Hate Crimes and Incidents: An Investigator’s Guidebook

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?
• 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 benefiting 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.

Additional considerations

• Closely examine each case for evidence that clearly indicates the motivation for the crime was hate/bias related
• Be aware that hate crimes can be perpetrated by individuals that appear to be from the same culture or background as the victim. Listen carefully to fully understand the victim's perspective - individuals may be targeting each other because of something unseen like a difference of religion or region within the same culture.
• Even if the suspect was mistaken in the belief that the victim was a member of a targeted group, the offence is still a hate crime if the suspect was motivated by hate or bias against that group
• Should an incident be initially classified to be motivated by hate/bias and later found not to be, then all reports should reflect this change. Conversely, should an incident not be initially classified to be motivated by hate/bias and later found to be, then all reports are to reflect this.

Hate symbols databases

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

Investigators 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.

Victim-centred approach

Taking a victim-centred approach emphasizes the victims' rights and their safety and well-being, while ensuring an empathetic, sensitive and nonjudgmental approach to respecting their expressed needs and choices throughout an investigation. When responding to hate crimes, this approach can help support victims where the intersectionality of identities is also a factor.

The term intersectionality refers to the ways in which multiple identity characteristics (race, ethnicity, gender, religion, sexual orientation, etc.) may intersect and interact to produce unique experiences of discrimination and/or privilege. Police must ensure that they consider all aspects of a victim’s identity when investigating suspected hate crimes and incidents.

Victim rights

The Canadian Victims Bill of Rights defines a victim as “an individual who has suffered physical or emotional harm, property damage, or economic loss as a result of the commission or alleged commission of an offence”. It provides victims of crime with the right to information, right to protection, right to participation and right to seek restitution. Investigators seeking to share a breakdown of these rights with victims should refer to the Canadian Victims Bill of Rights page on the Office of the Federal Ombudsperson for Victims of Crime website.

The Canadian Victims Bill of Rights defines a victim as “an individual who has suffered physical or emotional harm, property damage, or economic loss as a result of the commission or alleged commission of an offence”.

Investigators 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; investigators 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
• Trauma-informed interview techniques should be used, as traditional interview techniques can inadvertently re-traumatize victims
• To use a trauma-informed interview technique:
  • start with a “pure” version of events – an uninterrupted, verbatim victim statement
  • bring the victim back to key parts of the event through the use of open-ended questions (do not ask leading questions, which can contaminate victim/witness statements)
  • once the victim/witness narrative is complete, ask any necessary follow-up questions (see, for example, guidelines for gleaning information about hateful motivation/bias indicators presented above), without giving clues as to what is important from an investigatory standpoint

  • encourage victims to complete Victim Impact Statements, which gives them a voice in the criminal justice process by describing the physical, emotional and economic impacts of the offence. Affected community members should also be encouraged to complete Community Impact Statements.

    Note: For a more detailed 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 incident or crime.

Investigators 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 behavior
• 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

Trauma-informed approach

Applying a trauma-informed approach means offering services and support while keeping in mind what someone who has been through trauma has experienced and how it affects them. The main focus is on making sure they feel safe, have choices, and are in control of their situation.

The impacts from hate crime victimization are broad and may be influenced by a number of factors, including (but not limited to): previous victimization experience, the nature of the crime or incident, the severity of the crime and injury, previous experiences with discrimination, the availability of family, social and/or faith-based support and the intersectional nature of an individual’s identity which can compound and intensify the experienced harm.

It is critical for police and organizations to apply an intersectional lens when responding to hate crimes and incidents, to recognize these factors, to effectively address the nuances of harm and to provide victims with the appropriate support.

Common trauma responses that can result from hate crimes and incidents include:

• emotional and psychological distress
• acute shock and disbelief
• feelings of anger that could be directed toward the suspect, police and society
• depression, anxiety and suicidal ideation
• an extreme sense of isolation
• reduced sense of safety and security
• increased sense of vulnerability and fear of repeat victimization
• feelings of shame, humiliation and hopelessness
• hyper-vigilance, avoiding people, places and situations perceived to be potentially dangerous
• concealing aspects of their social identity (for example, not wearing religious or cultural clothing or symbols)
• substance abuse and self-harm behaviours

The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (hereafter “the Charter”) outlines the civil and human rights that Canadian citizens, permanent residents and newcomers to Canada are guaranteed.

