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Rochelle Wilner |
Frank Dimant |
Ruth Klein |
Prof. Stephen Scheinberg |
YOU ARE NOT ALONE
When crime occurs in a community, it is both fitting and proper that it causes concern for those who live and work within that community. That concern must be intensified, when the perpetrators motive for such crime is based on the prejudice they might have toward the victimized person or group, simply because they are perceived to be different, and not as a result of anything they have done.
HATE CRIME is a criminal offence committed against a person, group of people or property that is based upon race, religion, nationality, ethnic origin, sexual orientation, gender or disability.
HATE CRIME strikes at the very heart of the victims Identity.
When a person or group of people becomes a victim of a HATE CRIME it affects their family, relatives and an entire community.
INTIMIDATION ...
FEAR ...
TERROR ...
RIPPLES THROUGH THE COMMUNITY.
In terms of law, the Hate Propaganda section of the Criminal Code is broken down into two sections and includes the following:
1. The first section, Advocating Genocide states that an offence is committed when anyone advocates or promotes genocide.
The legal definition of genocide is with intent to destroy in whole or in part any identifiable group, namely:
a) Killing members of the group, or
b) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
In this section, Identifiable Group means any section of the public distinguished by colour, race, religion or ethnic origin.
2. The second section deals with the Public Incitement of Hatred. This offence is committed when someone communicates statements in a public place, and incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace.
The section also states that an offence is committed when anyone who communicates statements, other than in private conversation, wilfully promotes hatred against any identifiable group.
Communicating includes words spoken or written or recorded electronically, electromagnetically or otherwise, and gestures, signs or other visible representations.
It should be noted that no proceedings under these sections can be instituted without the consent of the Attorney General.
At this stage, your help and cooperation is vital in combating this form of criminal activity. We realize that you may be upset or angry and this may be your first contact with the judicial system. However, it is important to answer questions put to you regardless of how unrelated or irrelevant some may appear at the time. The police may be aware of other similar offences and your answers could help to establish a pattern of criminal activity.
If you come across any hate propaganda, posters or graffiti that promote hate or see tombstones in an ethnoculturally identifiable cemetery that have been damaged or defaced, or anyone who is being approached by another or a group promoting hate, take the following steps:
In any of these circumstances, it is vital that you call the police to ensure that the incident is properly Investigated.
If you suspect that hate motivated crime is taking place, in any form, in your community, call the police and seek assistance. You may have questions and concerns. Do not hesitate to ask them either at the time of the investigation or in any follow-up telephone calls to the police.
If at a later date you are called as a witness in a court trial, ask for a full explanation of the proceedings and your responsibilities. It is your right to know.
One of the responsibilities of your police service is to offer you help and advice with respect to any form of hate crime.
Please call.
Help us to help you.
Combating HATE CRIME effectively requires a high level of police and community interaction, as well as citizen involvement.
REMEMBER ...
It is of vital importance that
HATE CRIMES
be reported to the police.
To contact the League for Human Rights,
consult the Bnai Brith Staff Directory or
email us at league@bnaibrith.ca
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