05-16 Hate/Bias Crime

Question 1

What is the Rationale?

Answer 1

The impact of crime motivated by hate or bias is far reaching, extending beyond the physical and emotional trauma suffered by the victim and encompassing other members of the targeted group. Such crimes often heighten the isolation and vulnerability of the victim group and can cause severe stress for all members of the community. If unchecked, these crimes can result in escalating social tensions between different groups that can destroy communities.

An appropriate police response to hate/bias crime goes beyond law enforcement and must convey a strong message of our respect for, and commitment to, a diverse society. The commitment of the Toronto Police Service (Service) to the community is based upon valuing the equality and dignity of every person.

Question 2

What is the Supervision?

Answer 2

• Supervisory Officer mandatory notification
• Supervisory Officer mandatory attendance
• Divisional Detective Sergeant mandatory notification
• Intelligence Services – Hate Crime mandatory notification

Question 3

Procedure

For the purposes of this procedure, hate/bias crimes and hate propaganda will be reported as separate offences.

Answer 3

Where the procedure indicates a ‘hate/bias crime’, offences under the ‘Hate Propaganda’ sections of the Criminal Code SHALL be substituted where appropriate. A police officer SHALL be dispatched to every report of hate/bias crime or hate propaganda.

Question 4

The Service is committed to the investigation of hate/bias crime and to assuming a leadership role in the co ordination of a strong police and community response. In addition, the Service is committed to working closely with

Answer 4

all segments of the community to provide education programs on hate/bias crime and hate propaganda.

Question 5

The investigation of hate/bias crime is the responsibility of the divisional detective office but Intelligence Services – Hate Crime (INT – Hate Crime) will

Answer 5

provide assistance and expertise to all investigations and prosecutions for these crimes. INT – Hate Crime will complete the Hate Crimes Detail Page or its equivalent and maintain the Services information

Question 6

database of hate/bias occurrences and arrest to assist divisional analysts and investigators. INT – Hate Crime will also assist in

Answer 6

developing public education programs in partnership with other members of the Service and the community.

Question 7

INT – Hate Crime will be the central focus for the

Answer 7

dissemination of information and support to divisional hate crime coordinators, other police services, government agencies and the community.

Question 8

Police Officer

1. When dispatched to the scene of a hate/bias crime SHALL

Answer 8

• attend promptly
• notify a supervisory officer of the circumstances
• provide assistance to the victim by ensuring immediate medical attention is provided if required
• offer the victim the assistance of Victim Services Toronto, and document the victim’s response
• conduct a Person Query, including a CPIC and Canadian Firearms Registry On–line (CFRO) check
• determine whether any of the individuals involved in the occurrence own, possess, or have access to a firearm, ammunition, weapons, firearms certificate, registration certificate, permit, licence or authorization
• consider using the search and seizure provisions contained in section 117 of the Criminal Code to minimize any subsequent risk to public safety
• assess whether REASONABLE GROUNDS exist for believing there is a threat to safety by obtaining the type of information outlined in procedures
• protect the scene and secure all evidence, including such items as posters, literature, graffiti, recordings and clothing
• have the scene photographed where graffiti is found, or when evidence cannot be readily detached or retrieved
• arrange with the property owner or occupier for the expeditious removal or covering of any graffiti following photographs being taken
• One of the most effective ways of curtailing the incidence of graffiti is have it removed or covered over within twenty-four (24) hours.
• The removal of graffiti from private property is the responsibility of the property holder. Maintenance of public property is the responsibility of the respective government agency.

