
Given these factors, hiring an experienced criminal defence lawyer is critical. Navigating the legal process, understanding evidence, and protecting your rights all require specialized knowledge.
How Hate Crimes Are Prosecuted
To prove a hate crime, the Crown prosecutor must show beyond a reasonable doubt that the accused committed the offence and that the offence was motivated by bias, prejudice, or hate, not merely due to circumstance or personal conflict. Evidence often includes:
- Written or recorded statements demonstrating prejudice;
- Patterns of targeting particular individuals or groups;
- Social media activity indicating discriminatory intent; and
- Witness testimony regarding comments, threats, or behaviour consistent with bias.
Defence strategies may focus on challenging this evidence, demonstrating a lack of intent, or negotiating a plea for a lesser offence.
Charter Rights of the Accused
If you have been accused of a hate crime in Toronto, it is essential that you understand your rights under the Canadian Charter of Rights and Freedoms.
The Right to Legal Representation
Section 10(b) of the Charter states that “Everyone has the right on arrest or detention … to retain and instruct counsel without delay and to be informed of that right.” Your right to a lawyer is thus constitutionally protected.
The Right to Remain Silent
This right, which is protected under section 7 of the Charter, means that anything you say can be used against you. Therefore, you should not make any statements to the police (without a lawyer present).
The Right to a Fair Trial
This right, which is enshrined in section 11(b) of the Charter, is crucial to ensuring justice and fairness in the Ontario court system.
Protection Against Unreasonable Searches
Section 8 of the Charter guarantees that police must follow proper procedures when gathering evidence.
Knowing and asserting these rights can help prevent mistakes that could compromise your defence.
What to Do if You Are Accused of a Hate Crime
If you are accused of a hate crime in Ontario, you might feel overwhelmed or confused. However, there are certain steps you can take which can help you protect your rights as your case unfolds:
- Contact a criminal lawyer right away: Do not discuss your case with anyone until you have consulted with an experienced criminal defence lawyer.
- Document everything: Keep records of all communications, evidence, and events that may be relevant to your case. Note timelines, locations, conversations, and witnesses.
- Follow court orders and legal requirements: Avoid any actions (such as breaching existing court orders) that could be construed as aggressive or threatening.
- Discuss options with your lawyer: Your lawyer will review the evidence, explain possible defence strategies, and guide you through each stage of the legal process.
Taking these steps will position you for the best possible outcome in your case.
Hicks Adams: Leading Toronto Criminal Defence Lawyers Serving the GTA
Being accused of a hate crime is a serious matter with potentially life-altering consequences. These charges often involve complex legal issues, heightened scrutiny from prosecutors, and significant Charter considerations. The experienced criminal defence lawyers at Hicks Adams can evaluate the strength of the Crown’s case, challenge evidence of alleged bias or intent, and ensure your constitutional rights are fully protected at every stage of the process.
If you are under investigation or have already been charged with a hate crime, do not navigate the legal system alone. Early, strategic legal advice can be critical to protecting your freedom, reputation, and future. To schedule a confidential consultation, please contact us online or call 416-975-1700.
