Criminal Responses to Hate Motivated Violence: Is Bill C-41 Tough Enough?

Abstract

Following an apparent upsurge in hate-motivated violence, Parliament enacted Bill C-41 which received Royal Assent on July 13, 1995. This Bill requires judges to treat proof that an accused was motivated by group hatred as an aggravating factor in sentencing. The author argues that Bill C-41, although a step in the right direction, fails to condemn hate crime strongly enough. She argues for the adoption of hate-crime provisions similar to those that exist within the United States. These provisions permit penalties for acts of hate-motivated violence to be increased beyond the maximum for violence that is not motivated by hatred. Many of the provisions also create a distinct offence for violent acts committed with a hateful motive. The author argues that creating a distinct offence for hate-motivated violence and permitting enhanced penalties is a better use of the criminal law than is Bill C-41. She argues that an explicit provision condemning hate crime provides recognition that such violence is different from, and frequently more heinous than, other types of violence. Such a provision would also constitute an important denunciation of hate-motivated violence and would provide groups who face such violence better redress.