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We are thankful to be welcome on these lands in friendship. The lands we are situated on are covered by the Williams Treaties and are the traditional territory of the Mississaugas, a branch of the greater Anishinaabeg Nation, including Algonquin, Ojibway, Odawa and Pottawatomi. These lands remain home to many Indigenous nations and peoples.

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This history is something we are all affected by because we are all treaty people in Canada. We all have a shared history to reflect on, and each of us is affected by this history in different ways. Our past defines our present, but if we move forward as friends and allies, then it does not have to define our future.

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Academic papers and reports

Academic papers and reports listed alphabetically by author's last name

  • A

    Al-Hakim, M. (2010). Making room for hate crime legislation in liberal societies. Criminal Law and Philosophy, 4(3), 341-358. doi: 10.1007/s11572-010-9095-4.

    Al-Hakim challenges the argument against hate crime legislation put forth by Heidi Hurd which states that enhanced punishment for hate crime within liberal democratic states conflicts with stated ideals of personal liberty and freedom of thought and expression, effectively punishing individuals for an aspect of their character in addition to punishing them for crimes which they have committed. The article begins with a thorough explanation of hate crime law and the way in which hate crime serves to threaten the ideals of multicultural liberalism by attempting to drive marginalized people out of the public sphere. Al-Hakim then turns to an examination of Hurd’s argument against hate crime legislation – that enhanced hate crime sentencing punishes individuals for not only actus reus and mens rea, but also for undesirable character traits. Hurd places this as contradictory to liberal political ideals which oppose state power being used to “arbitrat(e) between competing conceptions of the good”. Al-Hakim counters this argument by pointing to the error of conflating the punishment of character traits and the conception of the good, as the former concerns actions and the latter concerns beliefs and values. To conflate the two is shown to possibly lead to the conclusion that character traits are not under an individual’s control and that crimes committed for the sake of prejudice could render a defendant less criminally responsible. Al-Hakim points to fact that character traits are already punished within criminal law and that enhanced punishment for hate-motivated crime furthers the aims of multicultural liberalism by protecting vulnerable communities and individuals from social harm and by making the statement that such harm will not be tolerated. 

    Anderson, R., & Fetner, T. (2008). Cohort differences in tolerance of homosexuality: Attitudinal changes in Canada and the United States 1981-2000. Public Opinion Quarterly, 72(2), 311-330.

    Using data gained from the World Values Surveys, Andersen and Fetner track the tolerance of homosexuality in Canada and the United States over the period of 1981 to 2000, with an eye on the influence that birth cohorts exert on reported acceptance and the differences of opinion in the respective countries. The article begins with an overview of policy differences regarding homosexuality in both nations, finding Canada more progressive in terms of statutory freedoms and protections than the United States, as well as that Canadians tend to be more progressive overall, though both countries had become more liberal in preceding decades. The authors highlight social determinants found to contribute to socially conservative attitudes, including a lack of university education, being working class, living in a rural area, belonging to a fundamentalist religion, and belonging to an older generation. The authors point to attitudes towards homosexuality deviating from these trends, with acceptance becoming widespread and changing greatly over a relatively short period of time (therefore not corresponding to other birth cohort trends).

    Utilizing the “age-stability hypothesis” of Alwin and Krosnick which claims that opinions become fixed in early adulthood and change little as people age and the related theory that large-term changes in public opinion are the result of generational differences, the authors find in both countries that older people tend to be less sympathetic to homosexuality than are younger people but that all birth cohorts saw changes in attitudes, leading the authors to surmise that these attitudes were affected by social influences (with overall lower acceptance in the U.S.). Controlling for confounding variables, it is found that acceptance increased over time in both countries and, interestingly, increased in all cohorts at the same rate (with cohort differences most pronounced in Canada). Thus, the authors come to the conclusion that acceptance of homosexuality does not adhere neatly with the age-stability hypothesis and that widespread social and cultural change through increased visibility can effect change in all birth cohorts. Further, increased acceptance in Canada may be explained by the lack of a strong countermovement and more progressive social policies.

    Asakura, K. (2017). Paving pathways through the pain: A grounded theory of resilience among lesbian, gay, bisexual, trans, and queer youth. Journal of Research on Adolescence, 27(3), 521-536. doi: 10.1111/jora.12291.

    Through interviews with service providers and LGBTQ youth in Toronto, Asakura seeks to develop a substantive theory of resilience processes used by LGBTQ youth when dealing with social marginalization and abuse. A sensitizing theoretical framework is utilized to consider resiliency as an “interactional process (that) is culture- or context-specific and needs to be studied from the perspective of youths’ local contexts”, with a grounded theory methodology used to discover meaning within the data. Asakura finds that LGBTQ youth build resilience by creating personalized pathways to deal with emotional pain through five processes: 1) by navigating safety across contexts through code-switching in different spaces and circumstances; 2) by asserting personal agency through prioritizing their own needs and wants; 3) by seeking and cultivating meaningful relationships with supportive peers and adults; 4) by un-silencing and claiming their LGBTQ and other marginalized social identities; and 5) by engaging in collective action and healing. Ultimately, this study finds that resilience is not an inherent quality found within specific individuals but is instead created “within the interaction between youths’ intentional efforts and the resources that support them”.

    Ashley, F. (2018). Don't be so hateful: The insufficiency of anti-discrimination and hate crime laws in improving trans well-being. University of Toronto Law Journal, 68(1), 1.

    Ashley seeks to question the effectiveness of prevailing models of anti-discrimination and hate crime laws in protecting trans well-being in light of continually high rates of anti-trans violence, harassment and discrimination. The article begins with a comprehensive examination of the way in which trans bodies are rendered violable: through rape culture which devalues sexual autonomy; through a belief in gender essentialism which pathologizes trans bodies; and through manipulative heterosexuality which views trans women as deceitful and threatening. Ashley then locates anti-trans violence within the dominant system of sexual and gendered ordering which places trans people as less worthy due to ascriptions of hypersexuality and deviance.


    Using Canada’s Bill C-16 (which added gender identity and expression to federal anti-discrimination and hate crime laws) as an example, Ashley asserts that measures which only target isolated acts of trans hate (disciplinary models) are not sufficient to assure trans well-being as they do not address the daily antagonisms which trans individuals face and instead serve to “maintain() a façade of equality which obscures the violence and inequality inherent in society’s understanding and ordering of trans existence”. Instead, Ashley proposes that social institutions instead devote energy and resources to “radically alter the normative underpinnings of social organization” through knowledge (changing social beliefs through education), empowerment (removing administrative and legislative restraints that render trans people vulnerable), and healing (providing needed supports).
  • B

    Bailey, J. (2006). Strategic alliances: The inter-related roles of citizens, industry and government in combating Internet hate. Canadian Issues, 56-59.

    In this brief article, Jane Bailey focuses on the tools members of civil society have at their disposal to address the problem of Internet hate speech. The bulk of this paper is structured into five sections, each dedicated to a discussion of the benefits and limitations of a particular method of combating hate crime. These methods include triggering legal action through criminal investigations, human rights complaints, and/or contract and labour law; implementing filtering technologies or using zoning techniques; educating Internet users by identifying hate speech and collecting statistics; reporting to hotlines; and Internet Service Provider (ISP) self-regulation. Bailey concludes her paper by emphasizing the importance of engaging citizens, citizen coalitions, industry and government in a collaborative, co-ordinated approach to challenge Internet hate speech.

    Bell, J. G., & Perry, B. (2015). Outside looking in: The community impacts of anti-lesbian, gay, and bisexual hate crime. Journal of Homosexuality, 62(1), 98-120. doi: 10.1080/00918369.2014.957133.

    Utilizing focus group data collected from fifteen lesbian, gay, bisexual and pansexual participants, Bell and Perry find that anti-LGB hate crimes produce negative effects on the psychological and emotional wellbeing of the wider LGB community in addition to the victims themselves. Hate crime is defined by the authors as criminal acts of bias which are intended to subjugate minority groups in an effort to maintain the power and privilege of dominant groups. Anti-LGB hate crimes are further described as a function of the heterosexism which permeates social and cultural institutions, as they punish deviations in gender expression (those who are thought to “do gender” inappropriately).

    Most of the respondents report victimization, with the suppression of sexual orientation and the careful management of behaviour and identity found to be used as common defence tactics, often leading to reduced meaningful social interaction and an increase in susceptibility to mental health problems. Hate crime is also shown to act as a form of terrorism, impacting all members of the targeted group. Through insights gained from their focus group, the authors point to the way in which LGB nonvictims are affected by anti-LGB hate crimes, including internalizing the hatred and becoming fearful to participate fully in society, managing their fear by victim-blaming, modifying their public dress and concealing their gender expression, and hiding their sexual orientation in certain settings, with some conversely asserting their identity to resist anti-LGB violence

    Berube, M. (2016). Violent trends in the radical right in Canada: Chronological analysis and influencing factors. Canadian Journal of Criminology and Criminal Justice, 58(2), 221-250.

    Berube offers an exhaustive account of far-right wing violence in Canada by analyzing 241 incidents that occurred from 1977 to 2010. The author details the lack of far-right political organization throughout Canada’s history and asks whether there is a link between the economic, sociological and political factors associated with the support of extreme right-wing ideology and the frequency of hate-motivated violence in Canada. Three theses are utilized to explain variations in far-right popularity: 1) the economic thesis, in which a lack of economic opportunity leads to anti-immigrant ideology; 2) the social thesis, in which an influx of migrants to an area is thought to increase the resentment of residents, with young men being particularly prone to accept far-right ideology; and 3) the political thesis, in which dissatisfaction with a governing party, especially one which is left-leaning, can lead to an increase in far-right allegiance. 


    By analyzing economic and social data (employment rates, immigration rates, ruling party orientation, etc.) that allows the author to test the above theses, it is found that the presence of a Liberal government and political dissatisfaction are associated with a small increase in right wing violence, that religious exclusion is impacted by the proportion of youth, the presence of a minority government, and political dissatisfaction, that racial exclusion is not tied to economic or political factors (though it is influenced by higher immigration and the proportion of youth), and that homophobic exclusion is not associated with any of the influencing factors. Thus, Berube concludes that many of the factors which influence far-right violence in other countries are not applicable in the Canadian context (this may be due to economic and social differences between nations, particularly the high tolerance for immigrants on behalf of the Canadian population), though the political thesis does seem to hold some relevance.

    Bérubé, M., Scrivens, R., Venkatesh, V., & Gaudette, T. (2019). Converging patterns in pathways in and out of violent extremism: Insights from former Canadian right-wing extremists. Perspectives on Terrorism, 13(6), 73-89.

    The authors use a life-course criminology approach to map the trajectories into and out of violent extremism for 10 Canadian former right-wing extremists. Interviews conducted by the authors find that while respondents report dissimilar overall trajectories, common pull factors into violent extremism (including a commitment to the cause and a new sense of belonging) and converging exit patterns away from violent extremism (including an exhaustion with hatred, isolation after leaving, and regret) could be found. The article begins with an examination of the process of radicalization into violent right-wing extremism, noting the way in which several push (socioeconomic status, negative experiences, etc.) and pull (need for meaning and identity, etc.) factors work in tandem to draw individuals into the movement. Leaving violent extremism is next explained as involving two distinct constructs: deradicalization (the rejection of extremist ideology) and disengagement (exiting the movement in order to reintegrate into society). The authors next detail the results of their study and find converging entry patterns including similar sources of influence (common hate material and like-minded peers), being pulled towards violent extremism for a sense of purpose and collective identity, and commitment to the cause. Converging exit patterns are next described and include exhaustion with hatred, a desire for family building, the experience of isolation and the need to rebuild identity after leaving a hate group, and a sense of remorse and regret for the damage that had been caused.

    Bittle, S. (2002). Media treatment of hate as an aggravating circumstance for sentencing: the Criminal Code amendment and the Miloszewski case. Canadian Ethnic Studies 34(1), 30-50.

