B.C. courts expand hate crime provisions
The B.C. Prosecution Service has updated its hate crimes policy to include several more prohibited acts including promoting genocide and conversion therapy.
In a statement Friday, the service says changes to the policy will include defining hate propaganda offences such as advocating or promoting genocide, public incitement of hatred, wilful promotion of hatred, and wilful promotion of antisemitism as hate crimes.
It will also include conversion therapy offences and mischief to property belonging to an identifiable group motivated by bias, prejudice or hate.
During the COVID -19 pandemic, Vancouver police reported a spike in anti-Asian hate crimes, while advocacy groups called for more laws to prevent racist vandalism in Chinatown.
Online hatred has also increased recently against members of the LGBTQ+ community, with advocates worried about the normalization of hate and its effect on mental health and safety.
Last year, Statistics Canada data revealed an almost 64 per cent increase in police-reported hate crimes based on sexual orientation from 258 incidents in 2020 to 423 in 2021.
In 2022, survivors and researchers of conversion therapy warned the practice was still occurring in B.C. despite a legislative ban. As the federal government defines it, conversion therapy is a practice designed to “repress or reduce a person's non-heterosexual attraction or sexual behaviour” or gender identity and expression that “does not conform to the sex assigned at birth.”
It is clear we have more work to do to ensure that people feel comfortable reporting hate crimes.
The hate crimes policy will now offer specific advice to prosecutors on using five new Criminal Code offences including wilful promotion of antisemitism, four conversion therapy offences, and specific guidance for hate crimes targeting Indigenous victims and Indigenous communities.
Previously, the hate crimes provisions have not be been applied equally to all groups, particularly those subjected to hate because of their sex, sexual orientation, gender identity or expression, or Indigenous background, the policy states.
Crown prosecutors should consider invoking the hate crime provisions whenever the available evidence demonstrates that an identifiable group, or one of its members has been targeted, including the identifiable groups listed above that historically may not have received the same level of protection or attention, the policy adds.
In a statement, Solicitor General Mike Farnworth said hate crimes are among the least-reported offences and commended the service for the change.
“It is clear we have more work to do to ensure that people feel comfortable reporting hate crimes to the police,” he said, adding the new policy will “set clear direction for police officers to support victims and survivors.”
B.C. Attorney General Niki Sharma issued a statement applauding the changes, saying they will “go a long way” in supporting efforts to address the significant harms caused by hate crimes and deliver justice to victims and survivors.
Sharma also said that B.C. is launching a racist incident helpline this spring to assist those who may not feel comfortable reporting directly to police.