Western Law and the Canadian Race Relations Foundation led the initiative
Researchers from Western University’s Faculty of Law and the Canadian Race Relations Foundation (CRRF) have developed a pioneering tool to support the prosecution of hate crimes in Canada.
The tool, called “Hate Indicators: A Canadian Hate Crime Case Law Research Tool,” provides insights drawn from over 15 years of case law and more than 100 cases, helping legal professionals navigate the complexities of prosecuting hate-motivated offences.
Hate crimes are criminal acts driven by bias, prejudice, or hate, often targeting individuals based on race, religion, sexual orientation, gender identity, or similar factors. In Canada, subsection 718.2(a)(i) of the Criminal Code allows for enhanced sentencing when such motivations are proven.
The newly developed tool identifies 14 key hate crime indicators derived from judicial decisions. These indicators are categorized using the five “W’s”—who, what, where, when, and why—to provide a structured approach for legal professionals. For instance, the tool highlights considerations such as whether derogatory comments were made about a victim’s identity group or if the offence targeted a specific community location, like a place of worship or a gay club.
“This case law points to the significant negative impact of hate crimes on individuals and entire communities,” said Sunil Gurmukh, assistant dean for equity, diversity, inclusion, and decolonization at Western Law, who led the project. “Determining whether a crime is motivated by bias, prejudice or hate can be difficult for police and Crown prosecutors alike, so it’s important to have a legal resource to help them do that.”
The tool is designed to assist Crown prosecutors in advising police, evaluating charges, identifying evidence, and crafting sentencing arguments. It can also inform the work of defence lawyers and support training for legal and law enforcement professionals.
Law students from Western University contributed to the project. For student Mona Soliman, the experience was both professionally and personally meaningful. “It really struck me that it wasn’t one specific group being targeted in these cases. There were a wide range of people from all kinds of backgrounds experiencing hate. Reading these cases was really difficult, but it was important to me to contribute to a tool that helps increase access to justice,” Soliman said.
CRRF CEO Mohammed Hashim emphasized the timeliness of the initiative, citing a rise in hate crimes across Canada. “With hate crimes and incidents on the rise in Canada, it has never been more important to ensure there are adequate resources available to support the legal process and make research and knowledge about hate crimes more accessible to the legal community,” Hashim said.
The tool also complements the work of the National Hate Crimes Task Force, co-chaired by the CRRF and the Royal Canadian Mounted Police, which aims to address systemic challenges in prosecuting hate crimes. Gurmukh noted that the tool is a step forward, but addressing hate in Canada requires broader efforts, including increased education.