    In this article, Bittle provides an in-depth, critical analysis of print media coverage on R. v. Miloszewski. In 1999, Daniel Miloszewski was arrested and convicted for manslaughter after beating and killing Nirmal Singh Gill. During the sentencing of his case, emphasis was placed on subparagraph 718.2(a)(i), which directs judges to consider bias, prejudice, hate motivation as an aggravating circumstance. Due to Miloszewski’s association with a white supremacist, skinhead group known as White Power, hate motivation was taken into account on the basis of race. Bittle’s review of this case is placed in the context of media representations. Using two Canadian databases of newspaper items, Bittle employs both quantitative and qualitative analyses to highlight patterns among reports while also commenting on the specific content of those reports. Through such analyses, Bittle makes the assertion that media representations of the case contribute to a narrow understanding of the racism that exists in Canada. To support this claim, he underscores the contradictions in the media’s support for sentencing legislation, which denounces hate crimes vis-à-vis their representation of hate crime as the product of a few misguided individuals. By pathologizing the actions of Miloszewski and company in the perpetration of hate crime, Bittle argues that the media neglect the broader, social processes that contribute to a culture of racial hatred and, by extension, endorse softer versions of racism. Concluding this paper, Bitter identifies three main lessons that can be learned from print media coverage on Miloszewski. First, future research must attend the relationship between media and legislation. Second, it must be understood that the law is an inadequate resources for combating complex social problems, such as racism. Finally, it is imperative that criminal justice officials and journalists, as the gatekeepers of information, take leadership in combating systemic racism through improved knowledge and communication.

    Blaya, C. (2019;2018). Cyberhate: A review and content analysis of intervention strategies. Aggression and Violent Behavior, 45, 163-172. doi: 10.1016/j.avb.2018.05.006.

    Blaya analyzes cyberhate interventions in the areas of law, technology, and education and finds that most of the measures are focused on empowering victims to react appropriately, which in turn appears to reduce the effectiveness of the interventions. The article begins with a review of the rise of cyberhate, offering a definition, its prevalence, and its motivation. Next, Blaya reveals findings drawn from an examination of several cyberhate intervention strategies which show four main types: 1) the strengthening of legal framework to criminalize cyberhate; 2) the automated identification of cyberhate to aid in its regulation; 3) the creation of education programs to help individuals identify and respond effectively to cyberhate; and 4) the creation of counter-speech to challenge cyberhate. Blaya finds that due to a paucity of evaluations of cyberhate interventions overall, there is little evidence to suggest that they are achieving their intended results.

    Blondeel, K., de Vasconcelos, S., Garcia-Moreno, C., Stephenson, R., Temmerman, M., & Toskin, I. (2018). Violence motivated by perception of sexual orientation and gender identity: A systematic review. Bulletin of the World Health Organization, 96(1), 29. doi: 10.2471/BLT.17.197251.

    Through an evaluation of both peer-reviewed and grey literature drawn from nine databases, this study seeks to “assess the prevalence of physical and sexual violence motivated by perception of sexual orientation and gender identity in sexual and gender minorities”. The authors find that, despite poor data quality due to a lack of standardized measures, sexual and gender minorities taken together face a rate of physical violence that ranged from six per cent to 25 per cent and a rate of sexual violence that ranged from 5.6 per cent to 11.4 per cent. Trans individuals alone faced a rate of physical violence that ranged from 11.8 per cent to 68.2 per cent and a rate of sexual violence that ranged from seven per cent to 49.1 per cent. In addition to these findings, the authors include an overview of homophobic and transphobic violence and harassment (including definitions of key terms) and recommend that violence against sexual and gender minorities be included in national violence prevention strategies.

  • C

    Chetty, N., & Alathur, S. (2018). Hate speech review in the context of online social networks. Aggression and Violent Behavior, 40, 108-118. doi: 10.1016/j.avb.2018.05.003.

    Chetty and Alathur examine the way in which the related activities of hate speech and terrorism are enacted within online social media networks and discuss how they can be effectively countered. The authors point to the way in which online social networking sites allow hate speech to flourish, while also providing a forum for the recruitment of like-minded persons, for the planning of hate attacks, and for the fostering of cyberterrorism. Detailed definitions of both hate speech and cyberterrorism are provided prior to an examination of the international legal frameworks which govern them. Chetty and Alathur find that freedom of expression is a universal legal principle which is protected internationally within declarations and treaties such as the UDHR, the ECHR, etc., although speech which promotes violence or hate is generally excluded. Various forms of hate speech are then examined and include gendered hate speech, religious hate speech (commonly directed towards Muslims), racist hate speech, hate speech on disability, and hybrid hate speech (hate speech that is not related to a particular type and may target more than one characteristic). Cyberterrorism is then reviewed, with the authors recommending that social media companies, in coordination with governments and internet service providers, take on the social responsibility of preventing the dissemination of information from terrorist groups.

    Chongatera, G. (2013). Hate-crime victimization and fear of hate crime among racially visible people in Canada: The role of income as a mediating factor. Journal of Immigrant & Refugee Studies, 11(1), 44-64. doi: 10.1080/15562948.2013.759037.

    Using data drawn from the Ethnic Diversity Survey and mediated by income, this article explores the likelihood of experiencing hate crime victimization and the fear of hate crimes on behalf of racially visible people in Canada. Chongatera begins the article by pointing to the increasing diversity of Canada’s population and offers the theoretical background of hate crime study, including hate crime as an expression of bigotry (as per Levin and McDevitt) and the racial threat perspective of Blalock which states that as a visible minority population grows in an area, the majority racial group responds as though their political, economic and social ascendency is threatened. Chongatera utilizes the racial threat perspective for this study, theorizing that since social ascendance for visible minorities in either direction leads to hate crimes, income will have little effect on victimization and that victimization patterns should be stronger for hate crimes than for other forms of victimization. A literature review follows, wherein the author refutes claims that hate crimes are committed as a result of low socioeconomic status and a lack of social controls, instead pointing to research  shows that an individual’s ethno-cultural background and status as a visible minority stands as a more reliable predictor of hate crime victimization. Visible minorities are also shown to have an overall low fear of being targeted in a hate crime, except for those who had already been victims.

    The next section of the paper reports on the results of Chongatera’s study, finding that only a small percentage of respondents (1.6 per cent) had experienced a hate crime, with a larger percentage (12.9 per cent) of respondents fearing hate crime victimization. Visible minority status is found to be a significant factor in hate crime victimization (with Black individuals facing the highest risk), women, married people and older individuals were found to face lower odds of being victimized, and income is found to have little effect on hate crime victimization. Visible minorities in Toronto and Vancouver are found to experience higher levels of victimization, possible due to increased diversity and increased chances of conflict. Fear of hate crime victimization was found to follow similar lines, with visible minorities reporting more fear than non-visible minorities and women reporting more fear than men, though counter to physical victimization, fear of victimization lowers as income goes up. Chongatera ends the article by calling for more specific legislation aimed at protecting visible minorities and for attention to be paid to areas with higher levels of hate crime when tackling the problem.

    Claridge, M. (2006). A criminal law approach to combating hate. Canadian Issues, 93-99.

    Claridge addresses combating hate on the Internet by first explaining the sections of the Criminal Code that pertain to hate, describing how these sections have been applied using examples, and introducing an innovative approach to battle hate crime used in British Columbia. Claridge separates the Criminal Code hate crime provisions into two categories:

    • Hate propaganda offences.
    • Any other offence motivated by hate, bias, or prejudice.

    These provisions differ both in the types of offences they encompass and the groups identified as victims of these crimes. Claridge goes on to explain the hate propaganda offences, giving examples of some of the cases that prosecuted under these provisions. The cases assist in explaining the court’s interpretation of the sections including whether or not proof of actual hatred need be present in order to secure a conviction under these sections. He differentiates the hate propaganda offences from other hate offences by pointing out that these sections do not specify nearly as many identifiable groups. Claridge touches on the importance of striking a balance between the free expression and reasonable limits as prescribed by the Charter. Claridge also points out that many hate crimes are not encompassed under the provisions of the Criminal Code, which makes it important to have other means to combat these crimes. British Columbia’s Hate Crime Team is one such approach which has proved to be successful. The Team is a multi-agency unity which included the Criminal Justice Branch, Police Services Branch, Multiculturalism B.C., municipal police and the RCMP provincial representatives. They have established several programs in the province and have trained more than 4,000 law enforcement personnel on hate and bias crime. The team has proven to be an important tool in the fight against hate crime in British Columbia.

    Cohen, J. (2000). More censorship or less discrimination? Sexual orientation hate propaganda in multiple perspectives. McGill Law Journal (46), 69.

    In this article, Cohen argues that expanding Canada’s criminal and administrative sanctions against hate promotion to include sexual minorities as a protected group is a necessary first step in fighting against sexual orientation hate propaganda. The author examines the prohibition of sexual orientation hate propaganda from a variety of perspectives: those of the victim, Canadian legislation, international law, other jurisdictions, and the strategic advocate. A legal analysis of Canada’s approach to sexual orientation hate propaganda flows from these multiple perspectives. The author notes that sexual minorities often find themselves fighting against censorship, and thus occupy an ambiguous position in the anti-censorship anti-discrimination debate. However, recent advances in judicial interpretations of the Canadian Charter of Rights and Freedoms, particularly the decision that sexual orientation be read into the prohibited grounds for discrimination under section 15, have impelled sexual minorities to strongly promote an anti-discrimination agenda. Cohen argues that considerable authority for extending Canada’s Criminal Code hate propaganda provisions to include sexual minorities is provided from the recent Supreme Court of Canada decision in Vriend v. Alberta and M. v. H., which read sexual orientation into a provincial human rights statute and extended social support to same-sex couples, and the growing mass of comparative and international law that has extended anti-discrimination to sexual minorities.The article concludes with a discussion of the importance of a holistic approach to advocating this issue, one that includes legal, political and cultural advocacy.

    Cripps, J., & Stermac, L. (2018). Cyber-sexual violence and negative emotional states among women in a Canadian university. International Journal of Cyber Criminology, 12(1), 171-186. doi: 10.5281/zenodo.1467891.

    Using data drawn from a sample of female university students in Ontario, Cripps and Stermac seek to discover the emotional fallout of experiencing cyber-sexual violence. Cyber-sexual violence is defined as “harmful sexually aggressive behaviours committed with the facilitation of digital technologies” and includes non-consensual pornography, online sexual harassment, and cyber-stalking, among others. Female university students are at particular risk for cyber-sexual violence, as they tend to be overrepresented as victims of sexual violence and are often early adopters of new technologies. The authors find that 58 per cent of respondents had experienced online gender-based hate speech, 53 per cent had experienced online sexual harassment, and 52 per cent had experienced cyber-stalking, with a majority (57 per cent) not reporting the violence they had experienced. Respondents further report symptoms of depression, anxiety, stress, and, in particular, PTSD as a result. The authors note that the emotional effects of cyber-sexual violence mirror those of in-person sexual victimization and urge service providers and legislators to recognize and to adapt to “the changing technological nature of crimes against women”.

  • D

    D'Augelli, A. R., Pilkington, N. W., & Hershberger, S. L. (2002). Incidence and mental health impact of sexual orientation victimization of lesbian, gay, and bisexual youths in high school. School Psychology Quarterly, 17(2), 148-167.

    Using a study which surveyed the experiences of 350 LGB youth from the US, Canada, and New Zealand, the authors seek to measure the prevalence of homophobic victimization faced by youth in high schools, as well as any mental/emotional trauma resulting from this victimization. The authors find that many of the youth surveyed report knowing about instances in which other LGB youth were victimized (indirect victimization), most commonly in the form of verbal insults (34 per cent), shunning (27 per cent), threats of violence (21 per cent), objects being thrown (12 per cent), being punched, kicked or beaten (10 per cent), and sexual assault (four per cent). Male youth were reported to experience such victimization at a rate two to three times as high as were females. Concurrently, rates of direct sexual orientation victimization were significant. Nearly half (46 per cent) of the youth were not open about their sexuality (were “closeted”), though most reported that they displayed gender atypicality (63 per cent of males and 73 per cent of females). The most common forms of direct victimizations reported included verbal abuse (59 per cent), the threat of violence (24 per cent), threats of disclosure of sexual orientation, objects being thrown (11 per cent), physical attacks (11 per cent), sexual assault (five per cent), and threats with a weapon (two per cent). As with indirect victimization rates, male LGB youth faced increased rates of victimization. In terms of adverse mental health effects reported by the youth, female students reported significantly more trauma responses than did their male peers, though there were no gender differences in relation to substance use. Male respondents reported a higher incidence of lifetime suicidal thinking than did female respondents (42 per cent and 25 per cent, respectively). The authors also note that the earlier that respondents identified as LGB and displayed openness about their orientation, the more direct victimization they experienced.