Question 9

Police Officer

2. Where initial investigation determines that an offence has been committed SHALL

Answer 9

• complete the applicable eReports and include
• a full description of the incident, including any statements or utterances made by the suspect where possible
• the cultural/ethnic background of the victim and any past relationship with the suspect
• information to assist in making further contact with victims and witnesses including addresses, phone numbers and dates of birth
• A Firearms Interest Police (FIP) entry will be auto generated from the eReport entry and uploaded to CPIC. The FIP database in CPIC flags an individual applying for a firearms licence who has committed, or threatened to commit, an act of violence. Such a flag is not an automatic refusal to issue a licence but assists in the initial screening process or subsequent review by a Chief Firearms Officer.
• ensure the Canadian Centre for Justice Statistics (CCJS) – Crime Types – Hate Crime study flag is checked ‘yes’ or ‘suspected’ in the eReport
• provide the relevant eReport numbers to
  o INT – Hate Crime
  o divisional detective sergeant
• consider the following criteria in determining if an incident is a hate/bias crime
  o motive or absence of motive
  o the perception of the victim and the community about the crime
  o the display of offensive symbols associated with hate groups (graffiti, symbols, hate literature, etc.)
  o the date and time of the occurrence corresponding to a date of significance to victim and/or suspect (i.e. historical or religious)
  o a review of circumstances surrounding the incident including
  o the group involved in the attack
  o the manner and means of attack
  o similar incidents in the same area or against the same victim
  o statements, comments or gestures used by the suspect
• Generally, no single factor is sufficient to make a determination of what constitutes a hate/bias crime. It is often the result of cumulative information that supports such a finding. It is not enough to determine that the suspect was biased against the victim but rather that the motivation for the commission of the criminal act was hate or bias.

Question 10

Police Officer

3. When a suspect is arrested for a hate/bias crime SHALL

Answer 10

• clearly indicate ‘hate/bias crime’ at the top of the eReport
• ensure the eReport indicates the hate/bias nature of the charges
• provide the relevant eReport numbers to
  o INT – Hate Crime
  o divisional detective sergeant

Question 11

Police Officer

4. When investigating an incident that appears motivated by hate but revealing no apparent offence SHALL

Answer 11

• preserve and collect any evidence that may assist in any further investigation of the allegation in compliance with Procedures
• complete the appropriate eReports
• submit a TPS 228 to place the address on the Special Address System, if appropriate
• provide the relevant eReport numbers to
  o INT – Hate Crime
  o divisional detective sergeant

Question 12

Police Officer

5. Upon conclusion of the at-scene investigation SHALL

Answer 12

• enter the disposition of the call on the mobile workstation or notify the Communications Operator – Communications Services
• if the situation varies from the original event type (e.g., check address, dispute, etc.)
  o obtain a divisional supervisory officer’s badge number and approval to change the event type
  o request the communications operator to change the event type to reflect the true situation
• record all notifications and attendance or non-attendance of supervisor in the eReport
• scan and attach all memorandum book notes and hard copy reports to the original eReport before reporting off duty
• INT – Hate Crime will complete the Hate/Crime Detail Page or its equivalent.

Question 13

Supervisory Officer

The supervisory officer SHALL be responsible for the

Answer 13

quality and thoroughness of the uniform response.

Question 14

Supervisory Officer

6. Upon being notified of an incident suspected to be a hate/bias crime SHALL

Answer 14

• attend the scene
• assign sufficient police officers to ensure a thorough investigation is conducted
• ensure all evidence is dealt with in compliance with Procedures
• request the attendance of investigators from the divisional detective office, Detective Operations – Forensic Identification Services, INT – Hate Crime and Victim Services Toronto, as appropriate
• assure the victim and the community that the Service will fully investigate the occurrence and assist the community in taking measures to prevent any repetition of the offence
• advise the Officer in Charge of all relevant facts

Question 15

Supervisory Officer

7. When an officer determines a call is not for a hate/bias crime or hate/bias incident and requests to change the event type SHALL,

Answer 15

ensure the criteria in this procedure has been met and approve the request if appropriate under the circumstances.

Question 16

Case Manager

8. Upon initiating an investigation of a hate/bias crime SHALL

Answer 16

• ensure the relevant eReport numbers are provided to INT – Hate Crime
• ensure the divisional hate crime coordinator is advised of significant aspects of the investigation
• where applicable, consider and exercise all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives and the related licences, certificates or permits
• ensure that the victim is offered the assistance of Victim Services Toronto,
• when firearms are or may be a factor notify Organized Crime Enforcement – Integrated Gun and Gang Task Force

Question 17

Case Manager

9. When an arrest results from an investigation SHALL

Answer 17

• ensure that information on the hate/bias aspect of the crime, is noted in the eReport (prosecution summary) and the top of the report clearly indicates ‘hate/bias crime’
• in cases involving stalking, threatening or harassing behaviour, and where there is an identifiable target and serious potential for violence, consult with the divisional detective sergeant regarding consultation with Detective Operations – Sex Crimes – Behavioural Assessment Section (BAS)
• consider contacting all persons known to police who may provide the accused access to firearms or related licences, certificates or permits
• apply for a prohibition order or seek a revocation where REASONABLE GROUNDS exist to BELIEVE it is not desirable in the interests of safety for the offender to possess weapons

