By Warren A. Lyon; a Legal Contributor to FSJ. We are looking at Muslims who are suffering criminal gender hatred in Canada. If they are living in Ontario Muslims who can have a baby without in vitro support receive no income support as compared to transgenders in that province who receive income support and the Muslims do not; or if the Muslims live in certain neighborhoods and can have a baby without in vitro, they receive less than half of the income support that the transgender receives. This is unusual in a United Nations signatory nation. In fact, this act of bias that is prohibited by the criminal law in Ontario and all of Canada affected not only Muslims who can have a baby without in vitro but Jews, the Orthodox, North African Coptics and Christians. In Canada, the Laws against hatred are found under the CCC. Hate Crime is an act by words or deeds against a person, group of people or property that is motivated by hate, prejudice or bias based on race, colour, nationality or ethnic origin, language, religion, sex, age, mental or physical disability or sexual orientation. It is covered by three sections of the Criminal Code, including: Section 318, which deals with advocating genocide against a group; Section 319 (1), the public incitement of hatred; and Section 319 (2), the wilful promotion of hatred. A hate crime can include harassment, intimidation, violence or the threat of violence and depending on the specific charge is punishable by a prison term of up to five years. Based on sex, deliberately paying one group a full income support over 10,20 or 30 years and deliberately failing to pay another group the same amount is bias and hatred. It is Violence when you need money and the other group does not. Some in the other group are deliberately paid nothing at all. It would be enough to offend Rosa Parks about being made to sit at the back or in the coloured seats.
By Warren A. Lyon; a Legal Contributor to FSJ.
We are looking at Muslims who are suffering criminal gender hatred in Canada. If they are living in Ontario Muslims who can have a baby without in vitro support receive no income support as compared to transgenders in that province who receive income support and the Muslims do not; or if the Muslims live in certain neighborhoods and can have a baby without in vitro, they receive less than half of the income support that the transgender receives. This is unusual in a United Nations signatory nation. In fact, this act of bias that is prohibited by the criminal law in Ontario and all of Canada affected not only Muslims who can have a baby without in vitro but Jews, the Orthodox, North African Coptics and Christians.
In Canada, the Laws against hatred are found under the CCC.
Hate Crime is an act by words or deeds against a person, group of people or property that is motivated by hate, prejudice or bias based on race, colour, nationality or ethnic origin, language, religion, sex, age, mental or physical disability or sexual orientation. It is covered by three sections of the Criminal Code, including: Section 318, which deals with advocating genocide against a group; Section 319 (1), the public incitement of hatred; and Section 319 (2), the wilful promotion of hatred. A hate crime can include harassment, intimidation, violence or the threat of violence and depending on the specific charge is punishable by a prison term of up to five years.
Based on sex, deliberately paying one group a full income support over 10,20 or 30 years and deliberately failing to pay another group the same amount is bias and hatred. It is Violence when you need money and the other group does not. Some in the other group are deliberately paid nothing at all. It would be enough to offend Rosa Parks about being made to sit at the back or in the coloured seats.
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Hate-Motivated and Bias-Motivated Crime
There is no such thing as a Hate Crime in the Criminal Code of Canada. There are only three offences in the Code that specifically pertain to hate, they fall under the Hate-Propaganda section and they are as follows:
- Section 318 - Advocating Genocide.
- Section 319 (1) - Public Incitement of Hatred.
- Section 319 (2) - Wilful Promotion of Hatred.
Besides these offences, there are many other offences the public often refer to as Hate Crimes, however police refer to these as Hate-Motivated or Bias-Motivated Crime.
Investigations involving these crimes are complex and it's important the public understands this difficult and sometimes confusing topic.
Hate-Motivated or Bias-Motivated Crime:
In order for police to lay a Hate-Motivated or Bias-Motivated criminal charge, there are two things that must first occur:
- A criminal offence must have occurred (e.g. an assault, damage to property, uttering threats etc.).
- Hate or Bias toward a victim must have motivated the criminal offence (e.g. because of the victim's race, nationality, ethnic original, language, colour, religion, sex, age, mental or physical disability, sexual orientation etc.).
Consultation With Crown Attorney and Consent From The Attorney General
Police must balance Constitutional Rights with the Criminal Code of Canada which makes investigations very complicated.
Before laying some Hate-Motivated or Bias-Motivated criminal charges under the Criminal Code of Canada, police are required to conduct an investigation and then turn the file over to the local Crown Attorney's Office and get consent from the Attorney General's Office.
The following is a list of Criminal Code Charges that require consent before charges are laid:
- Section 318 - Advocating Genocide.
- Section 319 (2) - Wilful Promotion of Hatred.
Crime Reporting
Call 9-1-1 if you are in immediate danger.
If you are not in immediate danger report all crime to Police Communications.
For general information about Hate-Motivated or Bias-Motivated Crime call our Hotline.
What is the difference between Hate-Motivated crime and other crime?
Penalties: If convicted of a criminal offence and it is proven to be motivated by hate or bias, higher penalties may be imposed by the judge during sentencing.
Freedom of Speech
In Canada, freedom of speech is protected as a fundamental freedom as guaranteed in the Canadian Charter of Rights and Freedoms. Those who wish to peacefully protest or convey a point of view have the right to do so, even if their viewpoints are considered offensive to some and/or are different from the others.
The below definition is extracted from the Constitution of Canada under the Canadian Charter of Rights and Freedoms:
Fundamental Freedoms: Section 2 states:
Everyone has the following Fundamental Freedoms:
(a) Freedom of conscience and religion.
(b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
(c) Freedom of Peaceful Assembly.
(d) Freedom of Association.
Investigating Hate-Motivated or Bias-Motivated Crime
We want to assure the public that we take all reported crime very seriously and utilize the appropriate resources to ensure a thorough investigation is conducted.
All of our officers are trained to deal with Hate-Motivated or Bias-Motivated criminal offences. In addition to our front-line officers and investigators, each police division has a Hate-Motivated Crime Co-ordinator who monitors and assists with investigations.
A Regional Hate-Motivated Crime Co-ordinator works in our Equity and Inclusion Bureau who tracks all Hate-Motivated and Bias-Motivated incidents and criminal offences. This officer is a resource and provides supports to investigators while analyzing trends and developing pro-active strategies aimed at reducing Hate-Motivated and Bias-Motivated Crime.
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