Prevalence of Hate Crime in Canada

Definition 

Hate crime is an offense committed against a person by their social grouping and characteristics. The common characteristics that expose people to being victims of this type of crime include; race, political affiliation, religion, ethnicity, gender, sexual orientation, place of origin, and even their social class belonging. Perpetrators of the hate crime belong to a different camp of the social grouping with their victims ( Gerstenfeld, 2017). Hate crime may be committed in the form of harassment, physical or verbal abuse, or even damage to property. Governments or individuals may perpetrate these crimes on their victims.

Reasons for Committing the Crime 

A hate crime perpetrator may find it thrilling to injure or offend a person who does not subscribe to their ideologies or social stands. Such persons often target the most vulnerable persons and take the advantage that they are better placed or well-resourced than them when committing the crimes ( Gerstenfeld, 2017) . This has been exhibited in terrorist activities where the trigger- happy perpetrators kill innocent defenseless persons mostly those that do not share the same religion or ideologies with them. Religious persecutions also fall under this category of hate crime.

On the other hand, some people may feel threatened by members of a different camp and may feel the need to defend themselves by victimizing them to criminal activities. Sometimes, these criminals are dedicated to eliminating any threat that comes along their way and has been seen in the assassinations and executions especially in the political arena. Some may also feel that a particular group of persons may be responsible for some actions and predicaments facing their society and therefore may want to revenge on them by committing the crime on them. Others have some strange ideological beliefs that they may gain a lot from exposing certain persons that do not belong to their camp to violence, for example, some religions promise that killing people of other religions guarantees them a good life after death.

Effects of the Crime 

As mentioned earlier, hate crimes may be committed in the form of harassment and injuries, sometimes ending in death. The overall impact of the crimes is creating a rift or hatred between two conflicting parties. The rift always ends in the non-peaceful coexistence of humanity with everyone trying to defend their sides as being the best and disregarding the other ( Gerstenfeld, 2017) . People live in anxiety and a lot of suspicions among them. A victim of the crime may receive firsthand effects like the injuries, psychological torment, or may even die. Besides the direct victims, other persons that share the same group with the victim may feel threatened.

Also, the perpetrators may have set the pace for how the two groups should live in conflict since the perpetrators may feel they should be executing crime on their target groups while the victims shall live in fear of the perpetrators. In the spirit of animosity, members of the group where the victim belongs may feel vulnerable and in fear of being the next victims. A victim may also feel inferior, and their esteem threatened, making them feel insecure about their identity. Moreover, other social groupings that share the same characteristics with the target group may also feel threatened and may have to live in fear. For example, in a community where Muslims are persecuting Christians, other non- Muslim groups may feel threatened, fearing to be the next victims of the persecutions. At an individual level, a victim may develop psychological problems like depression, distress or the encounter may make them live traumatized and in paranoid.

Prevalence of Hate Crime in Canada 

Hate crime exists in almost every society that upholds diversity as people of different beliefs and personalities try to coexist. The Canadian community is not exceptional to these occurrences. The main point of conflict is religion and originality. Canada hosts people of different religions including Christians, Muslims, and Jews. Racism is also practiced at a very high rate in Canada with people of color being the worst hit group of victims. Due to these differences in personalities and characteristics, the native Canadians usually treat the rest as lesser persons yet in a real sense they are all incomers from other regions of the world and the only issue they seem to be fighting and disagreeing about is the fact that the people of color came into the country much later. The bottom line, however, is that everyone came from some other parts of the world. In light of such beliefs and knowledge, it would even be more comfortable for everyone in the community to live and accommodate the other without any issue.

Toronto, Vancouver, Hamilton, Peterborough, and Thunder Bay also recorded a high number of hate crime cases because of their international status. These cities have registered the highest name of hate crimes as filed by the police and Statistics Canada- the body responsible for the analysis of the prevalence of criminal concepts and issues within Canada ( Cotter, & Greenland, 2018 p. 5). This body sources information directly from the police records and analyses it to give the reports. There has been a significant increase in the number of hate crime cases even as the contemporary world is working on having a community that accommodates diversity. Arabs, Asians and the aboriginal were victims of the hate crimes. Jews in Canada are also at risk for hate crimes although in most cases the execution of the hate crimes on them is nonviolent.

Between 2016 and 2017, there was a 47% increase in the reported cases ( Cotter, & Greenland, 2018 p. 7) . Previous years have as well been registering these cases, but 2017 was significantly notable. The records could, however, suggest an increased trust in the police with more people reporting facts as they occur. However, there is a likelihood that only a few cases, a third of the total cases ever get to the police and there are many more events of hate crime happening every day in Canada. The media has however been an essential tool in establishing this data as it highlights the instances of the crime as they arise. Besides, the minority groups like the Muslims have formed an alliance group that looks into the grievances and the challenges including being victims of crime. Such powerful organizations include the National Council of Canadian Muslims and the B’nai Brith Canada that ask members to report to them any cases of victimization crime against them ( Cotter, & Greenland, 2018 p. 7) .