One of these rights is freedom of expression, which is laid out in section 2(b) and enshrines the fundamental freedom of “thought, belief, opinion and expression, including freedom of the press and other media of communication”.

Everyone in Canada has the right to peacefully protest or convey a point of view, even if their viewpoints are considered offensive by others. However, these freedoms are not absolute; section 1 of the Charter states: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”. This places legal limits on certain offensive things that people can say.

The Supreme Court of Canada has upheld restrictions on forms of expression deemed contrary to the spirit of the Charter.

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Examples of restrictions on freedom of expression

Hate propaganda comes in many forms. It can include hatred rooted in racism (including anti-Black, anti-Asian and anti-Indigenous racism), misogyny, homophobia, transphobia, antisemitism, Islamophobia and white supremacy. It is important to note that the offence of hate propaganda occurs when it is being directed at individuals or groups of individuals - not against ideas, philosophies, political parties, or states/nations and their associated offices, symbols or public officials.

A 2006 Canadian Human Rights Tribunal decision (Warman v. Kouba) established eleven “hallmarks of hate” that are often used by offenders in their speech towards targeted groups.

Targeted groups are:

• portrayed as a powerful menace that is taking control of the major institutions in society and depriving others of their livelihoods, safety, freedom of speech and general well-being
• portrayed as preying upon children, the aged, the vulnerable, etc.
• blamed for the current problems in society and the world
• portrayed as dangerous or violent by nature
• devoid of any redeeming qualities and their members are innately evil
• de-humanized through comparisons to and associations with animals, vermin, excrement, and other noxious substances

Messaging may often include:

• “true stories”, news reports, pictures and references from purportedly reputable sources to make negative generalizations about the targeted group
• the idea that nothing but the banishment, segregation or eradication of this group of people will save others from the harm being done by this group
• highly inflammatory and derogatory language used to create a tone of extreme hatred and contempt
• trivializing or celebrating past persecution or tragedy involving members of the targeted group
• calls to take violent action against the targeted group

All of these attributes involve an attack on the inherent self-worth and dignity of members of the targeted group.

Hate crime and the Criminal Code

There are a number of provisions available within the Criminal Code that address hate crimes:

1. Hate Propaganda Offences
   • Section 318 - Advocating Genocide
   • Section 319(1) - Public Incitement of Hatred
   • Section 319(2) - Wilful Promotion of Hatred
   • Section 319(2.1) - Wilful Promotion of Antisemitism
2. Hate Propaganda Offences – Warrant of Seizure Powers
   • Section 320(1) - Warrant of Seizure (publications)
   • Section 320.1(1) - Warrant of Seizure (computer systems)
3. Section 430(4.1) – Mischief to Property – Religious/Educational, etc.
4. Sections 320.101-104; 273.3(1) – Conversion Therapy Offences
5. Section 718.2(a)(i) – Sentencing Principles

Criminal Code provisions

Sentencing Principles – Report to Crown Counsel

Ensure that the Crown Prosecutor is notified of the fact that there is evidence that the offences were motivated by hate/prejudice/bias and that the section 718.2(a)(i) of the Criminal Code may apply.

In addition to the standard requirements of a Report to Crown Counsel (RTCC) articulating the circumstances of the offence, investigators should include an additional section in the RTCC with the header: Section 718.2 - Hate Motivated Offence Sentencing Principles. The purpose of this paragraph is to draw Crown and Judge attention, during sentencing, to the offender’s actions and behaviours that may be considered motivation for hate, prejudice or bias during sentencing.

In this paragraph outline the following:

• Articulate that the offence(s) were motivated in whole or in part by hate/prejudice/bias
  • Refer to Establishing hateful motivation: key bias indicators to help identify and articulate motive
• Summarize all evidence indicating that this offence was motivated by hate/prejudice/bias and why it should be considered as an aggravating factor at sentencing
  • This may include victim/witness/suspect statement(s), physical evidence (for example, graffiti or hate symbols, damage to property), video evidence (for example, a person was picked out of a group because they belong to an identifiable group)
• Consider factors such as language and tone, target choices, previous hate incidents or pattern of similar behaviours

The purpose … is to draw Crown and Judge attention, during sentencing, to the offender's actions and behaviours that may be considered motivation for hate, prejudice, or bias during sentencing.