GUIDELINES ON HATE CRIMES AND HATE PROPAGANDA MINISTRY OF THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES

I. Introduction

The purpose of these guidelines is to provide suggested procedures for investigating hate based crimes as outlined in Section 718.2 C.C. and complaints of hate propaganda under section 318 & 319 C.C. It is hoped that police services will be able to take these procedures and adapt them to meet their own organizational structure and needs.

The guidelines also contain information that can be provided to police officers to assist them in determining whether a criminal incident was motivated by hate.

In implementing these procedures, it is suggested that the initial focus be placed on providing information on hate based crimes to patrol officers, investigative personnel, and supervisory and senior officers. To assist these officers, it is recommended that an emphasis be placed on the factors to be considered in determining whether an incident is a hate based crime, and the importance of showing sensitivity to the victims of these crimes and assuring the community that these incidents will be treated seriously.

II. Importance of Adopting Procedures on Hate Crime and Hate Propaganda

An effective response to hate based crimes, and the distribution of hate propaganda, should be a priority for every community. While crime is a cause for concern, crimes that are committed against individuals or their groups because of their colour, race, religion, ethnicity or sexual orientation are particularly offensive. Such crimes strike at the heart of our communities, poisoning relations between individuals and groups.

The impact of such crimes is far-reaching, extending beyond the physical and emotional trauma to the victim, to encompass other members of the group and broader community. Such crimes can heighten the isolation and vulnerability of the victim's group and cause stress for all members of the community. If unchecked, these crimes can result in an escalation in social tensions between different groups that can destroy communities, thereby furthering the aims and objectives of those in our society who promote hatred and intolerance.

A strong police and community response to hate based crimes and hate propaganda is essential if the perpetrators of these crimes, and supporters of hate groups, are to learn that their actions will not be tolerated. Police services need to take a lead role in coordinating the response to hate motivated crimes and hate propaganda in their communities.

By responding to these crimes in an effective and coordinated manner, police services will build bridges with different groups in their communities, thereby improving police-community relations, and will reinforce the partnership between the police and the community that is essential for the public safety and security of all Ontarians.

In addition, over the last several months there has been heightened media awareness with respect to hate based crimes, as well as the activities of organized "white supremacist" groups who have been identified as recruiting youth and distributing material that many members of the community find offensive. As these incidents continue to occur, many police services may find members of the media and community turning to the police to find out how the police are responding. Police services can play an important leadership role in their community by developing a proactive response to this issue and building important linkages with their community that will enhance the delivery of community-oriented police services.

III. Suggested Procedures for the Investigation of Hate Crimes

The suggested procedures outlined below can be modified by police services to meet their own particular organizational needs and structure. The approach being suggested is similar to that used by the Metro Toronto Police, but with the recognition that some police services may wish to follow the approach being used by the Ottawa Police where hate crimes are investigated by a special bias crime unit.

Step One: Develop written procedures for the investigation of the hate crimes.

These procedures could contain the following:

1. An outline of the responsibilities of police officers attending the scene of a crime where it is suspected that the crime was motivated by hate towards the victim because of his or her colour, race, religion, ethnic origin, such as:

1. apprehending suspects at the scene (if applicable);
   
2. providing assistance to the victim or victims;
   
3. protecting the crime scene for the gathering of evidence;
   
4. contacting a supervisor to notify him or her of a suspected hate crime and where appropriate request his or her attendance at the scene;
   
5. conducting any preliminary investigations (where appropriate); and
   
6. completing the appropriate reports/forms used by the police service for documenting an occurrence and arrest (if applicable), including noting on the reports/forms that the crime is a hate motivated crime.

2. An outline of the responsibilities of supervisors who either attend the scene of a suspected hate crime, or are notified that a suspected hate crime has occurred, such as:

1. ensuring that the victim's immediate needs are being met;
   
2. assuring the victim or victims that the police service will fully investigate the matter;
   
3. ensuring that the crime scene is properly protected and arranging for the gathering and securing of evidence (including pamphlets, literature, and photographing graffiti and other symbols at the scene);
   
4. ensuring that where the police service has full-time investigative personnel, or has a hate crimes unit, such personnel or unit are contacted and asked to begin an investigation of the offence (if the crime is of the type that the police service would normally request investigative assistance from another police service, the procedures for requesting that assistance should be followed);
   
5. Where the police service does not have full-time investigative personnel (and the crime is not of the type that the police service would normally request investigative assistance from another police service) ensuring that a thorough investigation of the crime is carried out;
   
6. ensuring that where the police service has an intelligence unit/officer that the unit/officer is informed of the crime and kept informed throughout the investigation;
   
7. where the supervisor who attends the scene, or is notified of the suspected hate crime, is not a senior officer, ensuring that the appropriate senior officer is notified of all relevant facts concerning the incident.

3. A list of the appropriate senior officers to be notified when a suspected hate motivated crime occurs, and an outline of the responsibilities of these officers, such as:

1. ensuring that a thorough investigation of the crime takes place;
   
2. meeting with the victim or group affected to answer questions and reassure the community by informing them of the police service's activities to investigate the crime and prevent any repetition;
   
3. ensuring that, where the police service does not have an intelligence unit/officer, appropriate information is shared with other police services and government agencies (federal/provincial) on the occurrence of hate motivated crimes; and
   
4. where appropriate, ensuring that the police service works with other organizations (such as school boards) to prevent the repetition of the offence or to counter the activities of organized hate groups in the community (ie. recruitment efforts at high schools/colleges).

4. An outline of the responsibilities of investigative personnel or hate crimes unit assigned to investigate the occurrence of a suspected hate motivated crime, including keeping the appropriate supervisory, intelligence and senior officers informed of significant aspects of the investigation.
   
