Pearson-Shoyama Institute
HOT BUTTON

Report of the

National Planning Meeting on

Hate Crime and Bias Activity

April 16 & 17, 1997

Ottawa

Prepared by the Pearson-Shoyama Institute

for the

Honourable Hedy Fry, P.C., M.P.

Secretary of State

(Multiculturalism) (Status of Women)

For copies of the full report in English or French leave a message at the designated place (the e-mail) at this web site or call:

Department of Canadian Heritage

Phone: (819) 953-5967

Fax: (819) 953-9228

or

Pearson-Shoyama Institute

Phone: (613) 230-8284

Fax: (613) 235-3160

Introduction to Report

The problem of hate crime and bias activity in Canada is not a new one.

The targets of hate are many, most notably, racial minorities, religious minorities, lesbians and gays, but not limited to them. Hate crime directed against women, Aboriginal peoples, people with disabilities and senior citizens is also prevalent although not as well known. Such crime and activity is not limited to any specific regions of the country. Some takes place in big cities where the large numbers of immigrants and minorities and openly gay people seem to attract the purveyors of hate, while some takes place in areas of the country which are comparatively homogeneous and where there is less ready response to hate mongering.

Efforts to combat hate crime and bias activity require a combination of legal action, public awareness and community effort to address the various aspects of this problem. A partnership approach involving all levels of government, community groups, police services, boards of education and other concerned individuals appears to be required.

Two-fold objective

With this in mind, Secretary of State for Multiculturalism and Status of Women Dr. Hedy Fry convened a National Planning Meeting on Hate Crime and Bias Activity in Ottawa on April 16 and 17, 1997, with a two-fold objective of identifying the priority issues that need to be addressed along with the best processes for addressing these issues.

The Pearson-Shoyama Institute was asked to undertake the organization of the meeting, including the development of an agenda, preparation of background papers, selection of participants and preparation of the report from the meeting. This was accomplished in collaboration with officials of the Department of Canadian Heritage and the departments of Justice and the Solicitor General.

Dedicated to a policy development process that is genuinely inclusive of the people concerned with the policy issue at hand, the Institute welcomed the opportunity to assist in bringing together a cross-section of stakeholders and concerned citizens to advise the government on policy priorities and a process for action. The Institute is not an advocacy organization so is not an advocate of any particular policy options. Advocacy on the issues coming out of this meeting will continue to be the responsibility of the community organizations, school boards, police services and government departments that attended the meeting. A well informed cross-section of people was brought together to identify policy priorities and suggest relevant processes.

Outcomes

Participants identified the need for a national strategy to combat hate crime and bias activity which would bring all the stakeholders together in partnership to deal with the many facets of this problem. This is outlined in detail in this report.

Report as a resource tool

This report provides a detailed overview of the proceedings of the meeting, and together with the background papers and the appendices, provides a tool for those engaged in the fight against hate crime and bias activity.

Acknowledgements

Many people contributed to this report. Most notable were all the participants and observers who attended the Planning Meeting in April and generously contributed their views and expertise to the process. Prior to and subsequent to the meeting, the writers were Rubin Friedman, Carroll Holland, Kathy Innes and Fiona Lam. For reviewing drafts of the report, I want to thank participants Ladan Affi, Wilma Clarke, Carol MacGregor, David Pepper and Antoni Shelton; workshop facilitators Diane Gibeault, Karen Mock and Carol Paschal; PSI project officer Jackie Lawrence, copy editor Mary O’Neil and officials from the departments of Canadian Heritage, Justice and Solicitor General. Their comments helped greatly in ensuring that the report captured the issues and recommendations discussed.

L. Andrew Cardozo

Executive Summary

The National Planning Meeting on Hate Crime and Bias Activity, convened under the auspices of the Honourable Hedy Fry, Secretary of State (Multiculturalism)(Status of Women), gathered together stakeholders working to address hate crime and bias activity in Canada. Representatives of community groups most affected by hate crime and bias activity met with officials working in the areas of justice, enforcement, multiculturalism and human rights on April 16 - 17, 1997 in Ottawa. Participants were asked to identify the key issues requiring action and recommend processes by which government and other stakeholders may best address these issues.

