There is no formal crime called a “hate crime” under the Criminal Code of Canada, however, any crime is eligible to be considered as motivated by hate/bias - especially in terms of sentencing.
 
WHY DO HATE CRIMES HAPPEN?!
“We hate some persons because we do not know them; and we will not know them because we hate them.” ~ Charles Caleb Colton

People who are motivated to commit a crime fueled by hate, bias, prejudice or discrimination have an irrational fear of the unknown which is usually rooted in ignorance.

WHO ARE THE VICTIMS?
Hate crime is fairly new in the criminal justice system.  However historically, hate motivated actions have existed for hundreds of centuries.  Marginalized groups have been victimized by discrimination and prejudice since the earliest days of global exploration.

In a study done in 2001-2002, involving 12 major Canadian police forces, the groups most targeted are Jewish, Black, Muslim, South Asian, LGBTQ, Multi Ethnic/Race, East & South East Asian.

WHAT RESOURCE EXIST FOR VICTIMS OF HATE CRIMES OR INCIDENTS?
Please see our Hate Crime Victim Impact section.

WHAT ARE SOME EXAMPLES OF HATE CRIMES?

• Hate-motivated Assault (physical and/or sexual) or violence

• Hate-motivated Murder

• Hate Propaganda - Advocating Genocide or Public Incitement of Hatred (Sections 318/319)

• Destruction of property - Vandalism of ethnic, religious, lesbian or gay, or minority sites (including arson, graffiti, bombing)

• Obscene or threatening phone calls

• Intimidation and harassment including verbal slurs accompanied by a threat

• The publication or display before the public of any notice, sign, symbol, emblem or other similar representation that indicates the intention of the person to infringe a right or to incite the infringement of a right under Section 13 (1) of the Ontario Human Rights Code.

• Flyers/ literature/ hate mail/telephone hate lines with messages promoting hatred against identifiable groups

HOW DO I REPORT A HATE CRIME?
In cases of emergency please call 911 for immediate attention. Incidents of graffiti, non-violent crimes etc. can be reported directly to the police using the non-emergency line: 905-546-4925.
Reporting hate crimes to the police is very helpful. It allows the police to work at catching and charging the people who committed this crime. If you want to see justice achieved for what happened, this is an important step. The sooner the police are informed the sooner something can be done.

If you are afraid to report by yourself contact St. Joseph's Immigrant Women's Centre 905-529-5209 or SISO's Hate Crimes Prevention Program 905-667-7496 or another group in your own community.  They can help you report in one of two ways. They can accompany you to the police station and assist you (including providing cultural interpretation services). Alternatively, you can provide the information to them and they can connect with the police and provide the information (either with or without your name). In the second case, the police would be very limited in terms of resolving the situation because they wouldn’t have all of the details.
Crime Stoppers in Hamilton 905-522-TIPS (8477) - is another way to provide the information to the police. It is completely anonymous so you don’t have to give your name at all.

The problem of underreporting is a huge problem in cities with people who are new to the country, or unfamiliar with the judicial system.
There are three main reasons:
1) Lack of nation-wide consensus on the definition of ‘Hate Crimes’
2) Fear of reprisal, or counterattack
3) Sense of distrust in police authority figures

HOW OFTEN DO HATE INCIDENTS OR CRIMES OCCUR IN HAMILTON?
In 2007, a total of 86 incidents were reported compared to 61 reported in 2006.  That is a 41% increase from 2006.  It is not clear if this is an increase in actual incidents or an increase in reporting due to public education programs and police outreach in targeted communities.

WHAT IS THE DIFFERENCE BETWEEN DISCRIMINATION AND BIAS/HATE INCIDENTS?
Discrimination refers to specific conduct that unfairly treats people differently because of their characteristic or perceived characteristics that the law deems to be unrelated to merit. An example of unlawful discrimination would be to deny access to services because a person is Muslim.

Bias is a preconceived negative opinion or attitude about a group of people who possess common physical characteristic or cultural experiences. An example of a bias incident, would be writing racist or homophobic graffiti on the door of a student’s room.

Unlawful discrimination often results from bias. Hate/Bias-related incidents, however, do not always result in unfair treatment that violates nondiscrimination laws.

WHAT IS THE DIFFERENCE BETWEEN A HATE CRIME AND A BIAS/HATE INCIDENT?
Hate/bias incidents involve behaviours that, though motivated by bias against a victim’s race, religion, ethnic/national origin, gender, age, disability or sexual orientation, are not criminal acts.  Hostile speech or other disrespectful/discriminatory behaviour may be motivated by bias but is not necessarily criminal in nature.  They become hate crimes only when they directly incite others to commit violence against identifiable groups, or if they place a potential victim/group in fear of their safety.