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Jø Hate Crimes Propaganda Bulletin Unclassified To: BC Assembly of First Nations First Nations Summit Union of BC Indian Chiefs

June

th 26

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 hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of •

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

•

(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 exceeding two 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 argument an opinion on a religious subject or an opinion based on a belief in a religious text;

•

(c) if the statements were relevant to any subject of public interest, the discussion

of which was for the public benefit, and if on reasonable grounds he believed them to be true; or •

•

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

Definitions (7) In this section, includes communicating by telephone, broadcasting or other audible or visible means;

“ide,ztifiable group” has the same meaning as in section 318; “means any section of the 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 by invitation, express or implied; “statenieizts” includes words spoken or written or recorded electronically or electro magnetically 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 in British Columbia, and other Provinces, have been receiving disturbing, hateful and in some cases 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, there are 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 these instances 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