Question 18

Officer in Charge

10. Upon being notified of a hate/bias crime SHALL ensure

Answer 18

• detective personnel attend the scene as required
• in cases involving bodily harm or major property damage, the Unit Commander and INT – Hate Crime, are notified promptly
• the relevant eReport numbers are provided to the divisional detective sergeant
• the particulars are recorded in the Unit Commanders Morning Report (UCMR)

Question 19

Officer in Charge

11. When booking a prisoner, and before considering release, SHALL ensure

Answer 19

all reasonable inquiries have been made into the possession by an accused of weapons, firearms, authorizations, permits, Firearms Acquisition Certificate, etc., and that such items are surrendered before release to enhance victim safety.

Question 20

Detective Sergeant

12. Upon being notified of a hate/bias crime SHALL

Answer 20

• review the circumstances to determine if further action is required
• ensure the eReport number is provided to the divisional hate crime coordinator

Question 21

Detective Sergeant

13. If further investigation is not warranted or a charge is not supported SHALL

Answer 21

• add supplementary information to the original eReport detailing the reasons for the decision
• ensure the victim and INT – Hate Crime are advised of the decision

Question 22

Detective Sergeant

14. If further investigation is warranted SHALL

Answer 22

• assign the appropriate resources to the investigation including assistance from INT – Hate Crime
• ensure all evidence is dealt with in compliance with Procedures

Question 23

Detective Sergeant

15. In all cases where a charge is supported SHALL ensure

Answer 23

• the investigation is completed in compliance with the applicable Service Governance
• evidence is submitted for expert examination, if necessary
• the victim is informed of developments in the investigation
• at the conclusion of any court proceeding
• supplementary information is added to the original eReport, indicating the disposition of the case
• INT – Hate Crime is advised of the disposition

Question 24

Detective Sergeant

16. When an arrest has been made in a hate/bias crime case involving stalking, threatening or harassing behaviour; and where there is an identifiable target and serious potential for violence SHALL

Answer 24

contact the BAS for advice, referral or an assessment of risk, if appropriate.

Question 25

Divisional Hate Crime Coordinator 17. When designated by the Unit Commander SHALL

Answer 25

* notify and consult with INT – Hate Crime Unit of all hate-related occurrences * maintain a unit specific database of all hate-related occurrences to ensure proper review and classification for the purpose of consistency * track all hate crime cases to ensure proper application of the increased sentencing provisions of section 718.2 (a)(i) of the Criminal Code * provide information and assistance to divisional personnel on hate-related occurrences

Question 26

Divisional Hate Crime Coordinator 18. Upon notification of an incident suspected to be a hate/bias crime SHALL ensure

Answer 26

* appropriate referrals are made to community-based agencies to assist in resolving/defusing the incident * that the victim is offered the assistance of Victim Services Toronto, in accordance with Procedure 04–31 * a TPS 228 is completed to place the address on the Special Address System, if appropriate * supplementary information is added to the original eReport occurrence, outlining the action taken and any resolution achieved * the CCJS – Crime Types – Hate Crime study flag is checked ‘yes’ or ‘suspected’ in the eReport

Question 27

Definitions 05-16 Hate/Bias Crime means

Answer 27

a criminal offence committed against a person or property that is motivated by hate, bias, or prejudice based on the victim’s race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor. This is found in s. 718.2 (a)(i) of the Criminal Code, which contains increased sentencing provisions for the aggravating circumstances.

Question 28

Hate Incident is a

Answer 28

non-criminal action or behaviour that is motivated by hate against an identifiable group. Examples of hate incidents include using racial slurs or insulting a person because of their ethnic or religious dress or how they identify. (For example, a neighbour dispute or a dispute in a parking lot, which escalates to verbal abuse, derogatory or racial slurs.)

Question 29

Hate Propaganda means

Answer 29

any communication that advocates or promotes genocide against any identifiable group or makes statements that are likely to promote hate against any identifiable group because of colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. Hate propaganda offences are found in s. 318 and 319 of the Criminal Code. Advocate genocide and wilful promotion of hatred require the permission of the Attorney General to proceed with prosecution. Public incitement of hatred does not require the consent of the Attorney General.