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Key terms - hate and discrimination explained

As a result of the COVID-19 pandemic, Asian Canadians have been the subject of racist assaults and bigoted taunts. This Guide sets out your rights and resources when you are the victim of or a witness to racist incidents. This Guide provides information so that you can understand and respond to three kinds of hate: Hate Crimes, Hate Incidents and Acts of Discrimination.

Are hate-motivated criminal acts that are offences under the Criminal Code, such as Assaults (Section 265), Uttering Threats (Section 264.1(1)), Criminal Harassment (Section 264(1)) and “hate speech” (Section 319 (1) & (2)). Hate crimes are crimes committed for hateful reasons. Consequently, they are punished more severely by the Courts. They involve two elements:

  1. An underlying crime (e.g. murder, assault, threats, vandalism, arson) and
  2. The crime is committed in part because of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability.

Hate Incidents are non-criminal acts that occur when the person uses bigoted, biased or prejudiced language (spoken, or written, online or in-person) or takes other actions that are based on race, national or ethnic origin, colour, religion, sex, etc.

Acts of Discrimination are violations of human rights codes. These are acts of unfair treatment in services, goods, facilities, accommodation, contracts, employment, vocational associations (e.g. transit, the workplace, public accommodations, restaurants, hotels, theatres, stores, housing, schools or universities etc.), because of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability. This form of discrimination is not criminal but a violation of federal or provincial human rights laws.

* This guide was prepared by Maryka Omatsu in collaboration with Gary Yee, Avvy Go, Gerald Chan and Juanita Westmoreland.