Sentencing hate: an examination of the operation and effect of section 718.2(a)(i) of the Criminal Code

Section 718.2(a)(i) of the Criminal Code embodies the values of a society which denounces hate crime. It deems evidence of hate-motivation to be an aggravating factor on sentence. Critics have argued that, although noble in its intent, the mechanics of section 718.2(a)(i) render it unworkable in practice. This study offers findings on the number and nature of offences to which section 718.2(a)(i) has been applied and compares these findings with the number of hate crimes reported by police. It explores the extent to which the differences between these numbers might be attributable to the manner in which section 718.2(a)(i) has been interpreted by the courts. Among the issues considered in this study are the nature of the evidence on which the courts may rely in making a finding of hate-motivation and the degree of hate-motivation necessary to trigger the application of section 718.2(a)(i).