NCJ Number
149539
Date Published
1994
Length
118 pages
Annotation
The study explores how the Canadian criminal code should combat racially motivated violence.
Abstract
The results are based on an analysis of legal periodicals, reports from international government and private agencies, newspapers, magazines, and foreign criminal codes. The report presents 13 legislative options for dealing with hate crimes; the options range from treating a hateful motivation (against a person's race, religion, ethnic background, etc.) as an aggravating factor or even creating a separate category for hate crime in the criminal code to legislating the collection of further statistical information on hate crime in Canada or ignoring the hateful motivation altogether. For each approach, advantages and disadvantages are listed. Arguments against creating a crime of hate-motivated violence include that the conduct is already covered by existing crimes and that it violates the fundamental principle of restraint in the use of criminal law. In addition, such a law would have little deterrent effect. However, the report argues that a separate crime category may well be justifiable to respond to the seriousness of the harm caused to the victim and to affirm Canada's commitment to combating racism and developing a multicultural society. 13 pages of bibliographical references.