    DeKesseredy, W. S., Alvi, S., Schwartz, M. D., & Perry, B. (1999). Violence against and the harassment of women in Canadian public housing: An exploratory study. The Canadian Review of Sociology and Anthropology, 36(4), 499-516.

    Using survey data from residents of six public housing projects in Eastern Ontario urban communities, the authors seek to examine the extent of and the nature of abuse and violence committed against women in high poverty urban settings. It is found that 19 per cent of respondents had experienced intimate partner physical violence (a rate higher than similar samples in North America) and 26 per cent of respondents had experienced verbal harassment in public places (with those who spent more time in public space due to work and leisure reporting increased harassment). The authors note that the use of unwanted sexual remarks received from strangers acts to gender public space and to reaffirm women’s vulnerability, with racial harassment acting in a similar fashion to remind racialized women of their status as the Other. A strong relationship between public harassment and private sexual violence is also found by the authors. Overall, women who live in public housing projects are found to suffer from intimate partner violence at higher rates than do other women, though the authors caution that additional research is needed.

    Douai, A., & Perry, B. (2017). Equitable Lens: How Canada’s Ethnic Minority Media Cover Crime. Canadian Journal of Criminology and Criminal Justice. 60(1), 96–121.

    In light of scholarly literature which reveals that the mainstream media tends to connect racialization and crime, Douai and Perry examine the way in which media aimed at specific racial and ethnic communities report on crime by performing a content analysis on two English-language newspapers from the Greater Toronto Area. The authors point to the way in which media serves to construct citizens’ perception of crime and its role in producing a fear of victimization in viewers (despite media portrayals of crime not being consistent with existing data), though this effect is not found to be uniform across the population. Of particular interest to the study is the way in which Canadian media portrays racialized and ethnic minorities in relation to crime, as the linking of race/ethnicity to crime can serve to ghettoize, stigmatize, and demonize such groups.

    How then does media aimed at racial and ethnic minorities handle the portrayal of crime and how does this affect perceptions of the justice system? Douai and Perry find that there is little coverage of crime happening in the local target community, though one of the newspapers featured a significant amount of news from readers’ homelands (the Weekly Voice, aimed at South Asian communities) and the other took a critical perspective of local crime (Share News, aimed at African-Canadian and black Caribbean communities). The two newspapers took decidedly different editorial tones, with one touching on the interconnectedness of racism and crime (Share News), and the other taking a more familiar “law and order” approach to crime coverage and a more right-wing tone overall (Weekly Voice). Thus, the authors find that there does not appear to be a single approach to crime coverage, with some media aimed at racial and ethnic communities also sensationalizing crime and some countering dominant crime narratives by making connections between racism and crime.   

  • F

    Farber, B. (2006). The Internet and hate promotion: The 21st century dilemma. Canadian Issues, 12-14.

    In this brief article, Bernie Farber, the Chief Executive Officer of the Canadian Jewish Congress, discusses the use of the Internet for hate promotion as an ever-expanding problem in Canadian society. Farber then goes on to identify the provisions in Canadian legislation that allow for protection against hate mongers. These include sections 318 and 319 of the Criminal Code of Canada, which identify hate-based offences; section 718.2 of the Criminal Code, which encourages judges to consider as an aggravating circumstances crimes that are motivated by hate, bias, or prejudice; and section 13 of the Canadian Human Rights Act, which provides sanctions against those using technologies (e.g. the Internet) to subject a person(s) to hate. He also acknowledges Canada’s status as the first non-European country to sign the additional protocol on the Convention on Cybercrime. Beyond these protections, Farber emphasizes the responsibility of Canadian Internet service providers to take an active role against hate propaganda on the Internet through self-regulation. Such activism, according to Farber, must be part of a broader, multi-agency approach to resolving the problem of hate on the Internet that involves governments, police services, schools, community groups and service providers.

    Faulkner, E. Canadian Resources on Anti-Gay/Lesbian Violence. LGBTQ Bibliography: Department of Sociology, Brock University unpublished document.

    The link below provides an extensive list of literature on anti-gay and lesbian violence. It has been made available by Ellen Faulkner, Department of Sociology, Brock University. 

    view the LGBTQ bibliography

    Faulkner, E. (2002). Comment: Hate crime in Canada: An overview of issues and data sources. (July 2001), by Derek Janhevich (Statistics Canada). International Journal of Comparative Criminology, 2(2), 239-261.

    This report comments on Derek Janhevich’s report on Hate Crime in Canada: An Overview of Issues and Data Sources. Faulkner summarizes and discusses the findings of the report and critiques the methodological and theoretical influences which guide it. Faulkner describes the report as “an informative but at times disappointing effort at providing analysis of the first available national estimates on HC (hate crime) in Canada. Much more detailed analysis of the data could have been provided” (pg. 242). She then goes onto the interesting information which Janhevich found and what else Janhevich could have included in the report. For example, Faulkner states that much research which is funded by the government is included; however, important comparative research on gay and lesbian violence is missing. Faulkner also states that the approaches and gaps in approaches of policy departments across Canada is comprehensive, although it is mentioned that not all departments collect hate crime statistics. It is recommended that a national program be implemented to evaluate existing documentation approaches of hate crime occurrences in Canada. To conclude, Faulkner states that further social justice research is needed in the area of hate crime. Faulkner provides the following suggestions as to why further research is needed:

    • To understand if the information in the 1999 General Social Survey allows Canadians to understand the extent of hate crime in Canada, which can be done through surveys.
    • To consider trends that are evolving in the United States and how they collect data.

    A more contextualized investigation needs to occur regarding the topic of systemic issues that structure hate crime, which could help to complete the research done by Statistics Canada. 

    Faulkner, E. (2001) Empowering victim advocates: The community response to anti-gay/lesbian violence in Canada. Critical Criminology: An International Journal, a special theme edition on Criminology, Empowerment and Social Justice, 10(2),123-135.

    The focus of this article is to document and critique a model of a community based response to gay/lesbian violence created by The 519 Church Street Community Centre Anti-Violence Programme (The 519). The lack of studies on anti-gay/lesbian hate crime is discussed. American gay and lesbian organizations have documented hate crime since early 1980s, Canadian organizations have not. This is due either to not recognizing the importance or lack of resources to do so. The article discusses the theoretical exclusions of anti-gay/lesbian violence discussing the theories that explain why men choose to attack other men who are gay. There groups who are left out of the traditional definition and study of hate, such as violence against lesbians as well as the compound issues of racism and heterosexism for the ethnically diverse. This exclusion impacts on the work done on anti gay/lesbian violence by anti-violence programs in North America. A survey was completed in Canada regarding the incidents and victim impact of violence against gays and lesbians. The recommendations are discussed in categories; victim advocacy, education and curriculum development, counselling and emergency response, and same-sex partner abuse. There are attempts to move beyond isolated activism and create partnerships, alliances described that have been built to help victims and combat anti gay/lesbian violence. Future theorizing should be concerned with understanding how radicalized homophobic and heterosexist violence is continuing and supported, to support research techniques that document hate crime victimizations and the realities that gays and lesbians live through, and to study questions asked by the feminist movement.

    Faulkner, E. (2006). Homophobic hate propaganda in Canada. Journal of Hate Studies, 5(1), Special Issue on 'Hate and Communication', 63-98.

    Faulkner examines the presence of homophobic hate propaganda in Canada, drawing on critical race theory to frame the issue as one which is an aspect of endemic heterosexism and homophobia in Canadian society that has been present historically, is reflected within the legal system, and must be tackled by those affected with an eye towards eliminating all forms of oppression. The author (in agreement with prominent egalitarians) writes that legal protections against hate speech are necessary to protect targeted communities (in the form of “reasonable limits” on the freedom of expression), though states that further activism will be required. Faulkner utilizes prima facie evidence of hate propaganda directed at LGB individuals gathered from media sources, academic literature, case law, NGOs, and Canadian websites to identify patterns of homophobic hate speech. An overview of Canadian legal sanctions is provided, finding little successful application of these statutes to cases involving LGB individuals. The Canadian situation is then compared internationally, with the literature pointing to a prevalence of homophobic prejudice, even in countries with strong hate speech protections.

    Faulkner then reports her findings of homophobic hate speech patterns, drawing on Hess’s research which found six reoccurring themes: 1) depravity, with LGB individuals being painted as pedophiles and sexual predators ; 2) disease, with homosexuality believed to be alternatively voluntary or a mental illness; 3) AIDS as a punishment; 4) homosexuality threatening society and its institutions, with a belief that LGB people are anti-social and anti-family; 5) danger, with LGB people thought to be criminal and disease-spreading; and 6) conspiracies about a so-called “hidden homosexual agenda” on behalf of LGB persons to spread homosexuality through indoctrination. These messages are found to remind victims of their subordinate status and (as per Banks) to result in a loss of human dignity, self-worth and belonging, damage to cultural identity, group defamation, and harm to society as a whole. Faulkner ends by calling for the hate queer people experience to be considered within the context of their overlapping identities and the history of their oppression, as parallels exist between hate directed at the LGB community and racial and ethnic minorities.

    Faulkner, E. (2006). Homophobic sexist violence in Canada: Trends in the experiences of lesbian and bisexual women in Canada. Canadian Women Studies (Special Issue on Violence Against Women), 25(1-2), 154-161.

    Faulkner examines the prevalence and consequences of homophobic sexist victimization on lesbian and bisexual women in Canada. Patterns and scales of female victimization are identified, drawn from a convenience sample of 475 women found in three grassroots Canadian studies. The author points to the lack of intersectional or structural analysis of homophobic violence at the time, aiming to add nuance to the topic by examining the influence gender plays in homophobic victimization and the way in which hate crimes are understood and studied. Faulkner utilizes feminist frameworks to place violence against lesbians and bi women within the continuum of systemic heteropatriarchal violence more generally, as it is often hard for victims to identify whether it was their gender or sexuality which prompted their victimization.

    A comparison of the selected surveys finds that of lesbian and bisexual women 49.3 per cent were verbally harassed, 25.5 per cent were threatened with violence, 21.8 per cent had been chased or followed, 11.5 per cent had objects thrown at them, 10.9 per cent had been punched, kicked or beaten, 9.3 per cent had been sexually assaulted, 9.2 per cent had been spit at, eight per cent had been harassed by police, and 4.6 per cent had been assaulted with a weapon. Although queer men faced higher overall rates of homophobic victimization, women were more likely to experience sexual violence and attacks with weapons and by family members/acquaintances. Queer women also reported higher levels of modifying their behaviour due to fear of attack and had more fear of attacks overall.  This was found to result in many remaining closeted (completely or in certain situations), avoiding public displays of affection, modifying their dress and/or demeanor, increased wariness of going certain places and doing certain things, and either retreating from political expression or fighting back. Homophobic sexist attacks were found to occur more likely in the private sphere but were found also in the ordinary circumstances of the women’s work and life, often by adult men, male youth and strangers. Faulkner concludes that gender is an important factor in violence against lesbian and bisexual women, but that more research (in particular, more in-depth qualitative research) is needed to gain a more nuanced understanding of the topic.

    Faulkner, E. (2004). Researching anti-gay/lesbian violence in Canada: Methodological and definitional issues. International Journal of Comparative Criminology, 3(2),149-174.

    Faulkner’s article challenges the stereotype of gay and lesbian violence discussing the media as only one source that has created a distorted image, scholarly material also contributes to the stereotype. Through a triangular approach, Faulkner combines survey research and interviews, participant observation and content analysis for a reflective and content sensitive approach to assess the prevalence and impact on the victims of gay and lesbian violence. Faulkner challenges four aspects of Harry and Burk’s (1992) definition of gay bashing in the article; the notion that all gay bashers and victims are male, the belief that they mostly kill strangers, the assumption that they kill because of a pathological condition of thrill seeking, and the notion that gay bashing perpetrators are powerless and have contributed to the stereotype. Faulkner argues that it is pointless to conduct research on gay and lesbian violence until the contradictions in typologies, theories and definitions are explored. Stating that all research on gay and lesbian violence has methodological problems Faulkner breaks them down into two categories, qualitative and quantitative research issues. The problems with typologies are that attempts to describe a gay basher and how they go about their business are the major flaws in classifying gay bashing. Faulkner concludes by stating it is imperative to expand the definition of anti-gay and anti-lesbian violence, improve the reliability of information sources and research methodologies, the sharing of research, and eradicating the gay basher stereotype. The changes are essential so that policy decisions and strategies for intervention are to be informed by reliable data. Also, by challenging the media and psychiatric constructions of gay realities it will be possible to move beyond the pathological models. Finally, a challenged analysis of androcentric and radicalized gay bashing is needed to go discover the specificities of women’s and visible minorities’ experiences of heterosexism. 

