The federal government should add femicide (murder inspired by misogyny) to the criminal code and consider legal measures to combat boarding school rejectionism, the federal ombudsman for crime victims has said.
These recommendations and more are featured in the Office of the Ombudsperson’s new report, “Strengthening Access to Justice for Victims of Hate Crime in Canada,” released Tuesday.
Ombudsperson Benjamin Roebuck said Tuesday that “Canada must protect its citizens from the violence that targets us. This report is a call to action.”
“Everyone in Canada deserves to be safe and have the right to justice, no matter who they love, what they look like, where they’re from, what language they speak or what faith they believe.”
The report makes 13 recommendations on how to better respond to hate crimes and support victims.
The report defines femicide as “the deliberate act of murder against women or girls because of their gender.” It says it should be treated as a separate crime or punished under the penal code. as an aggravating factor at the time of sentencing.
The report also recommends that the federal government consider a “legal mechanism” to address residential school rejectionism, but does not say what that mechanism should be.
In September, NDP MP Leah Gazan introduced a private member’s bill. C-413This would make denying, condoning or downplaying the harms of the boarding school system an indictable offense punishable by up to two years in prison.
Roebuck said his office does not comment on the bill or proposed penalties.
“Boarding schools have a serious impact on Indigenous peoples, and it is unconscionable to think that the harms will be denied,” he said.
The report also recommends including a definition of “hate crime” in the Criminal Code and adding hate crime to the Criminal Code as an independent crime that does not require the consent of the Attorney General to prosecute.
“To protect survivors and protect free speech, we need a clear definition of hate in criminal law,” Roebuck said.
Several types of hate-related crimes, such as intentionally promoting hatred or intentionally promoting anti-Semitism. Consent of the Attorney General is required Continue.
“In the absence of a separate crime, hate crimes are often prosecuted as other crimes (mischief, assault), and the motive of hatred is used as an aggravating factor during sentencing,” the report states. “Confusing hate crimes with other crimes masks the prevalence and patterns of hate crimes.”
Other recommendations in the report include:
- Ensuring the rights of victims is central to the fight against hate in Canada.
- Holding social media companies accountable when their algorithms amplify harmful content and hate speech.
- Develop national standards for hate crime prevention and investigation.
- Strengthening grievance mechanisms to remove barriers experienced by victims when dealing with the criminal justice system.
- Implementation of Truth and Reconciliation Commission call to action National Inquiry into Missing and Murdered Indigenous Women and Girls’ cry for justice.
- Continue to improve access and funding for the Canadian Community Security Program (CCSP), which provides security funding to communities at risk of hate crimes.
- Annually review the pillars of Canada’s Combating Hate Action Plan and evaluate its success.
