New research tool to help efficiently and effectively find hate crime case law

With hate crimes and incidents on the rise in Canada, it has never been more important to ensure that there are adequate resources available to support the legal process.  

As co-chair of the National Hate Crimes Task Force, the Canadian Race Relations Foundation (CRRF) has heard from hate crime experts, hate crime prosecutors and impacted communities of systemic challenges and gaps in addressing hate in Canada. Based on our extensive work alongside racialized communities and our engagement with hate crime experts, we know that we have a shared interest in gathering more data and reporting on the application of s. 718.2(a)(i) of the Criminal Code, which requires a judge to consider an increased sentence if a crime was motivated by bias, prejudice or hate.   

In response, the CRRF has partnered with Western Law to develop Hate Indicators: A Canadian Hate Crime Case Law Research Tool, a new, user-friendly research tool designed to help prosecutors and others who work on hate crimes effectively and efficiently find case law as it relates to hate crimes.  

About the tool 

Developed through a partnership between the CRRF and Western Law and a team led by Western Law’s Assistant Dean (Equity, Diversity, Inclusion and Decolonization), Sunil Gurmukh, the tool consists of insights and information from 116 cases decided across Canada from 2007 to 2023 where judges have considered s. 718.2(a)(i) of the Criminal Code. 

The tool includes:   

1. A case law chart, which provides an overview of the facts and summarizes information from each case   

2. A list of fourteen factors, or hate crime indicators, that flow from the cases to identify whether a crime may be motivated by bias, prejudice or hate    

3. A factor chart to identify each case in which a factor appeared to have been considered by a judge  

4. Copies of unreported decisions that we received from Crown prosecutors at the Ministry of the Attorney General in British Columbia and Ontario   

How to use the tool 

Below, you can find three ‘how-to’ videos to provide support on using the tool.  

Introduction

How to find similar cases without using hate crime indicators – The case law chart

How to find similar cases using hate crime indicators – The 14 factors and the factor chart

Should you have any questions, please reach out to us at info@crrf-fcrr.ca.  

The Tool

To download, click on the name of the files on the right.

Disclaimer: This is an informational resource and should not be considered as legal advice.  We cannot guarantee the legal accuracy or completeness of the information. Please exercise due diligence before relying on the information contained in this resource. Please note that the factors to identify whether a crime may be motivated by bias, prejudice or hate are not determinative and are not exhaustive.  In other words, a crime may not be a hate crime even if draft factors are present in a given case.