Public Notice

Report Hate-Motivated Graffiti



Hate-Motivated Crime

The impact of crime motivated by hate is far-reaching, and extends beyond the physical and emotional trauma suffered by the victim. It not only victimizes the individual, but also the entire group the person belongs to, resulting in the increased isolation, stress and vulnerability of that particular group.

What is a hate crime?

A hate crime is a criminal offence committed against a person or property motivated in whole or in part by the offender’s (real or perceived) bias, prejudice or hate against an identifiable group. An identifiable group may be distinguished by race, national or ethnic origin, colour, religion, sex, age, language, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor.

What is a hate incident?

A hate incident is a non-criminal action or behaviour that is motivated by hate against an identifiable group. Examples of hate incidents include using racial slurs, or insulting a person because of their ethnic or religious dress or how they identify. (For example, a neighbour dispute or a dispute in a parking lot, which escalates to verbal abuse, derogatory or racial slurs.)

Hate the Hate Report the Crime

Hate the Hate Report the Crime (Arabic/عربي)

Hate the Hate Report the Crime (French/français)

Hate the Hate Report the Crime (Gujarati/ ગુજરાતી)

Hate the Hate Report the Crime (Hindi/ हिंदी)

Hate the Hate Report the Crime (Punjabi/ ਪੰਜਾਬੀ)

Please note that some documents might not render correctly in your browser. For best experience, download/save the document to your desktop first.

Criminal Code – Hate Provisions

There are different types of hate crime provisions in the Criminal Code. To begin with, there are specific offences that require the consent of the Attorney General in order to commence criminal proceedings. These offences are found specifically under the hate propaganda provisions. “Hate propaganda” is defined in section 320(8) of the Criminal Code as: “any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319”.

The hate propaganda sections of the Criminal Code list specific offences including advocating genocide (section 318), public incitement of hatred (section 319(1)), wilful promotion of hatred (section 319(2)) and wilful promotion of antisemitism (section 319 (2.1)).  The consent of the Attorney General is not required for the offence of public incitement of hatred.

Other hate crime provisions in the Criminal Code do not require the consent of the Attorney General in order for criminal proceedings to be commenced.

The mischief sections of the Criminal Code include section 430(4.1) which creates the offence of mischief in relation to certain types of property including buildings or structures primarily used for religious worship, and buildings or structures primarily used by an “identifiable group” for certain other listed purposes. “Identifiable group” is defined in section 318(4) of the Criminal Code as: “any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability”.

Finally, section 718.2(a)(i) of the Criminal Code requires a court that imposes a sentence (for any offence) to consider, “evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender orientation or expression, or on any other similar factor”, as an aggravating factor in deciding on the appropriate sentence. For example, if an individual carves a hate symbol, such as a swastika or KKK, into the door of a vehicle, the offender may be charged by police with the criminal offence of mischief. The investigators will document the incident and collect all related evidence such as witness/victim statements, photographs and video footage. The incident would be classified as a hate crime. The consent of the Attorney General would not be required to commence criminal proceedings for such a case and all hate-related evidence would be presented to the courts at the time of sentencing.

How TPS Investigates Hate-Motivated Crimes

When suspected hate-motivated offences are reported to police, the investigation could be led by a Divisional investigator with the support of the Hate Crime Unit (HCU), or in some cases, will be investigated exclusively by the HCU.

If it is alleged a criminal offence was committed (such as assault or mischief) and it is believed to have been motivated by bias, prejudice or hate, the officer-in-charge may consult with the Crown. If a person is charged and convicted of the offence, the Judge will take into consideration hate as an aggravating factor when imposing a sentence.

Wilful promotion of hatred and advocating genocide are hate propaganda (hate speech) offences which require the Attorney General’s consent to lay charges. These charges are often laid at a later time.

TPS provides all members with Procedure 05-16 Hate/Bias Crime. Procedure 05-16 provides direction to front line officers and investigators to assist them in properly identifying, recording and investigating hate crimes. Consistent with this procedure, officers are required to notify the HCU of any hate-motivated occurrences.

If you are a victim of hate crime:

  • Stay Calm

  • Keep all relevant material

  • Record all information regarding the incident

  • Contact Police Immediately:​​​​​
    In an emergency, please call 9-1-1.
    Our non-emergency line is 416-808-2222.
    Reports can also be taken at your local police Division.
    Anonymous reports can be made to Crime Stoppers at 1-800-222-8477 (TIPS)

  • Incidents of Hate-Motivated Graffiti can be reported below

Report Hate-Motivated Graffiti

Hate the Hate -- Report the Crime

Please note that some documents might not render correctly in your browser. For best experience, download/save the document to your desktop first.

Hate Crime Unit

The Hate Crime Unit is part of Intelligence Services and was established in 1993 to provide support to frontline officers and investigative units throughout the city.

The Unit monitors hate-motivated crime for the purpose of aiding and identifying crimes and criminals and to assist with sentencing at the end of the judicial process.

This is important because Section 718 of the Criminal Code of Canada allows for increased sentences to be considered where there is evidence that a hate-motivated crime has been committed.

Contact Hate Crime Unit

416-808-3500

Share