A federal bill that would make it a specific criminal offence to commit hate-motivated mischief against an educational or other institution used by an identifiable group passed second reading in Parliament with support from all parties. It has been referred to the standing committee on justice and human rights for further study.
Bloc Québécois MP Carole Freeman tabled Bill C-384, which amends Section 430 of the Criminal Code by adding a clause related to damage to a building or property, such as schools, community centres and recreational facilities used exclusively or principally by a particular religious, ethnic or racial group, or group defined by its sexual orientation.
The amendment would also allow for tougher penalties.
Currently, only religious institutions and cemeteries are specifically cited in the code for special protection. Hate motivation can be considered an aggravating factor in sentencing in such crimes.
Alberta Conservative MP Blaine Calkins, a justice committee member, said in the House of Commons that two purposes would be served by enacting the bill.
“First, the creation of a specific offence will draw attention to the actions that the offence prohibits. It will state clearly that the violent expression of hatred against a minority group is a criminal offence, with all of the consequences for those who are found guilty.
“Second, the bill will increase the penalty for the offence. We know that in most cases, mischief is prosecuted by way of summary conviction. Under the current law, a person convicted of mischief against one of the buildings listed in Bill C-384, for example, when prosecuted by summary conviction is currently only subject to a maximum penalty of six months. Bill C-384 would increase this penalty up to 18 months.”
Under the current law, if the Crown wants to request a penalty of more than six months, it must proceed by way of indictment. The bill would allow the Crown to request a penalty of up to 18 months without having to resort to the more complex procedure of indictment, he said.
The bill would also have a practical effect when the offence is prosecuted by indictment.
The current law provides for a higher maximum sentence when the value of the property against which the mischief is committed is more than $5,000. Currently, when the value of the property is $5,000 or less, the maximum penalty is only two years. It is 10 years when the value of the property is more than $5,000.
The bill would eliminate the distinction based on the value of the property.
“Hate crimes know no value of property. The higher maximum of 10 years would apply regardless of the value of the property against which the mischief is committed. As a result, the maximum penalty would be increased from two years to 10 years for mischief against property of $5,000 or less,” Calkins said.
He believes, however, that the bill would benefit from some technical improvements.
“I think it would be beneficial to clarify the language of the bill and ensure that it is consistent with the provisions currently set out in the Criminal Code.”
Toronto area Liberal MP Borys Wrzesnewskyj also spoke in support of the bill, but he suggested that the list of identifiable groups be broadened to include gender. Montreal Liberal MP Marlene Jennings wants the list also to include official-language minorities.