In Canadian criminal law, “hate crimes” are not a single stand-alone offence, but rather ordinary criminal offences (like assault, mischief, or threats) that are motivated by bias, prejudice, or hatred.
Some are specific indictable offences in the Criminal Code:
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Advocating genocide – s. 318:
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It is an indictable offence to advocate or promote genocide against an identifiable group (based on race, religion, ethnicity, sexual orientation, etc.).
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Punishable by up to life imprisonment.
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Public incitement of hatred – s. 319(1):
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Willfully promoting hatred against an identifiable group in a public place where it’s likely to cause a breach of the peace.
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Can be prosecuted as an indictable offence (max 2 years imprisonment) or by summary conviction.
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Willful promotion of hatred – s. 319(2):
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Communicating statements (other than in private conversation) that willfully promote hatred against an identifiable group.
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Indictable (max 2 years) or summary.
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Requires Attorney General’s consent to prosecute.
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Other ordinary crimes with hate motivation (like assault, uttering threats, mischief) can be charged as usual, but hate motivation is an aggravating factor in sentencing under s. 718.2(a)(i).
Keep in mind this is just SPEECH – you do not have to hurt anyone!