Priority Issues and Process Recommendations

Participants worked in three groups and addressed three broad subject areas: Legislative and Policy Issues; Community Development and Social Justice Issues; and Technology and International Issues. Priorities were identified and recommendations made under each of the three subject areas.

Legislative and Policy Issues

Priorities identified in this area included the need for background information and analysis of recommendations made to date; the need for an evaluation of the effectiveness of criminal, administrative and civil law remedies; and the need to examine victims’ issues.

The following recommendations were made:

1. all existing recommendations made by stakeholders in recent years need to be compiled along with a status report on their implementation;

2. the effectiveness and limitations of existing statutes need to be evaluated and the relevant problems and gaps that exist should be identified;

3. national and consistent definitions of "hate crime" and "target groups" subject to hate crime and bias activity must be developed;

4. more training and education for police, Crown attorneys and educators is required; and

5. protection, education and counselling for victims of hate crime needs to be provided.

Community Development and Social Justice Issues

Priority issues identified by members of this working group included: failure to apply legislation to address hate crime and bias activities; the need for a national definition of "hate crime" and for national standards for the collection of related statistics; training and education for stakeholders and the development of tools; youth education and support; the development of partnerships between communities and police; and government commitment at all levels.

This working group made the following recommendations:

1. a National Anti-Hate Strategy should be developed, based on partnership of governments, community groups, police services, school and library boards, accountable to a body consisting of those communities affected by hate crime and bias activity;

2. increased resources and tools to help communities, schools and youth to combat hate crime and bias activity are needed; and

3. a "National Hate Crime Statistics Act" should be established.

Technology and International Issues

Working group members identified several priorities including the need for a stronger federal presence on the Internet and the need for an international comparative study on what is being done in this area. Consistency in the application of the Criminal Code across Canada and an increased understanding of both criminal and civil law by stakeholders were also seen as priorities. The group identified the need for increased community awareness and public education on hate on the Internet; an examination of "blocking software"; clarification of obligations of police, prosecutors, Attorneys General and private citizens in maintaining a civil society; a unified approach among all levels of government and police; and consolidation of federal expertise and resources.

The following recommendations were made:

1. the federal government should consolidate its efforts to counter hate on the Internet, primarily through the Canadian Human Rights Commission;

2. the Department of Justice should clarify the ground rules for criminal prosecutions concerning hate on the Internet;

3. communities which are targets of hate should be assisted so they can gain greater access to the Internet and become more aware of relevant laws and their use;

4. membership in hate groups should constitute grounds for exclusion from Canada; and

5. government should work through international bodies to advance international standards against hate crime and should share information on hate organizations.

Major Process Recommendations

In the final plenary session of the meeting, participants were asked to identify an overall process through which the recommendations put forward earlier in the day could be advanced. Consensus was reached on the need for a National Anti-Hate Strategy and that the success of the strategy would depend on the political will of the Government to address this issue, public statements by key Ministers; and a commitment to bring the participants of this meeting together within the next year to review the outcomes of actions taken.

Participants also identified key components of a National Anti-Hate Strategy, including:

1. development of a standard definition of "hate";

2. support to grassroots organizations working to address these issues;

3. development of communications strategies and public awareness campaigns;

4. provision of hate crime and bias activity training for both non-government and government stakeholders and an evaluation of current race relations training;

5. recognition of those making a positive contribution to combatting hate crimes;

6. coordination with provincial education ministries and regional school boards for the development of programs in this area, especially to address the recruitment of youth by hate groups;

7. establishment of a national body to monitor hate activities, audit and advise on government policies, programs and legislation, disseminate information, and sustain the alliances created at the National Planning Meeting;

8. development of a national data bank and information centre to collect, catalogue and make available all resources related to hate crime and racism;

9. development of a national directory of organizations working to address anti-hate; activities as well as listings of groups known to promote or incite hate; and

10. independent research on hate, its causes and manifestations.

(End of executive summary.

For a copy of the full report in English or French return to page 1 of this report.)