Hate Crimes and Incidents: A Frontline Officer’s Initial Response Guidebook

Recommended initial response procedures

The safety and security of victims is of paramount importance when responding to calls for service that involve a suspected hate crime. Upon arrival, responding officers should act immediately to:

• secure the scene; identify and preserve physical evidence
• stabilize the victim(s) and request medical attention where necessary

• ensure the safety of victim(s), witness(es) and suspect(s)

  Note: Responding officers should neither confirm nor deny that the incident is a hate crime or incident in the presence of the victim(s). A comprehensive investigation is required to determine whether there is sufficient evidence to support deeming that an incident was motivated by hate.

Once the scene is secured and above recommendations have been followed, responding officers should:

• report the suspected hate crime and direct all media-related inquiries to the on-duty supervisor
• engage the services of interpreters as required to facilitate communication with involved parties and to ensure that the victim has a voice in the process
• when interacting with the victim(s), engage in a respectful manner while keeping their safety in mind and apply a trauma-informed approach
• ensure victim safety concerns are acknowledged and addressed while providing information on their rights and on the availability of local services and support (speak with victims about their support needs and preferences, identify culturally-responsive and trauma-informed local agencies that are in keeping with victim’s needs and preferences and assist victims in accessing their preferred services and support types)
• inform victim(s) about what to expect based on the probable sequence of events in the investigation and beyond; provide contact information to facilitate follow-ups
• begin preliminary investigation and record information on:
  • identity of suspect(s)
  • identity of witness(es)
  • whether there have been similar prior occurrences in the area against the same victim(s)/target community
  • the incident itself; document the incident thoroughly, noting the presence of any hate crime indicators and, wherever possible, documenting verbatim quotations made by the suspect(s)
  • available evidence; secure this evidence by taking photographs of offensive graffiti and symbols of hate. If applicable, consider seizing offence-related digital evidence.
• whenever possible, apply a trauma-informed approach to interviewing the victim
• in situations involving property offences (for example, racist symbols spray painted on a wall or structure), contact the owner/manager of the property to ensure that the physical evidence is removed once it has been documented. Officers should also follow up to ensure that this is accomplished in a timely manner.
• appeal to witnesses to come forward and canvas the community. Secure any video footage from neighbouring residents, businesses, and organizations.

In instances that may have a security nexus or involve live situations that could pose a threat to public safety at large (beyond jurisdictional boundaries), information should be shared via community alert mechanisms and/or secure intelligence pathways to ensure a coordinated response to mitigate any broader community safety concerns. If there are extended public safety concerns, consider identifying and engaging with community leaders to provide reassurance, support and to share security-specific information and advice, where necessary and appropriate.

Once the initial response is complete and the above noted recommended actions have been engaged, the investigation should be turned over to the area responsible for hate crimes (if applicable) per organizational policy.

Victim, suspect and situational considerations

• Does the victim(s) belong to an identifiable group?

• Perceptions of the victim(s) and witness(es) about the crime/incident and potential motivating factors.

  Note: Interviews should follow policy, but interview tactics should ensure that victim(s)/witness(es) not be directly asked whether they believe the offence constitutes a hate crime. It is appropriate to ask if they have any idea why the offence occurred.

• Did the suspect make comments (verbal or written, in person or online) or use symbols or gestures that reflect hate before, during or in the immediate aftermath of an incident?

  Note: Two searchable databases of hate symbols, characters and themes exist to assist in their identification:

  1. The Toronto Holocaust Museum's Online Hate Research and Education Project: Hatepedia Guide to Online Hate
  2. The U.S. Anti-Defamation League (ADL): Hate on Display Hate Symbols Database

  Officers interested in gaining a fulsome understanding of active hate groups in their area of jurisdiction should also contact the area within their service that houses this information.

• Has the suspect been previously involved in hate crimes and/or incidents?
• Were the suspect(s) and the victim(s) from different racial/ethnic, religious, national origin, sexual orientation, gender or gender identity/expression or disability groups?
• Were there similar previous incidents in the same location or neighborhood that might suggest that a pattern of offending and/or escalation exists?
• Is the victim easily identifiable as a member of their community? For example, by clothing/ symbols (for example, religious garb, flags associated with the 2SLGBTQI+ community) or conduct (for example, attending places of worship, cultural events and celebrations)?
• Did the incident coincide with a holiday or day of particular significance to the victim(s), suspect(s) or their communities (for example, a religious holiday or event; to copy-cat or pay tribute to a previous and often sensationalized hate/extremist event perpetrated in Canada or elsewhere)?
• Is there evidence that points to the involvement of organized hate groups or their members?
• Is there no other apparent motive(s) for the offence/incident (for example, economic gain)?

Property offence considerations

• What is the property’s function? Is it a place with cultural or religious significance (such as a place of worship or a cemetery) or a community facility (such as a cultural centre or a historical monument)?
• Were there any recent events at the property involving an identifiable group (for example, a Pride event held at a community centre that was subsequently vandalized)?

• Has the property been subject to previous hate-motivated offences?

  Note: Check in with your service’s crime analyst for graffiti or general mischief to property trends in the area.

• When investigating a graffiti-related mischief, be sure to determine the meaning behind any symbols used or displayed and/or the timing of the offence.

Responding officers should

• remain calm, objective and compassionate; treat victims with respect and in a professional and individualized manner.
• always ask the victim(s) how they wish to be addressed, instead of assuming a person’s identity based on their appearance.
• recognize and accommodate the victim’s need to be heard, believed and taken seriously.
• if a victim does not appear to be cooperative or is exhibiting aggressive behaviour, this may be due to their reaction to the trauma inflicted by the hate crime. If possible, give the victim the space and time they need to process their situation.
• where possible, ensure that victim(s) have support from friends, family, faith leaders and/or community leaders/elders throughout the criminal justice process.
• ask victim(s) what they need and if/how they want police to help them; officers should respect victim preferences, provide information of victim services and supports, and assist with referrals if requested/needed.
• reassure victim(s) that they are not to blame for what happened, that the police will vigorously investigate the crime and otherwise assist in holding the suspect(s) accountable, and that every effort will be made to protect their safety.
• use trauma-informed interview techniques, as traditional interview techniques can inadvertently re-traumatize victim(s). For an overview of trauma-informed victim interviewing techniques developed for sexual assault victims, though the general principles underpinning questions to ask/avoid apply in the context of hate crime as well, see the International Association of Chiefs of Police's Successful Trauma Informed Victim Interviewing guide (PDF, 770 kB).
• encourage victim(s) and witness(es) to tell the story in their own words; allow them to vent feelings about the crime or incident.

Responding officers should avoid

• abrupt or rushed interactions/communication with victim(s)
• telling victim(s) that you know how they feel
• directly asking victims whether they think their victimization was motivated by hate
• criticizing the victim’s behaviour
• making assumptions about the victim's status as a member of one or more identifiable groups, including their national or ethnic origin, religion, sexual orientation, or gender identity. Whether a hate crime has been committed depends on the suspect's motive, not the victim's status
• allowing personal value judgements about the victim's identity, behaviour, lifestyle choices, or culture to affect objectivity
• using offensive, biased or outdated terminology
• belittling the seriousness of the incident, especially if it does not meet the chargeable threshold, didn't involve serious harm and/or the suspect is a young offender