    Field, A. M. (2007). Counter-hegemonic citizenship: LGBT communities and the politics of hate crimes in Canada. Citizenship Studies, 11(3), 247-262.

    Field examines the way in which Canadian citizenship is experienced by those who belong to groups considered ‘other’ due to their gender and/or sexuality. The author contends that these individuals do not enjoy the full benefits of substantive citizenship (the ability to participate fully and equally in a society), with hate-motivated violence standing as the clearest attempt to deny them such. Utilizing a case study of the Ottawa Police Liaison Committee with the LGBT Community, Field questions whether Canada’s legislative hate crime framework is robust enough to assure the safety necessary to afford LGBT people substantive citizenship. She finds that the community-based Liaison Committee which worked in tandem with the Ottawa Police Hate Crime Section was successful in creating conditions in which the LGBT community felt safer to access police services and to hold them accountable for providing adequate protection. Thus, while strong hate crime legislation is needed, it must be operationalized at the community level to allow greater police awareness and responsiveness to hate crimes and, importantly, as a point of entry for vulnerable groups to shape relations with police and have their needs met which in turn allows for more substantive citizenship.

    Freiman, M. (2006). Litigating hate on the Internet. Canadian Issues, 66-71

    Freiman examines the utility of section 13 of the Human Rights Act by using the Zundel case to illustrate its strengths as a weapon against hate propaganda. Zundel was brought before the Human Rights Tribunal in violation of section 13 of the Human Rights Act and was eventually successfully prosecuted for the creation and ongoing operation of his Zundelsite. Freiman begins by telling some of his favourite antidotes from the infamous case as Zundel and his lawyer attempted to find loopholes in the seemingly airtight section. Freiman claims that section 13 is conceptually, technically and legally well-grounded, which enables it to strike the appropriate balance between competing social and constitutional goals. Freiman provides seven reasons for his assertion, which coincide with the seven primary components of section 13. Freiman explains how each of the following components contribute to a holistic approach to fighting hate propaganda; section 13:

    • Treats hate propaganda as a discriminatory practice rather than a crime.
    • Makes clear that the target is the person who communicated the message and not the message itself.
    • Requires certainty about who is communicating the hateful messages.
    • Establishes that “communicating telephonically repeatedly” includes hateful messages repeatedly posted on the Internet.
    • Establishes constitutional jurisdiction over the communication of hateful messages.
    • Sets out the nature of the harm done by the messages.
    • Defines all types of discrimination against all groups as unacceptable.

    These seven parts of section 13 come together to form a complete and all-encompassing tool for fighting hate propaganda, as evidenced by its ability to successfully prosecute one of Canada’s most notorious hate mongers, Ernst Zundel.

    Forcese, C., & Roach, K. W. (2015). Criminalizing terrorist babble: Canada's dubious new terrorist speech crime. Alberta Law Review, 53(1), 35.

    Forcese and Roach examine the speech-based terrorism offense contained within Canada’s Bill C-51 and seek to gauge its merit. The offense, known as a terrorism “glorification” offense, regulates internet materials which are thought to promote radicalization and allows for the deletion of such material. While the authors feel that the criminalization and deletion of hate speech by an open and independent judiciary is legitimate (as they operate as an extension of previous and more narrow anti-terrorism laws), they find that the manner in which these acts are structured within Bill C-51 is overbroad and may allow for government security officials to engage in a number of covert end runs around the system.

    The article begins with a section detailing radicalization processes and elements of terroristic violence, with the authors providing sociological context and discussing the differences between “radicalization” and “radicalization to violence”. The way in which the internet is utilized by terrorist organizations, including as a tool to organize, to spread propaganda, and to wage psychological terror, is also examined. The authors note that the internet serves as a “driver and enabler for the process of radicalization”, though it alone is not a cause. Solutions for reducing the supply of and demand for terrorist content on the internet are proposed and include deletion and prosecutions, hiding content in searches, network analysis, and deradicalization programs.

    The next section examines provisions within the Canadian Criminal Code which pertain to terroristic radicalization and finds that current law prohibits speech “intentionally targeted at furthering the objectives of terrorist groups” but stops short of prohibiting radicalized boasting, apologia, or ideological speech. The authors warn against crossing this threshold, as they feel it may fuel further division and drive such speech to darker corners of the internet where it will be harder to track. The use of glorification offence provisions in other jurisdictions (Europe and the UK) are detailed before the authors delve into the specific contours of Bill C-51’s glorification offence and how it may be received in Canadian constitutional law and how it may interact with Section 2(b) of the Canadian Charter of Rights and Freedoms which assures freedom of expression. Forcese and Roach argue that the glorification offence in Bill C-51 would likely extend to expression protected under Section 2(b), although they theorize that Section 1 of the Charter could be used to save the provision (as it could be argued as necessary for public safety). Ultimately, the authors conclude the article by stating that the new speech offence is “unnecessary and reckless”.
  • G

    Gold, N. (2004). Sexism and anti-Semitism as experienced by Canadian Jewish women: Results of a national study. Women’s Studies International Forum, 27(1), 55-74.

    Feminists have rarely acknowledged the diversity of Jewish women in the same ways they have recognized the diversity of women from other ethnic backgrounds. Gold attempts to rectify this disparity by conducting a representative nation-wide study of Jewish female Canadians. Specifically, Gold seeks to establish the extent of Jewish women’s experiences with sexism and anti-Semitism, the similarities and differences between these types of experiences, and the impact these experiences have on their mental health. Phone interviews were conducted with 364 Canadian Jewish women in September 2000. The women were asked a total of 75 questions pertaining to anti-Semitism and sexism and were later mailed the Beck Depression Inventory (BDI) that was completed and returned. Quantitative statistical analyses were performed using the results of both the phone interview and the BDI. Many of the interview questions focused on discriminatory practices and attitudes, but the survey also touched on their experiences with hate crimes such as vandalism and assault which was perceived to have taken place simply by virtue of them being Jewish. The survey revealed that only about 10 per cent of the women interviewed had experienced anti-Semitic hate crimes. There were no survey questions related to hate crime on the basis of gender. Concluding the study, Gold reveals evidence of a dual oppression, which can often result in depression. Gold also concludes that there are certain characteristics that can aggravate or mitigate sexist and anti-Semitic attitudes towards them; education, household income, and geographical location can contribute to women’s negative experiences.

    Green, D. P., McFalls, L. H., & Smith, J. K. (2001). Hate crime: An emergent research agenda. Annual Review of Sociology, 27(1), 479-504. doi: 10.1146/annurev.soc.27.1.479.

    The authors seek to provide an overview of hate crime, to identify gaps in hate crime research literature, and to provide direction for future hate crime research. In particular, they note that while much attention had been paid to prejudicial behaviour, little research at the time had tried to deduce why prejudice turns violent. The article begins with a section devoted to defining hate crime and detailing who is included within protected groups, what acts constitute a hate crime, what motivates hate crime perpetrators, and how to synthesize these elements to structure a workable research process. The next section offers possible theoretical explanations for the existence of hate crime including as the result of psychological traits, social-psychological factors, historical-cultural circumstances, sociological factors, and economic or political strife, as well as some synthesized approaches. The final section of the article offers an overview of empirical research findings of the time, with the authors pointing to the strengths and weaknesses within each vein of hate crime research. The authors end with a call to widen the scope of hate crime research through novel and diversified research designs and the increased collection of data.

    Greenspan, E. L. (2004). Should hate speech be a crime? Queen's Quarterly, 111(1), 73.

    Canadian defence lawyer Edward Greenspan offers his controversial opinion that the key to overcoming hate speech lies not in its criminalization, but through the upholding of the principle of free speech. He argues that this would allow for such speech to be exposed to the public arena where it can then be countered. Examples of the Canadian hate speech trials of Keegsta and Zundel (as well as historical examples including the Zola-Dreyfus affair and Nazi Germany) are used by Greenspan to illustrate his argument. He invokes Jonathan Rauch and his Liberal Principle which states that the “checking of each by each through public criticism is the only legitimate way to decide who is right” and chastises hate speech laws which he considers as punishment for social wrongs, not crimes. Greenspan sees this as a violation of civil liberties and as a danger greater than that posed by hate speech itself as he believes that “in a free and democratic society it is more freedom of expression and more freedom of speech that form the most effective weapon against the hate mongers”.

    Gusella, M. (2006). A serious threat. Canadian Issues, 4-7.

    This document contains the opening address of Mary Gusella, former Chief Commissioner of the Canadian Human Rights Commission (CHRC), at the Hate on the Internet Conference. In her address, Gusella begins with a brief review of key historical incidents in the propagation of hate, involving John Ross Taylor as the leader of a white-supremacist neo-Nazi group in the first telephonic hate message case and Ernst Zundel in the first Internet hate case. Both of these cases are reviewed for the purposes of discussing the use of Section 13 of the Canadian Human Rights Act as a tool for responding to hate propaganda. Gusella also outlines new initiatives of the CHRC that will facilitate the processing of section 13 complaints, including, among other things, the creation of a section 13 complaint team, ongoing communication with Internet service providers, and the development of relationships the Media Awareness Network. Although Gusella acknowledges the limitations of section 13, she emphasizes its significance as a symbol of social solidarity with the targets of hatred and bigotry. Concluding her opening address, Gusella emphasizes the two objectives of the conference:

    • To create awareness of section 13.
    • To facilitate the exchange of knowledge among experts by providing a networking opportunity with the conference.
  • H

    Haggerty, B.P. (2008). Hate crime law & social contention: A comparison of non-governmental knowledge practices in Canada & the United States. PhD Dissertation, University of British Columbia.

    This 2008 Ph.D dissertation examines hate crime laws in Canada and the US and the way in which homophobic and transphobic hate crime cases are shaped by nongovernmental groups who conduct their own unofficial inquiries which then establish legal knowledge about anti-LGBT hate crime. Haggerty looks at two comparable cases in the US and Canada (the Micah Painter case and the Aaron Webster case) to observe how criminal justice actors labeled and constructed the violence (whether it was classified as a hate crime) and how nongovernmental groups worked to attach the hate crime label. The author ultimately finds that the level of local legislative power and the availability of a local mechanism for public review influence nongovernmental contention about hate crimes. Police forces which collect and publish hate crime statistics offer both a site of mobilization and a narrowing of the styles of contention used by nongovernmental groups, while police forces which do not collect and publish hate statistics offer less mobilization (as they do not offer an official classification system) but do allow for more varied contention styles.

    Helly, D. (2004). Are Muslims discriminated against in Canada since September 2001? Canadian Ethnic Studies, 36(1), 24-47.

    Helly delves into the lives of Arab and Muslim communities by exploring various aspects of their lives pre- and post-September 11, 2001, including employment trends, access to education, limitations on freedom and a subsequent rise in hate crime. Helly begins by clearly defining several forms of discrimination including systemic, institutionalized, usual, and voluntary racism. She also defines the term hate crime and highlights the differences in the nature and extent of hate crime in several countries including Canada. Helly qualifies these differences by touching on the inaccuracy of hate crime statistics in Canada, by noting the nature of these crimes ensures underreporting, in addition to the absence of a national definition and  a consistent method of classification among police services. The Muslim Canadian experience post September 11 witnessed an initial rise in hate crime which subsided in 2002. Hate crimes were, for the most part, limited to verbal insults, but were extenuated by ethnic profiling by police, inequitable access to the labour market, and negative coverage in the media, which aggravated negative public attitudes towards Muslims. However, Helly does highlight some positive steps that have been made since September 11, 2001; many Canadian communities have attempted to re-establish bonds between the Muslim community and municipal authorities. Furthermore, some political parties, such as the New Democrat Party (NDP), took interest in the inclusion of the Muslim community following the attacks.

  • J

    Juriansz, R. (2006). Combating hate and preserving free speech: Where is the line? Canadian Issues, 18-35.

