Hate Crimes Propaganda Bulletin

Unclassified

To:

BC Assembly of First Nations

First Nations Summit

Union of BC Indian Chiefs June 26th 2013

As a part of our continued efforts to work with First Nations Communities in BC and Canada, ‘E’

Division Aboriginal Policing and the BC Hate Crimes Team have drafted a guideline for

recognizing and reporting hate crimes, should they occur in our First Nations Communities.

Dissemination of this bulletin is intended for all First Nations communities within British

Columbia.

The BC Hate Crimes Team is a part of the E-Division Major Crime Section of the RCMP. It is

comprised of a municipal member (New Westminster Police Service) as well as an RCMP

member. The team has the mandate to identify, investigate and prosecute crimes motivated by

hate. The BC Hate Crimes Team assists police agencies throughout British Columbia with

investigations which are believed to be motivated by hate or bias.

Some of the offences investigated by the Team include hate propaganda investigations. The

sections of the Criminal Code which defines hate propaganda are outlined below:

Public incitement of hatred:

319. (1) Every one who, by communicating statements in any public place, incites hatredagainst any identifiable group where such incitement is likely to lead to a breach of thepeace is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceedingtwo years; or

g” 11IVISIONpXQUAR%

Jø

• (b) an offence punishable on summary conviction.

• Wilful promotion of hatred

(2) Everyone who, by communicating statements, other than in private conversation,willfully promotes hatred against any identifiable group is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceedingtwo years; or

• (b) an offence punishable on summary conviction.

• Defences

(3) No person shall be convicted of an offence under subsection (2)

• (a) if he establishes that the statements communicated were true;

• (b) if in good faith, the person expressed or attempted to establish by an argumentan opinion on a religious subject or an opinion based on a belief in a religioustext;

• (c) if the statements were relevant to any subject of public interest, the discussionof which was for the public benefit, and if on reasonable grounds he believedthem to be true; or

• (d) if in good faith, he intended to point out, for the purpose of removal, mattersproducing or tending to produce feelings of hatred toward an identifiable group inCanada.

• Definitions

(7) In this section,

includes communicating by telephone, broadcasting or otheraudible or visible means;

“ide,ztifiable group” has the same meaning as in section 318; “means any section ofthe public distinguished by colour, race, religion, ethnic origin or sexual orientation.”

“public place” includes any place to which the public have access as of right or byinvitation, express or implied;

“statenieizts” includes words spoken or written or recorded electronically or electromagnetically or otherwise, and gestures, signs or other visible representations.

Over the past couple of years it has become apparent that members of First Nation Bands inBritish Columbia, and other Provinces, have been receiving disturbing, hateful and in somecases threatening messages in the form of emails, letters and phone calls. Although in many

instances, these types of communications would be considered a private conversation, thereare times when this would not be the case. Even in the case where the messages would be

considered a private conversation, public safety is always paramount and the reporting of theseinstances is encouraged.

These incidents can be reported to the local RCMP detachment, Municipal Police Service or

directly to the BC Hate Crime Team. The contact information for the BC Hate Crime Team is as

follows:

BC_Hate_Crime_Team @ rcm p-grc.gc.ca

Toll Free * 1-855-462-5733

Best regards,

‘E’ Division Major Crime Section Aboriginal Policing Services