The intensity of the crimes varies with some being extremely violent and sometimes ending in the loss of life. Such incidences include the Quebec shooting at the mosque where six lives were lost in the shooting and 19 more people being injured ( Mahrouse, 2018 p. 475). Such happenings have attracted the media into airing the issues and the problems of the minority groups. Nonviolent criminal activities are also part of hate crimes with incidences of incitement and vandalism. The media airing these incidences also has detrimental consequences as to some extent they seem to be encouraging and creating more animosity between these communities.

It is even more worrying realizing that even children are victims for the crimes even though nonviolent. Large scale crimes have also been on the rise with incidences of spray painting, and graffiti hate messages in the premises of the victims being on the rise ( Cotter, & Greenland, 2018 p. 7) . Such indicators prove the high level of the animosity among different members of the community. These large scale crimes against the target population are usually done by a small group of people or even one person, but many people feel the effect and the intensity of the offense.

Also, hate crimes that involve sexual violence are also on record for registering a rise, accounting for more than 10% of the crimes and they are mostly violent. More data by the FBI and other relevant government agencies also show that hate crime Canada is continuously on the rise.

Victims of hate crime are mostly below 35 years of age, and so were the perpetrators. This information shows that the hate crimes could be a generation issue and there is a possibility that people above the age of 35 are more mature, enough to accommodate and live with other people well and without any conflicts ( Cotter, & Greenland, 2018 p. 3) . For the religious hate crimes, teenagers and young adults between the age of 18 and 24 were most affected while those at the prime age of 24 were targeted for sexual offenses. Males made up for most of the victims ( Cotter, & Greenland, 2018 p. 4) . Sexually oriented hate crimes targeted females while the LGBTQ community was a subject of negative talks on various media and platforms where they were discredited and taken for lesser humans.

The data looked in the cases reported to the police yet many cases go unreported especially when the perpetrators are extremely rigorous in their activities and threaten their victims even more. Also, the rate of reporting was down since some of the victims would readily report while others were very reluctant ( Cotter, & Greenland, 2018 p. 3) . For example, most of the blacks afflicted by the natives could fail to report the cases for lack of trust in the government agencies. The persons receiving such complaints are whites, and there is a significant possibility that they shall assume and dismiss charges against people of their color.

Canada, like any other countries in the world, has not been safe from global extremist activities with organized terror groups like ISIS. It has experienced cases of hate crimes on innocent citizens, especially on the non-Muslims. In attempts to control the situation, Anti-terror police and other government agencies have been on the lookout for the activities of these terror groups and have successfully impeded several attacks like one planned by Aaron Driver, an ISIS militant living in Canada and was linked with a leaked martyrdom video ( GENDRON, 2017 p. 136) . Domestic terrorism has threatened ordinary citizens and requires the intervention of government security agencies.

Initiatives that Control Hate Crime 

The government has however made efforts in ending the animosity among the various members of the community. For instance, the government had rejected the entry of a ship carrying some Germans in the country by their place of origin. The government even though it was the agent for the commission of the crime has recently taken a step through the various bodies and organs to take responsibility of the crimes it committed against any person in the community as seen with the apology for the rejection of the German cruise ship into the country (Rigney, 2018 p. 452).

The Canadian community has adequately identified the causes of a hate crime as the societal segregation along the lines of politics, racism, and religion. To counter the prevalence of hate crimes, the community has taken the initiative to ensure that the rift between different sections of the society is solved. Major campaigns for the unification and integration of diversity are also underway in the various areas of Canada. One major event was the anti- Islam protests organized in Vancouver in 2016 that was countered with another protest with a capacity of 4,000 people all seeking an all-inclusive society that does not discriminate against any religion (Gravelle, 2018 p. 643). White nationalism has also been at the spotlight for being a major contributing factor to the rising cases of hate crime in Canada.

The Canadian Hate Crime Law 

The Canadian law is in full realization of the existence of hate crime and has provisions that deal with the crime in the law. Sections 318 and 319 of the Criminal Code provide direction on the issue of hate crime although there is no direct definition of the crime within the law or the criminal code (Perry, 2015 p. 1637). Section 318 is more specific about genocide where a person found culpable of genocide may be imprisonment for not more than five years. The section further describes genocide as any acts committed with the intention of destroying a part or whole of an identifiable group by killing the members or causing physical destruction to them. There is a further provision that requires the consent of the Attorney general before any proceedings regarding the case. The identifiable group is a section of the population that stands out by their race, religion, ethnicity or sexuality.