    The Honourable Justice Juriansz delves into the much debated issue of the right to free expression and the right to be protected from hateful speech and action. Juriansz begins by discussing the crucial importance of free speech in a democratic society, citing extreme American examples of the seemingly absolute right to free expression offered in the First Amendment. Unlike the American experience, most other nations have established that the “careful restriction” of some forms of speech is both desirable and necessary. Juriansz exemplifies this by referring to the numerous signatories of international treaties, which denounce racism and hate such as the International Convention on the Elimination of All Forms of Racial Discrimination. The states that endorse these types of treaties often have legislation which is consistent with them. Juriansz also explores the recently amended (January 2006) British legislation that limits free speech. Critics have suggested that the new legislation takes on the characteristics of American legislation by making it virtually impossible to successfully prosecute individuals for expressions of hate. Juariansz goes on to discuss the Canadian debate in the context of section 13 of the Canadian Human Rights Act whose provisions focus on “telephonic communication.” This section has established jurisdiction over hate on the Internet as a type of “telephonic communication.” This section has also deemed that certain expressions, such as violence, are not protected under the right to freely express oneself. Juriansz also briefly looks at the challenges to the Criminal Code, citing popular cases like R. v. Zundel and R. v. Keegstra. He concludes by suggesting that the balance between freedom of expression and censorship of hate can be found by using the Charter and its interpretation and application by the Supreme Court of Canada.

  • K

    Kang, H. B. K. (2012). Colonization is not a ghost: Colonial infused racism is alive and well. Sikh Formations, 8(3), 327-331.

    Responding to the murder of six American Sikhs at the hands of a white supremacist in 2012, Kang probes the role that racism still plays in North American society and the toll which it takes on diasporic Sikh communities. Kang weaves personal accounts of the racism which she has experienced throughout the article to illustrate the discriminatory effects suffered when one does not occupy a white settler identity in supposedly ‘multicultural’ Canada. She describes the casual bigotry which she has endured and describes the fear she feels for her daughter within a white supremacist colonial state which views and treats those with brown skin as the Other. Kang finishes the article by asserting that decolonization which breaks down the white supremacist foundation of North America must be undertaken if racism is to be effectively eliminated.

    Kaushik, V., Lee, Y., & Lemon, E.C. (2018). Diversity in Canada: Predictors of the perceptions of social interactions. Journal of Human Behavior in the Social Environment, 28(7), 1-16.

    To study the influence of racial, linguistic religious, socioeconomic and immigrant status on the social interactions of Canadians, the authors analyzed over 40,000 telephone interview responses from across the country and interpreted the results through the lens of social identity theory (SIT). Their results show that Canadians who are a visible minority, are of low socioeconomic status, who speak a non-official language (although French-speaking respondents also reported feeling othered), and who practice a religion other than Christianity feel that they are discriminated against and are worried about experiencing hate crime victimization. Thus, those individuals who belong to social outgroups (visible minorities, in particular) tend to view their social interactions as negative which prompts feelings of exclusion and fear of victimization. The article begins with a literature review which explains the ways in which diversity influences social interactions and the effects that various factors (religion, language, education, etc.) exert on social cohesion and ends with a call for Canada to strengthen its multiculturalism commitment by instituting programs and policies which promote social inclusiveness.

    Kutty, F. (2017). Canada not immune from a legacy of fear-mongering. Washington Report on Middle East Affairs, 36(2), 40.

    Kutty highlights the prevalence of Islamophobia in Canada in light of the Quebec City mosque attack in 2017 and challenges the view of Canada as a tolerant and multicultural haven. Hate crimes and discriminatory actions committed against Muslims are highlighted, with the author placing the source of such bigotry within an anti-Muslim narrative which has been echoed and advanced by a subset of politicians and media figures spurred by the “war on terror” which followed the 9/11 attacks. Those on both sides of the political divide are implicated, in particular the federal Liberal Party of Canada (for their Anti-Terrorism Act), feminists who have embraced the unfounded far-right fear of shariah law, and the Harper Conservatives’ Islamophobia-fuelling offensives against “radical Islam”. Kutty then details a number of legislative and policy directives which have occurred and which advance Canadian Islamophobia, effectively illustrating that anti-Muslim bigotry is alive and well in multicultural Canada.

  • L

    LaSelva, S. V. (2015). Toleration without hate speech: The Keegstra decision, American free speech exceptionalism and Locke’s letter. Canadian Journal of Political Science, 48(3), 699-718. doi: 10.1017/S0008423915001043.

    LaSelva examines the debate between American free speech theory (First Amendment exceptionalism) and the legal prohibition of hate propaganda (as found in Canada’s Keegstra decision), drawing upon the writings of Justice Holmes and John Locke to probe the limits of toleration within societies which have affirmed human rights. The first section delves into First Amendment exceptionalism, beginning with Justice Holmes’ dissent in the Abrams and Schwimmer cases and finds “a deep skepticism, an abiding faith, and a paradoxical philosophy of law and life” which places freedom of thought and of speech as necessary for truth to be discovered. Locke’s Letter Concerning Toleration is next examined and is found to offer a basis for free speech exceptionalism that is built upon the theory that belief is incoercible (as opposed to the skepticism of Holmes). 


    The second section examines free speech exceptionalism in the context of the Canadian ideal of “toleration without hate speech” and the way in which hate speech was mediated within the cases of Keegstra and Butler through the Canadian Charter of Rights and Freedoms (which places limits on freedom of expression due to the social and democratic harms of hate propaganda). LaSelva notes that while Canadian courts have affirmed the importance of free expression for civil liberty, they ultimately recognized the ability of unchecked hate propaganda to harm individuals and to damage the value of multiculturalism which Canada seeks to uphold.

    The limits of toleration are next examined, including the “clear and present danger” test of Holmes (and its rejection) and the need to maintain “a common Canadian citizenship… and a distinctive Canadian constitutional faith”. LaSelva ultimately finds that the contrast between American and Canadian approaches to the dilemma between hate speech regulation and freedom of expression can be found within Popper’s “paradox of tolerance” (which holds that intolerance can not be abided within a free and democratic society), as well as within Schauer’s analysis of this paradox which finds that the purpose of speech must be accounted for to find its value.

    Leeper, R. (2000). Keegstra and R.A.V.: A comparative analysis of the Canadian and U.S. approaches to hate speech legislation. Communication Law and Policy, 5(3), 295-321. doi: 10.1207/S15326926CLP0503_1.

    Leeper compares the relative approaches of Canada and the United States to hate speech legislation and finds that the competing worldviews of communitarianism and liberalism (respectively) influence the manner in which hate speech is considered in each country. The first section examines the context, the people, and the themes of communitarianism and liberalism. Leeper notes that the loss of a sense of community in the U.S. stems from an increased individualism and the growth of big government on behalf of its dominant liberal paradigm. Canada is shown to be more communitarian in nature, as evidenced by the Canadian Supreme Court’s decision to convict James Keegsta on hate propaganda offences despite freedom of expression being mandated within the Canadian Charter of Rights and Freedoms (the prevention of the dissemination of hate propaganda was found to be a reasonable limit on this right). 


    Conversely, the U.S. case of A.V. is shown to uphold the protection of hate speech by finding a charge of bias crime (a cross burning) to be in violation of the First Amendment (which guarantees freedom of expression). A detailed analysis and discussion of the Keegstra and R.A.V. decisions is next undertaken, with Leeper noting that the liberalism which guided the U.S. court to consider freedom of expression in such a narrow and acontextual manner was not present in Keegsta, thus allowing for a more nuanced conception of the freedom of expression in the more communitarian Canadian Court. To further his analysis, Leeper also looks at the Zundel Holocaust denial case, libel law, and pornography regulation to provide insight into the relative legal and ontological approaches taken by each nation.

    Lillian, D. L. (2007). A thorn by any other name: Sexist discourse as hate speech. Discourse & Society, 18(6), 719-740. doi: 10.1177/0957926507082193. 

    Lillian argues that while sexist discourse does not meet the legal definitions of hate speech, some does meet the criteria for linguistic hate speech and should be regarded as and challenged as such. The first section offers a definition of sexist discourse and an examination of the work of William D. Gairdner to serve as a case study. Gairdner is shown to paint all women with whom he disagrees as “feminists” (a term which he uses as a pejorative), describing them in animalistic terms and insinuating that they are overemotional, irrational and hateful. He adheres strongly to the patriarchal nuclear family model and sees women as natural carers who hold responsibility for keeping men in check. The next section offers definitions of hate speech and identifies blind spots within the literature of the time regarding the inclusion of sexist discourse. Lillian next shows how sexist discourse can be incorporated into hate speech definitions through Whillock’s four criteria of hate speech: 1) inflaming the emotions of followers; 2) denigrating the designated out-class; 3) inflicting permanent or irreparable harm; and 4) conquering over the out-class. Lillian concludes by imploring for the breaking down of binaries within post-feminism and calls for women to be considered an actionable class in a bid to place sexist discourse to the realm of hate speech.

    Logie, C. H., & Earnshaw, V. (2015). Adapting and validating a scale to measure sexual stigma among lesbian, bisexual and queer women. PLoS One, 10(2), e0116198-e0116198. doi: 10.1371/journal.pone.0116198.

    Logie and Earnshaw seek to fill gaps in research literature which measures the health effects of sexual stigma in LBQ women by studying the role which perceived sexual stigma (social judgement, negative attitudes, and social norms) plays in health outcomes alongside the effects of enacted sexual stigma. To do so, the authors adapt a sexual stigma scale to design a three-phase validation process which involves an initial focus group to modify survey items, a cross-sectional internet survey with LBQ women in Toronto, and an internet-based survey with a baseline and six-week follow-up with LBQ women in Toronto and Calgary. Data was then analysed to yield one scale with both a perceived sexual stigma factor and an enacted sexual stigma factor, as well as health and demographic correlates of the sexual stigma scale. Few of the women are shown to have experienced severe forms of overt discrimination, but an overwhelming majority report experiencing perceived sexual stigma. In particular, Indigenous women, South Asian women, and women who identified as queer scored highly on the sexual stigma scale, with a high rating being associated with an increase in depressive symptoms, lower self-esteem, less social support, and lower self-rated health scores.

  • M

    Maillett, M. (2006). Hate message complaints and human rights tribunal hearings. Canadian Issues, 78-84.

    In this paper, Maillett discusses the role of section 13 of the Canadian Human Rights Act in combating hate (particularly on the Internet). The Canadian Human Rights Commission has identified this section of the legislation as the primary means to curb the widespread dissemination of hateful material on the Internet. The Commission has further identified the Tribunal hearings as the primary means of preventing the continuing distribution of hate and to protect its victims from further harm. Before describing the utility of The Human Rights Act and its Tribunals, Maillett first briefly illustrates the evolution of hate propaganda from pamphlets in the 1970s to widespread hate that spans across borders on the Internet. Maillett also explains the beginnings of legislation, taking the stance that limiting the communication of hate does not necessarily run counter to the principles of a free and democratic society as expressed in the Charter. Maillett goes on to detail why the Canadian Human Rights Act is a great tool for combating hate. The CHRA does not require proof beyond a reasonable doubt but rather proof based on a balance of probabilities, it has a broad interpretation, and it is accessible to ordinary citizens. But Maillett also point out several drawbacks to legislation and the Tribunals; they often re-victimize the complainants, hearings are transformed to focus on the behaviour of the complainant rather than the respondent, and often respondents abuse the process, which depletes the Tribunal and the Commission’s already limited resources.

    Malik, M. (2011). Religious freedom, free speech and equality: Conflict or cohesion? Res Publica, 17(1), 21-40. doi: 10.1007/s11158-011-9141-7.

    Malik analyzes case law from Britain, Canada, and the US to evaluate the relationship between the often conflicting goals of religious freedom, free speech, and equality and argues that the “criminalization of hate speech poses a distinct risk to the values of free speech”. Malik begins with an examination of the conflict which exists between religious freedom and protection from discrimination due to sexual orientation within liberal democracies, first detailing the contours of human right protections offered to religious belief and practice and then offering examples in which religious freedom has clashed with requirements to offer equal services or opportunities to gay and lesbian individuals. Malik places these conflicts within the need for liberal democracies to balance competing rights.