5. Requiring police officers involved in the investigation of hate based crimes to maintain appropriate records and to ensure that information on the hate aspect of the crime be incorporated into any briefs prepared for the Crown as part of the case.
   
6. If the police service has an intelligence unit/officer, an outline of the responsibilities of the intelligence unit/officer, such as:

1. ensuring that a records bank or database is kept of all information relevant to criminal offenses that are motivated by hate;
   
2. providing investigative support and specialized skills, as required, to units conducting investigations into hate based crimes;
   
3. sharing appropriate information with other police services and government agencies (federal/provincial) on the occurrence of hate based crimes; and
   
4. providing specialized knowledge and support, as required, to Crown counsel prosecuting hate based crimes.

Step Two: Include information in the procedures on identifying hate crimes.

To assist police officers in determining whether a criminal occurrence can be classified as a hate motivated crime, the following information should be provided to police officers, investigative personnel, and supervisory and senior officers. Police services may wish to attach this information to their written procedures.

• Definition of hate based crime: A criminal offence committed against a person or property which is motivated by the suspect/offender's hate/bias against an identifiable group (colour, race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar groups).
  
• Often no single factor will be sufficient to determine that a criminal occurrence is motivated by hate/bias toward the victim because of his or her (colour, race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar groups). Officers will have to assess various pieces of information.
  
• A distinction exists between an offender who is biased against a victim but was not motivated to commit the offence by that bias (in other words another motivation existed for the crime), and an offender whose motivation to commit the offence is because of hate/bias toward the identifiable group. The latter should be classified as a hate motivated crime.
  
• Determining the motivation of a suspect can be difficult. Before an incident should be classified as a hate motivated crime, police officers should consider the following:

1. if a suspect has been arrested, any statements made by the suspect that would indicate that the crime was motivated because of hate/bias toward an identifiable group;
   
2. the absence of any apparent motive for the offence, particularly if the suspect and victim are of different groups;
   
3. the use or display of any symbols, graffiti, oral comments, acts or gestures that are commonly associated with hate/bias towards the victim's group or are known to be used by organized hate groups (ie. swastika);
   
4. whether the offence coincided with a holiday, event or date of significance (religious, historical) to the victim's or suspect's group;
   
5. the perception of the victim or victim's community of the motivation behind the offence;
   
6. the perception of any witnesses to the offence;
   
7. any historical animosity that exists between the victim's group and the suspect's group;
   
8. whether the suspect has previously been involved in similar incidents, or is a member of an organized hate group or an organization which is known for its hate/bias/animosity towards members of the victim's group;
   
9. whether several occurrences have occurred in the community with victim's from the same group and by a similar manner and means for each offence;
   
10. whether the offence occurred at the same time, or shortly after, a hate group was active in the community (ie. distribution of hate literature).

Step Three: Implement the procedures.

In implementing the procedures, ensure that sufficient time is provided so that patrol officers, investigative personnel, and supervisory and senior officers have an opportunity to review the procedures, and familiarize themselves with the factors to be considered in determining whether a hate crime has occurred. It is also important to emphasize the need for sensitivity to the victim's concerns. Insensitivity to the victims of hate crimes can have a significant detrimental impact on relations between the police and the community, including raising tensions between the police and community members.

IV. Suggested Procedures for the Investigation of Hate Propaganda.

Under Sections 318 and 319 of the Criminal Code advocating or promoting genocide against any identifiable group; communicating statements in a public place that incite hatred against any identifiable group where such incitement is likely to lead to a breach of the peace; and communicating statements, other than in private conversation, that willfully promote hatred against any identifiable group, are all classified as hate propaganda offenses. The Criminal Code defines "identifiable group" as any section of the public distinguished by colour, race, religion or ethnic origin. No proceeding for an offence under these sections can be instituted without the consent of the Attorney General.

To assist police services in developing procedures for the investigation of hate propaganda the following procedures are being suggested. These procedures can be modified by police services to meet their own particular organizational needs and structure.

Step One: Develop written procedures for the investigation of hate propaganda.

These procedures could contain the following:

1. For police services without an intelligence unit/officer, or hate propaganda unit, an outline of the responsibilities of officers who receive complaints of hate propaganda such as:

1. consulting with investigators from the O.P.P.'s Project P/H, and where necessary requesting appropriate investigative support or assistance from the O.P.P.;
   
2. undertaking an investigation of the matter; and
   
3. consulting with the Crown Counsel to determine if such statements or activities constitute hate propaganda, and where appropriate, seek the Attorney-General's consent to prosecute.

2. For police services with an intelligence unit/officer, or hate propaganda unit:

1. an outline of the responsibilities of officers who receive complaints of hate propaganda such as forwarding a copy of such complaints and relevant documentation to the intelligence unit/officer or hate propaganda unit;
2. an outline of the responsibilities of the unit/officer such as:

1. undertaking investigations into complaints;
2. where appropriate, consulting with investigators from the O.P.P.'s Project P/H on hate propaganda;
3. conducting research and analysis to determine if similar subject matter has previously been reported to police and possible linkages with known hate groups operating in that community;
4. ensuring that relevant information is shared with other police services and federal/provincial government agencies;
5. consulting with Crown Counsel to determine if such statements or activities constitute hate propaganda, and where appropriate, seek the Attorney-General's consent to prosecute, and
6. maintaining appropriate community liaisons, including participating in educational events on hate propaganda.

Step Two: Implement the procedures.

In implementing the procedures, ensure that sufficient time is provided so that patrol officers, investigative personnel, and supervisory and senior officers have an opportunity to review the procedures. In addition, when receiving complaints about hate propaganda, it is important that police officers be reminded to treat such complaints seriously and with sensitivity.

© GRC-RCMP
ecdp0083.doc
May 20, 1998