Section 319, on the other hand, emphasizes public incitement of hatred as any action that involves making statements in public places that incites hatred against an identifiable group (Perry, 2015 p. 1639). There are exceptions for the charges for anyone whose statements are deemed to be true or were a religious opinion or statement, or the statements were of interest to the public, and he or she believed them to be true or was attempting to discourage any hatred sparking among identifiable groups in Canada. The communications under this provision must have been done on a public place and could be done through any means including through telephone and podcasts. The statements being communicated may be written, spoken, or recorded on visible presentations and considers paintings and graffiti as methods of spreading hate and fear.

Article 430.4.1 further provides for a guideline on mischief to religious property. The article identifies these properties as places used for religious worship or the objects within the areas of worship or even a cemetery. The law protects these places from mischief that is motivated by bias, prejudice, or hate that is based on religion, race, color, nationality or ethnicity (Perry, 2015 p. 1639). Anyone that performs any of these crimes is liable for imprisonment of not more than ten years.

Subsection 718.2 provides for the sentencing guidelines for the offenses under hate crime. Under this subsection, a judge is at the liberty of deciding the penalty for an accused person by considering the evidence that an offense was motivated by bias, or hate by race, nationality, ethnicity, race, sex, and disability, or sexuality (Perry, 2015 p. 1637).

Section 13 of the Canadian Human Rights Act subsection (i) defines a hate message as a discriminatory practice that involves communicating in a manner likely to expose a person(s) to hatred or contempt by prohibited grounds of discrimination (Perry, 2015 p. 1638). The section applies to communication that is computer enhanced.

There have been many court cases on hate crime in Canada with most of them having the accused prohibited from making any communications that would spark hatred against some identified groups. The cases have sometimes proceeded to the Supreme Court where provisions of the law described above have been used.

Theoretical Explanation of Hate Crime Law 

Hate crime may be adequately explained using the radical criminology theory that suggests that laws are made to favor the ruling class, and do not consider the impact of the laws on those governed (Burke, 2017 p. 17). Hate crime laws are made and determined by people in power and have the authority to determine the segments of the population that requires the protection from hate or discrimination. In most cases, these policymakers shall always try to protect their groups and their people and provide for very harsh punishments for anyone who tries to promote hatred on their people. Also, the laws are mostly made to protect the interests of those that control the systems of governance, in the appreciation of the fact that if there is no peaceful coexistence in the populations, it would be difficult to serve or for the country or state to be productive enough. From a political perspective, the rulers may want to seem to protect certain persons from hatred as a way of seeking political mileage and popularity from them. The hate crime laws make the vulnerable communities feel protected and worthy in the setting of society. The lawmakers may, however, provide vague laws with loopholes that end up protecting them. For example, in Canada, the law provides for events where one is justified to commit a hate crime on the claim that they are talking the truth or are offering a personal opinion. In such cases, the political class has taken advantage to strike hatred against some members of the community and still defend themselves with some clauses in the law.

Hate crime laws could also be viewed from the social control theory where people have a choice of committing crimes but fear the consequences and the cost they could incur as punishment for the crime ( Cohen, 2017).  A person may hate on others and may want to express their hatred and even influence others into hating them but would consider not doing it because of the real punishments like fines and imprisonment.

Between the two theories, the radical criminology theory is more satisfying and comprehensive as it clearly explains how and why the hate crime law came to be. The ruling class in any society may want to seem to accommodate the lower class persons in society by seeming to protect them from abuse and hatred. The society should generally be ready to uphold the laws that protect them from hating each other and live harmoniously for the good of the community.

References 

Burke, R. H. (2017). An introduction to the criminological theory. Willan. 17

Cotter, A., & Greenland, J., (2018). Unfounded criminal incidents in Canada, 2017.  Juristat: Canadian Centre for Justice Statistics , 3-12. 

GENDRON, A. (2017). Prosecuting Terrorist Activity in Canada. Terrorists’ Use of the Internet: Assessment and Response, 136, 229. 

Gerstenfeld, P. B. (2017). Hate crimes: Causes, controls, and controversies. Sage Publications.

Gravelle, T. B. (2018). Friends, Neighbours, Townspeople, and Parties: Explaining Canadian Attitudes toward Muslims. Canadian Journal of Political Science/Revue Canadienne de science politique, 51(3), 643-664.

Mahrouse, G. (2018). Minimizing and Denying Racial Violence: Insights from the Québec Mosque Shooting. Canadian Journal of Women and the Law, 30(3), 471-493. 

Perry, B. (2015). Disrupting the mantra of multiculturalism: Hate crime in Canada. American Behavioral Scientist, 59(13), 1637-1654.

Rigney, A. (2018). Epilogue: citizenship, memory, and the curious case of Canada. Citizenship studies, 22(4), 452-457.