    The next section offers a discussion of the various means of regulating religion and sexuality conflicts. Hate speech is first considered, with Malik proposing that criminal law be eschewed as a solution in favour of non-legal responses which avoid the conflict between free speech and equality norms, especially as the right to free speech is offered as a means for minorities to criticize and challenge injustice as active resisters. The role of popular media in normalizing stereotypes and prejudice is also noted, with media regulation being offered as a practicable site of reducing discrimination without the use of criminal law. The use of exemptions which permit religious organizations the right to discriminate against sexual orientation in limited circumstances where a balance between freedom of belief and equality rights is required is also discussed, with Malik warning against this approach due to the possibility of misuse.

    Malik next offers the example of Canadian case Trinity Western University v British Columbia College to illustrate the distinction between the right of an organization to hold beliefs which are discriminatory and their right to act upon them, also offering examples of US case decisions which provide further nuance to the discussion. Malik concludes the article by calling for approaches to religion and sexuality conflicts which do not “create a hierarchy between rights or equality grounds” and which could include deliberation in non-court forums, the use of a process of consultation before conflict arises, cultural policy which encourages the inclusion of minority voices to publicly counter hate speech, and better workplace training and management.

    Mason, G. (2014). The symbolic purpose of hate crime law: Ideal victims and emotion. Theoretical Criminology, 18(1), 75-92. doi: 10.1177/1362480613499792.

    Mason discusses the symbolic purpose behind hate crime law and finds that it seeks to draw a definite line in the sand which holds that prejudice will not be tolerated, thus engaging in “a process of re-moralization that seeks to challenge the norms and moral boundaries that sustain… hierarchies of difference”. Mason notes though that this process “hinges on the image of the ideal victim… who is capable of reconfiguring public perceptions of them as inferior, illegitimate or dangerous Others”, something which cannot be achieved through legal rules alone and requires that victim groups be able to engender compassion to effectively utilize the legal protection afforded by hate crime law. 


    The first section offers an overview of hate crime law and the ways in which it seeks to both render prejudice as a moral and social wrong and to reconfigure perceptions of protected groups. Mason points to the way in which hate crime law also acts as a site of contestation where victims are sorted into legitimate (“vulnerable, weak, respectable and blameless for their victimization”) and illegitimate (“troublesome, distasteful, trivial or engaged in risky behaviour”) victims. The article next examines the role which compassion plays in the reconfiguration of public prejudice towards minority groups within hate crime law, acting to both humanize victims and to provide emotional distance from them. Mason notes that compassion is only helpful if it can spur the public to change their attitudes and behaviour towards victim groups and must accompany hate crime law for it to be effective.

    Using Nussbaum’s three judgements of compassion (size, deservingness, and significance), Mason next describes how compassionate thinking is undertaken: 1) affected communities which have a recognized history of discrimination or who have experienced severe forms of discrimination are generally afforded more legitimacy; 2) victims who are considered blameless for their maltreatment are considered more legitimate than those with perceived moral failings; and 3) groups who are victimized for identities or characteristics which are familiar to the public tend to receive greater legitimacy and sympathy. Thus, “the potential for hate crime law to achieve its moral ambitions is only as strong as the capacity of protected groups to meet the image of a sympathetic victim”.

    McKenna, I. B. (1994). Canada's hate propaganda laws - a critique. Ottawa Law Review, 26(1), 159.

    McKenna challenges previous assumptions that Canadian racial hate propaganda laws exist to prevent harm for victim communities and to preserve the public order from marginal extremists, instead arguing that hate propaganda laws actually serve to manage and uphold an unequal and discriminatory capitalist colonial system which benefit corporate and political interests. Further, he notes that a reliance on traditional analyses of hate propaganda which consider racial hate to be contained within a small group of extremists in an otherwise tolerant society misses the systemic racism woven into Canadian political and economic institutions. Therefore, laws built around this interpretation will be ill-suited to effectively address hate propaganda. 


    McKenna offers a detailed history of official Canadian racism and urges Canadian legislators to “actively support the implementation of human rights policy”. He suggests several possible solutions: 1) holding both the perpetrator and those who aid and abet them from a position of authority accountable under the Criminal Code of Canada; 2) holding governmental bodies which oversee the provision of public services (for example, licensing bureaus) responsible for supervising and disciplining service providers which do not adhere to their human rights duties; and 3) granting human rights tribunals access to stronger remedies to address cases of discrimination. McKenna then cautions that formidable barriers exist in the quest to reform Canadian hate propaganda laws, particularly in light of the contemporary corporate interest in unfettered capitalist accumulation which is aided by a level of racial hatred which allows for citizens to be comfortable with the exploitation of racialized and Indigenous peoples for labour and resource extraction (at home and abroad), but which is still capable of existing in a state of public order.

    McNamara, L. (1994). Criminalising racial hatred: Learning from the Canadian experience. Australian Journal of Human Rights.

    This article from the Australian Journal of Human Rights uses Canadian legislation and jurisprudence as a point of reference to inform Australia’s formal response to hate activity. In commenting on hate crime, McNamara identifies and describes key pieces of anti-hate legislation in Canada, including national laws, such as the Criminal Code and Human Rights Act (1977), as well as provincial laws, such as the Saskatchewan Human Rights Code and the Ontario Human Rights Code—all of which attest to the criminalization model of Canada with respect to hate crime. McNamara also dedicates special attention to Canadian jurisprudence on hate crime, as dealt with in R. v. Keegstra at the Supreme Court level. In doing so, McNamara identifies the emerging debate between proponents of anti-hate legislation vis-à-vis defenders of the constitutionally recognized freedom of speech. In reference to this debate, McNamara is critical of placing hate crime in the context of rights discourse and states that racial vilification laws are counterproductive when they individualize and marginalize hate crime as the action of the person being prosecuted rather than acknowledging its roots in the broader social, historical context. In offering this critique McNamara supports the current conciliation model used in New South Wales under section 20(C) of the Anti-Discrimination Act (1977) as an instrument for dealing with a wider array of hate activity while also catering to the needs of target groups. Ultimately, McNamara suggests that the priorities of anti-vilification laws need to be re-defined so as to emphasize an assessment of the harm caused to target groups by hate crime.

    McNinch, J. (2008). Queer eye on straight youth: Homoerotics and racial violence in the narrative discourse of white settler masculinity. Journal of LGBT Youth, 5(2), 87-107. doi: 10.1080/19361650802092499.

    Using the example of the 2001 sexual assault of a 12-year-old Indigenous girl at the hands of three white men in Tisdale, Saskatchewan to ground his work, McNinch examines the way in which white masculinity is “built upon race, sex, and gender on the Canadian landscape”. The article is interpreted through the work of a number of scholars, including William Pinar, Pierre Bourdieu, Eve Kosofsky Sedgwick, and Sherene Razack, and proposes that white settler masculinity exists within an historical and relational context which privileges whiteness and the “natural” heterosexual masculinity supposedly contained within. McNinch places this masculinity within the homosocial rituals of small-town white men and details the way in which misogyny and racism are used to displace homoerotic desire and to “enact white manhood”. Parallels are then drawn between white masculinity and colonialism, with the assault of a young Indigenous girl acting to “tie() the past to the present in the unconscious exercise of les droits de seigneur”. McNinch ends the article with suggestions of how to apply his analysis pedagogically in order to break down the privileging of white heterosexuality.

    Mirrlees, T., Perry, B., & Scrivens. R. (2018). The dangers of porous borders: The “Trump Effect” in Canada. Journal of Hate Studies, 14(1), 53-75.

    This article explores the effect that Donald Trump and his brand of right-wing populism which embraces and promotes racism, sexism, and xenophobia has had on emboldening white supremacists in Canada. The first section of the paper defines right-wing populism and tracks the connections between Trump’s brand of populism and the expansion of white supremacy. The second section moves the focus to Canada, examining the increase in right-wing extremism seen after Trump’s electoral victory and details a number of incidents which illustrate Canada’s susceptibility to the Trump Effect. The third section contextualizes the emergence of the Trump Effect in Canada by exploring Canada’s economic, geopolitical, and technological ties to the United States, detailing already-existing far-right subcultures, and pointing to the neoliberal conservative political framework enacted during the Harper years and on behalf of several provincial governments which have helped to set the stage for the Trump Effect in Canada. The final section offers signs of resistance to the Trump Effect and proposes that a left-wing populist movement which aims to ameliorate the poor material conditions which allow right-wing extremism to flourish among the disaffected be undertaken.

    Mock, K. “Recognizing and reacting to hate crime in Canada today”. 

    This article focuses on the problem of hate in contemporary Canada and the urgent need to react against hate crimes. In the aftermath of the September 11, 2001 terrorist attacks, Mock acknowledges the dramatic increase in the number of reported hate crimes, especially against Muslim, Arab and South Asian Canadians, while also taking into account the reality that the vast majority of hate crimes go unreported. In calling attention to this problem, Mock emphasizes the importance of understanding what hate crime is and knowing how to respond to it as stepping stones in the fight against hate and intolerance. Mock begins this process by reviewing key terms in hate crime discourse, including the definitions of hate crime and hate propaganda. She further explains the motivating factors behind hate crime, particularly as they relate to prejudice, stereotyping and scapegoating, along with their consequences for targeted groups, including feelings of fear, vulnerability, and isolation. Mock concludes the article with a description of a three-pronged approach for reacting to hate crime. First, protection can be found in existing laws such as the Criminal Code, the Convention on the Elimination of All Forms of Racial Discrimination, the Canadian Human Rights Act, the Canadian Bill of Rights (1960), and the Charter of Rights and Freedom (1982). Second, prevention can occur through public education and awareness campaigns, such as those surrounding the International day for the Elimination of Racial Discrimination on March 21 or the International Human Rights Day on December 10. Finally, partnerships are necessary to ensure that a co-ordinated community response is utilized against all forms of hatred in a manner that reduces fear and promotes solidarity.

    Moore, D., & Rennie, A. M. (2006). Hated identities: Queers and Canadian anti-hate legislation. Canadian Journal of Criminology and Criminal Justice, 48(5), 823-836. doi: 10.3138/cjccj.48.5.823.

    Moore and Rennie examine the problems associated with attempts to fix narrow definitions of sexual identities within hate crime law. The murders of Alain Brousseau and Aaron Webster are examined through the lens of queer theory and are used to illustrate the fluid and relational nature of sexual identity, with the authors noting that queerness within hate crime incidents is often shaped by outside actors instead of standing as a stable and essential identity of the victim. The murder of Brousseau (a heterosexual man killed by assailants who believed he was gay due to his dress and location) is used to illustrate the way in which sexual identity in hate crime cases can be rendered mutable due to the perceptions and/or actions of outside actors, in this case by both the assailants and the Queer community which harnessed his death to plead for better protections. Webster’s murder is then examined, differing from Brousseau’s case in that he was a gay man whose assailants claim that his sexuality was not a factor in his death (they claimed to have instead been targeting “peeping toms”). The decision of one judge within this case who argued that the act of targeting a form of sexual orientation (voyeurism) thus amounted to a hate crime is used to further illustrate the interpretive nature of identity and the ways in which it can be defined and redefined within a social context.

    Moran, L. J. (2004). The emotional dimensions of lesbian and gay demands for hate crime reform. McGill Law Journal, 49(4), 925.

    Moran challenges the foundational assumptions of law as purely reasonable and rational by exploring the emotional investments made by the lesbian and gay communities when seeking to outlaw homophobic violence in the form of strengthened hate crime laws. He argues that the push for greater punishment for hate crime made by LG communities may inadvertently result in the strengthening of a law and order agenda which can serve to instead institutionalize and legitimate hate through a politics of retribution. The first section of the article examines the various rationales which underlie calls for enhanced punishment for hate-motivated crimes, noting in particular the use of enhanced punishment to render homophobic violence exceptional and as a form of retribution which acts as a debt paid to society/the state. 


    Moran next details the contours of the rise of a law and order politic in Western liberal democracies and the way in which this politic has resulted in a renewed emphasis upon punitive solutions through the institutionalization of certain emotions (anger, resentment, vengeance, etc.) within criminal law. The way in which vengeance ties together “the emotional dimensions of law and the reason of law’s violence” is next examined, with Moran noting that while the institutionalization of vengeance through law prevents a spiral of escalating violence, it also acts to “make law’s violence into good violence and the irrationality of the emotions produced in the context of that violence into the reason of law”. Moran next details arguments against the use of the word “hate” within law, a term which is considered by some to be imprecise and capable of exacerbating social conflicts if misused. The final section of the article cautions that demands for inclusion in a hate crime politic which centres retribution instead of the oft-preferred aim of deterrence may contribute to the building of a more repressive regime of criminal justice.

