Practice Directive

POLICY Cases in which criminal activity is motivated by bigotry and intolerance for others are regarded as serious matters. Where Crown Counsel concludes, after consultation with Regional or Deputy Regional Crown Counsel, that there is a reasonable likelihood that the court will make a determination on sentencing that an offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor, Crown Counsel should lead the evidence necessary to prove the motivation beyond a reasonable doubt and, if that evidence is admitted, take the position on sentencing that the motivation must be treated as an aggravating factor under section 718.2(a)(i) of the Criminal Code. In almost all cases where offences are motivated by bias, prejudice or hate as described above, the public interest factors outlined in the policy on Charge Assessment Guidelines – CHA 1 apply in favour of prosecution. Under the policy on Alternative Measures for Adult Offenders – ALT 1, for hate motivated or hate propaganda offences, Regional or Deputy Regional Crown Counsel must approve any referral of a person for alternative measures consideration and also the specific alternative measures recommended in any Alternative Measures Report. In all cases the above approvals should be given only if the following conditions are met: 1. Identifiable individual victims should be consulted and their wishes considered. 2. The offender should have no history of related offences or violence. 3. The offender should accept responsibility for the act or omission that forms the basis of the alleged offence