    Moran, M. (1994). Talking about hate speech: A rhetorical analysis of American and Canadian approaches to the regulation of hate speech. Wisconsin Law Review, 1994(6), 1425.

    Moran analyzes the state of hate speech debate at the time the article was written (1994) which he characterizes as divided between the “official” narrative of hate speech and the “unofficial” narrative. The official narrative is examined first and is placed within the context of the American judicial approach to hate speech which views it in the context of subversive advocacy, or as a conflict between a dissident speaker and an overzealous state which seeks to suppress alternative opinions. State power to censor expression is seen as more dangerous than hate speech, with the ability of the individual speaker to express themselves freely held up against the potential totalitarianism which is imagined to result if they are inhibited (an image which is often invoked in American hate speech decisions). American courts are further shown to adhere to a principle of judicial detachment that serves to decontextualize and depersonalize hate acts.

    Conversely, the unofficial narrative of hate speech (as personified by the Canadian judicial approach) is shown to instead centre the experience of the target(s) of hate speech and the harm which they may face. Hate speech is regarded as a form of violence which serves to deny the humanity of its target(s), with the hate speaker cast as a “violent hate-monger” who helps to maintain systems of official discrimination. The state in this narrative is thus cast in “the role of protector rather than destroyer of individual freedom”. Moran points to the way in which the detached logic of the official narrative leaves no room for the viewpoint of victims and their communities due to its impersonal and narrow conception of hate speech as subversive advocacy and laments the way in which it fails to consider the role of law in influencing “the kinds of relations that shape our everyday lives”. Moran ends by calling on American courts to find guidance from Canadian approaches to hate speech regulation and offers several avenues for change which could be undertaken to broaden the conception of hate speech and how it can be effectively adjudicated.

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    Nakhaie, R. (2018). Muslims, socio-cultural integration, and pride in Canadian democracy. Canadian Ethnic Studies, 50(3), 1-26. doi: 10.1353/ces.2018.0020.

    Using the 2013 Canadian General Social Survey, Nakhaie gauges Muslim immigrants’ integration into Canadian society based on three aspects of integration: 1) Muslim immigrants’ level of integration compared to immigrants of other denominations; 2) how Muslims support democracy compared to other groups; and 3) whether a relationship exists between integration and support for democracy. Nakhaie finds that Muslim immigrants to Canada display a degree of integration equal to or greater than immigrants of other denominations and that they express a higher sense of pride in Canadian democracy than do those of other denominations, with integrated immigrants professing a greater sense of pride in Canadian democracy than do assimilated immigrants. Further, both integrated and assimilated immigrants express more pride in Canadian democracy than do marginalized or separatist-minded immigrants. Nakhaie places these findings within the context of increased Islamophobia in Canada and amid fears of “integration anxiety” (or a fear of Muslim immigrants being unable or unwilling to integrate into a predominantly Christian society), a fear which is baseless when viewed in light of the study’s results. 


    The first section of the article explores the concept of socio-cultural integration, placing it in comparison with the parallel concept of assimilation and describing how the two strategies can act to influence a newcomer’s sense of belonging and identity. An overview of recent literature on Muslim socio-cultural integration and the relationship between Muslims and democracy is next provided and shows that Muslim-Canadians display high levels of integration and support for democracy (despite experiencing significant levels of discrimination and prejudice). Nakhaie ends the article by detailing possible factors which contribute to the inaccurate view that the Islamic faith and its followers are incompatible with liberal democratic ideals, including ignorance of the political history of Islam, a reductionist view of Muslims which casts them as a monolithic group, and the problematic conception of Muslim newcomers as “represent(ing) the cultural values of their home society”.

    Newman, S. L. (2017). Finding the harm in hate speech: An argument against censorship. Canadian Journal of Political Science, 50(3), 679-697. doi: 10.1017/S0008423916001219.

    Newman questions the validity of hate speech prohibition by exploring the competing conceptions of hate speech harm proposed by J.S Mill’s view that a compelling harm must be proved prior to official censorship (the harm principle which can be found in the American First Amendment approach to hate speech) and Jeremy Waldron’s view of hate speech as a moral pollution which strips the dignity of its victims and undermines the “public good of inclusiveness” by altering the way in which the victim’s group is perceived. Newman disagrees with Waldron’s view, pointing to the way in which open bigotry has diminished in mainstream acceptance and doubting that the small amount of material emanating from the fringes of society will affect the obvious commitment to inclusiveness made by liberal democracies. He also highlights the power of hate speech to spur victimized communities into action and to provoke condemnation from the public. While Newman acknowledges that inclusiveness and tolerance must be nurtured and protected from degradation, he proposes that criminal law is not the best tool as it can “weaken the citizenry’s resolve to combat intolerance” at an individual level. Instead, he suggests that civic education and public political denouncement of hate speech (the bully pulpit) could be utilized to combat hate while avoiding infringement of the freedom of expression. Further, he believes that such approaches would allow for the majority to reject hate on a voluntary basis.

    Newman next considers the line between hate speech and speech which is offensive and points to the way in which hate speech laws allow public officials broad discretion to differentiate between the two, a process which also assumes a level of impersonality on officials’ behalf which may not exist in all circumstances. He notes that “the hard and fast distinction between hate speech and offensive speech on which hate propaganda laws depend is largely fanciful. Hate speech is simply a particularly egregious variety of offensive speech, and whether or when one slips over into the other is a purely subjective determination”. Thus, he contends that if public inclusiveness and the personal dignity of oppressed groups are to be maintained, hate laws would also have to include less extreme varieties of offensive speech – a proposal which would be considered draconian within a liberal democracy. Newman instead calls for a reliance on the power of counter speech, with Mill’s harm principle being invoked when hate speech can be credibly believed to lead to violence or discrimination.

    Newman, S.L. (2002). Liberty, community, and censorship: Hate speech and freedom of expression in Canada and the United States. American Review of Canadian Studies, 32(3), 369.

    In this article, Newman compares issues relating to hate speech and freedom of expression in Canada and the United States with particular focus on two parallel cases decided within two years of one another concerning this issue, that of R.A.V. v. St. Paul (1992), decided in the Supreme Court of the United States, and R. v. Keegstra (1990), decided in the Supreme Court of Canada. The article contends that the U.S. Supreme Court and the Supreme Court of Canada offered completely opposite answers to the question of the constitutionality of the suppression of hate speech in these two cases. In R.A.V. v. St. Paul, the U.S. Supreme Court disallowed a municipal ordinance making it a crime to display symbols, such as burning crosses or a Nazi swastika, that are known to arouse anger, alarm or resentment on the basis of race, colour, creed, religion, or gender. In R. v. Keegstra, the Supreme Court of Canada upheld the constitutionality of s. 319(2) of the Criminal Code, which criminalized the willful promotion of hatred against any section of the public distinguished by colour, race, religion or ethnic origin. In comparing these two cases, the author attempts to determine why the American and Canadian high courts disagree over the constitutional status of hate speech.

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    Pena Munoz, J.J. (2016). “There’s no racism in Canada, but…”. The Canadian experience and labor integration of the Mexican creative class in Toronto. Migraciones Internacionales, 8(3), 10-36.

    Using the experiences of Mexican creative skilled workers (the “creative class”) and their experiences of integration into Toronto’s labour market, Pena Munoz explores the “Canadian experience” or non-institutionalized practices of labour market access marginalization maintained and reproduced through the discourse of Canada as a post-racial society. He finds that alongside structural barriers such as foreign credential and job experience devaluation, the creative class also faces employment difficulties due to being unaware of soft skill demands (communication and social skills) which are unique to Canadian workplaces. Pena Munoz positions these barriers within what he calls “multicultural racism” or the holding up of multiculturalism as a public and policy value which works to invisibilize everyday racism and exclusion. Respondents were found to normalize and trivialize the discrimination which they faced due to a need to fit their experiences within the cognitive framework of Canada as a multicultural haven. The article ends with a call to alter Canada’s labour immigration policies to better connect workers with suitable employment possibilities, to support and protect workers and their rights, and to centre the needs of migrants when designing and operating labour immigration policies.

    Perry, B. (2005). A crime by any other name: The semantics of hate. Journal of Hate Studies, 4(1), 121-137. doi: 10.33972/jhs.35.

    Perry seeks to close a significant gap in previous hate crime scholarship by providing an analysis of the discourse around the term “hate crime” and by attempting to unearth the ways in which the term is depoliticalized and trivialized when simplistic emotive understandings are used to obscure the structural, power-embedded nature of hate crime. Perry points to the ways in which an understanding of hate crime that relies on individual pathology misses the rational motives which drive hate crime: the upholding of cultural hierarchies which are used to manage social differences; and the construction of identity and position for both perpetrators and victims. Hate crimes thus serve as “acts of power intended to constrain the options and activities of those whom our culture has marked as the Other”. To place the term “hate” within its proper context, Perry proposes that it must be located within the broader relations of power in a culture, a move which could be accomplished through the use of more specific language (racist violence, antisemitic violence, etc.) or other terms which elude to the systemic nature of hate-motivated violence (targeted violence, oppressive violence, etc.).

    Perry, B. (2015). “All of a sudden, there are Muslims”: Identities, visibilities, and Islamophobic violence in Canada. International Journal for Crime, Justice and Social Democracy, 4(3), 4-15.

    Perry utilizes her expertise in hate crimes to examine the increased visibility of Muslim-Canadian communities post 9/11 and the Islamophobic violence and harassment which has resulted. The transformation of Canadian Muslims from a largely ignored population prior to the Islamist-inspired terrorist attacks in New York on September 11, 2001 to a group that is viewed with hostility by non-Muslims is explored through interviews and focus groups conducted with Muslim participants in Ontario. Perry makes connections between visibility, vilification and violence by utilizing Brighenti’s work on visibility which finds it neither inherently empowering nor disempowering, but that it instead operates adaptively in tandem with prevailing social norms to mark differences and to construct social hierarchies. Post-9/11, Muslims became supra-visible and saw political and media representations which pushed stereotypes and cast Muslims as dangerous others. Thus, their visibility serves to mark their difference and to legitimate surveillance of Muslim individuals and communities, as well as to allow them to become attractive targets for hate-based violence and harassment. Despite this, visibility is shown to have the capacity for empowerment as a means of resistance and as an opportunity to counter disparaging narratives of Muslims.

    Perry, B. (2015). Disrupting the mantra of multiculturalism: Hate crime in Canada. American Behavioral Scientist, 59(13), 1637-1654. doi: 10.1177/0002764215588816.

    Perry examines Canada’s “myth of multiculturalism” and shows that that the perception of Canada as an open and inclusive society is undermined by the existence of hate and violence directed towards racialized, ethnic, religious, sexual, and gender minorities. The author utilizes her long-standing expertise in the field to define hate crime and explore the dynamic phenomenon of Canadian multiculturalism which she describes (drawing on Augie Fleras’s heuristic model) as constituting an ideology, a formal policy, a set of practices and a critical discourse which aims to manage differences in a plural society. Within this framework, Perry defines hate crimes as a form of human rights violation that prevents victims and their communities from maintaining dignity, liberty and safety and which destabilizes Canadian multiculturalism. This is exacerbated by the weak statutory protections available to combat hate crimes. Perry concludes the article by calling on Canadians to engage with multiculturalism as a critical discourse which can bring hate to the forefront so that it may be challenged.

    Perry, B. (2014). Gendered Islamophobia: Hate crime against Muslim women. Social Identities, 20(1), 74-89. doi: 10.1080/13504630.2013.864467.

    This article examines the intersection between cultural intolerance and misogyny faced by Muslim women and girls by analyzing hate crimes committed against them. Perry points to the increased violence faced by Muslims following the September 11, 2001 terrorist attack in New York and the initiation of the “war on terror” and connects it to the negative images and stereotypes of Muslims that subsequently proliferated. The racialized othering of Muslims and those that may be perceived as Muslim underpin hate crimes committed against them, allowing perpetrators to justify their violence as necessary to preserving a certain conception of western society. The complex intersecting identities which Muslim women possess (including race, ethnicity, gender, and religious position) and their visibility due to Islamic dress is highlighted by Perry as reasons why they are targeted for hate more often than non-Muslim women (women are less often targets of hate crimes overall) or Muslim men.

    The work of Bullock and Jafri is utilized to outline three ‘personas’ that Muslim women are though to adhere to in the popular western imagination, including the sexualized, exotic other of Orientalism, the veiled patriarchal victim in need of rescue, and, concurrently,  the veiled militant Islamist warrior. The impacts of gendered Islamophobia are examined, with Muslim women reporting that their sense of wellbeing suffers due to a perceived lack of movement or sense of safety, a lack of a sense of belonging, and a lack of sense of control over their lives, thus forcing them to prioritize their safety over their independence and identity expression. Perry ends the article by recommending increased attention be paid to gendered Islamophobia and Islamophobia more generally, the challenging of stereotypes of Muslims, and the undertaking of research which addresses the intersectional nature of anti-Muslim violence.

    Perry, B. (2011). Identity and hate crime on Canadian campuses. Race and Justice, 1(4), 321-340. doi: 10.1177/2153368711429304.

    Though post-secondary campuses are generally held as inclusive and tolerant of difference, Perry shows that they also have the potential to act as sites of conflict between groups. She points to the way that as campuses have become more diverse in population and curricula, backlash on behalf of dominant groups becomes an increased possibility, most distressingly in the form of hate crimes (Perry cites the American Uniform Crime Report statistic of 11 per cent of reported hate crimes occurring within schools). Hate crimes here are defined as a method of upholding social hierarchies on behalf of groups who hold hegemonic power and are shown to occur on American college campuses in patterns similar to the broader community (thus affecting approximately 25 per cent of minority students).

    A random sample survey of one college campus and one university campus in southeastern Ontario is utilized to shed light on campus hate crimes in Canada. The study finds that over 40 per cent of respondents had experienced some form of victimization including verbal assaults (12.5 per cent), being exposed to offensive online images (9.3 per cent), having objects thrown at them (8.6 per cent), being spat upon (8.5 per cent), being pushed/shoved (8.4 per cent), receiving verbal sexual harassment (5.2 per cent), being chased (5.2 per cent), receiving offensive phone calls/emails (4.8 per cent), and having property damaged (4.3 per cent). Covictimization (awareness of bias motivated activities directed towards other groups/individuals) was especially high, with 61.7 per cent of students reporting that they had heard offensive jokes and 40.4 per cent indicating that they had heard offensive comments or stories, thus contributing to a culture of fear for minority students. Perpetrators (where known) were overwhelmingly Euro-Canadian (87 per cent), with 26.7 per cent of victims indicating that their perceived gender was the motivation for their attack and 23.3 per cent of victims pointing to their perceived ethnic or cultural background as motivation. Non-Euro-Canadians were found to experience significantly more victimization than Euro-Canadians. Perry ends the article by highlighting the importance of creating an inclusive and welcoming climate on campus through the establishment of progressive policies and adequate social support services, as well as more expansive academic research into hate crimes on Canadian campuses.

    Perry, B. (2010). “No biggie”: The denial of oppression on campus. Education, Citizenship, and Social Justice, 5(3), 265-279.

    Using data drawn from a survey conducted within a college and a university in Ontario, Perry challenges previous assertions of a general lack of awareness of campus hate/bias incidents on behalf of students to suggest that they instead know that such incidents happen but do not believe that they belie an embedded culture of prejudice on their campus. Perry finds that hate-motivated incidents are experienced quite often by respondents, with verbal, online, and physical victimization targeting members of ethnic, religious, and sexual minority groups reported at rates of between approximately five per cent to 10 per cent, with bisexual, Jewish, and Muslim respondents experiencing particularly high levels of hate. Further, many respondents report awareness of hate-motivated incidents, with offensive jokes and stories being most commonly observed. Despite this, almost 75 per cent of respondents claim that the campus climate was “generally accepting” for minorities, with Euro-Canadian respondents often downplaying the seriousness of campus discrimination through the overlooking hate-motivated incidents, by considering such incidents as harmless fun, and by characterizing victims as “oversensitive”. Perry concludes by placing the undermining of campus hate/bias incidents on behalf of students within the need for dominant actors to maintain their privileged place on the social hierarchy through the normalization of prejudice.

    Perry, B. (2010). Policing hate crime in a multicultural country: Observations from Canada. International Journal of Law, Crime and Justice, 38, 120-140.

    In this article, Perry tackles the contradictions which exist in the role of law enforcement as both the historical enforcers of the institutional marginalization of minority communities and as those who are called upon to protect minority communities from hate-based violence. The article begins with an overview of law enforcement’s role in Canada’s history of bigotry and hate crime, in contradiction to a stated national commitment to multiculturalism. A detailed discussion of Canadian multiculturalism follows, with its ideology (as an idealized conceptual framework in which to manage differences), practice (as public policy), and limits (its ability to depoliticize diversity and disguise inequality) being examined in turn. Perry then turns to the effects of hate crime on targeted communities, notably its result of enforcing social boundaries through fear (as “message crimes”). Finally, the policing of hate crime is examined, with Perry positing that for Canadian multiculturalism to offer substantive promise, law enforcement agents must “create processes and practices intended to confront hate crime head on in their communities”. Several possibilities for forging relationships with affected communities in order to build trust in law enforcement are offered, including community policing built upon community partnerships, problem solving, and supportive organizational change, the hiring of law enforcement officers who are culturally sensitive and/or from affected communities, comprehensive cultural diversity programming, the tracking of uniform hate crime data, the creation of diversity portfolios and bias crime units, and multi-agency partnerships.

    Perry, B., & Alvi, S. (2011). “We are all vulnerable:” The in terrorem effects of hate crime. International Review of Victimology, 18(1), 57-72.

    Within the context of rising rates of hate crime in Canada, Perry and Alvi outline the in terrorem effects (intimidation inflicted upon a group through the victimization of select members) which result from hate crime. Insights are drawn from a survey and a focus group administered by the authors which asked members of vulnerable communities to remark on their experiences, perceptions, and emotions related to hate in Canada. Responses indicate that hate victimization results in fear of further incidents, a lack of trust in members of the perpetrators’ community, feelings of unwelcomeness and shame, and a belief that Canadian multiculturalism and tolerance are lacking in substance. All of the respondents felt that hate incidents created fear, suspicion, and vulnerability within targeted communities.

    In terrorem effects are grouped by the authors into five themes: 1) shock at the persistence of hate crime within multicultural Canada; 2) anger at both hate crime perpetrators and the culture of bias that enables them; 3) increased fear of vulnerability to hate crime victimization; 4) a sense of inferiority; and 5) a perception of hate victimization as normative and inevitable for members of vulnerable groups. Respondents further report that they react to these effects by altering their behaviour to avoid hate-based confrontations and by pushing back against hate through community organization and activism. Thus, the authors find that hate crime and its wider in terrorem effects do act to reaffirm social hierarchies and to discipline marginalized groups into them (as per Perry’s definition of hate crime), but may also act to stimulate resistance and mobilization among targeted communities.

    Perry, B., & Dyck, D. R. (2014). "I don't know where it is safe": Trans women's experiences of violence. Critical Criminology, 22(1), 49. doi: 10.1007/s10612-013-9225-0.

    Perry and Dyck examine the way in which trans women experience transphobic violence through insights gained from interviews and focus groups. Anti-LGBTQ+ hate crimes have seen consistent year-over-year increases and are predominantly violent in nature, with trans people accounting for a significant portion of those affected. The authors frame their analysis within Judith Butler’s understanding of identity as performative and relational and within Perry’s theory of hate crime as power relationship management, thus analyzing the experiences of the women interviewed within the context of interplay between gender, sex, and sexuality hierarchies. Trans women disrupt and challenge these hierarchies and face disproportionate violence for doing so. The lack of neutral identifying language available to trans people acts a means of invalidation, with pathologizing descriptors and slurs contributing to their dehumanization and often acting as a precursor to violence committed against them. The women interviewed speak of a life lived in fear of many spaces and institutions, leading to a sense of isolation and exclusion, a lack of trust, hyper-vigilance, and poor mental health (suicide rates are shown to be shockingly high for trans women). As a result, many trans women manage their identities by attempting to repress their gender identity or by attempting to remain under the radar by adopting a socially accepted feminine appearance. The authors conclude by calling for more positive trans visibility through education about trans identities and increased statutory protection for trans people.

    Perry, B., Hofmann, D., & Scrivens, R. (2018). “Confrontational but not violent”: An assessment of the potential for violence by the anti-authority community in Canada. Terrorism and Political Violence.

    Using data gathered from interviews (with law enforcement, movement adherents, etc.) and open sources (media reports, court documents, etc.), this article examines the anti-authority movement in Canada and analyzes its potential for violence. This broad and ideologically disparate movement is defined through its commonalities and differences, with five variants of anti-authority adherents identified: a) Detaxers; b) Freemen-on-the-Land; c) Sovereign Citizens; d) Moors; and e) Indigenous groups. The authors find that incidences of violence committed on behalf of the anti-authority movement in Canada are rare, with many adherents expressing a distaste for the extremist violence more often seen in the United States. Despite this, anti-authority violence is shown to have occurred in Canada and is divided into three classes: a) offensive/extremist violence; b) defensive/reactionary violence; and c) harassment and intimidation. Further, gun ownership, personal defence narratives, and militia movements are identified as potential sites for future anti-authority violence. The article ends by calling on Canadian law enforcement and government officials to gain a greater understanding of the movement and to develop strategies to de-escalate interactions and to counter adherents’ distrust of governing institutions.

    Perry, B., & Olsson, P. (2009). Cyberhate: The globalization of hate. Information and Communications Technology Law, 18(2), 185-199.

    Perry and Olsson examine the emergence of the internet as a means for the white supremacist hate movement to grow due to the creation of online communities which can transcend borders and foster the creation of a global collective identity. The article begins with an overview of the way in which virtual communities allow members to construct white supremacist values without contradiction and to facilitate intergroup organization that creates the potential for a ‘global racist subculture’. This is further enhanced by the ability of the internet to produce and easily disseminate racist propaganda presented as fact. Perry and Olsson then discuss possible responses to fight cyberhate communities, a difficult task in light of the speed of the internet in relation to the legal system and the jurisdictional challenges inherent in the global scope of the online sphere. Instead, the authors propose some non-legal possibilities which could be pursued in tandem with legal methods including content filtering, monitoring organizations, and hate speech hotlines.

    Perry, B., & Scrivens, R. (2018). A climate for hate? An exploration of the right-wing extremist landscape in Canada. Critical Criminology, 26(2), 169-187. doi: 10.1007/s10612-018-9394-y.

    Serving as a companion to the landmark 2015 study conducted by the authors that detailed the presence of right-wing extremism (RWE) in Canada, this article seeks to illustrate the exogenous factors that enable and support RWE and its attendant violence. Interviews with law enforcement/intelligence personnel, community activists, and hate group activists, as well as open source data (group websites, court transcripts, etc.) are utilized by Perry and Scrivens to determine which social, cultural and political patterns and conditions enable RWE in Canada, and to present the underlying ideologies of RWE that render it more than simply individual bias. The power to control the “boundaries of inclusion” for disparate social groups is presented as a motivating factor that exists within prevailing societal systems, with three core structural patterns identified: a) the historical normativity of racism in Canada, illustrated by the concentration of RWE in areas with a history of bigotry; b) political climates of intolerance, which saw an upsurge internationally and under various  governments in Canada; and c) weak law enforcement frameworks, which prevent adequate prevention of and responses to RWE and can act as a means of tacit approval. The authors conclude the article by advocating for strong community-supported law enforcement responses to RWE activity to display a lack of tolerance for hate and to create a barrier for further RWE, especially in light of the racist, misogynistic and xenophobic rhetoric underpinning the election of Donald Trump in the U.S. and its effect of promoting greater intolerance in Canada. Though right-wing messages of hate have been largely denounced by Canadian politicians and the public, Perry and Scrivens urge further development of a “climate of inclusion”.

    Perry, B., & Scrivens, R. (2016). Uneasy alliances: A look at the right-wing extremist movement in Canada. Studies in Conflict and Terrorism. 39(9), 819-841. doi: 10.1080/1057610X.2016.1139375.

    Building upon their landmark 2015 study of right-wing extremism (RWE) in Canada, Perry and Scrivens detail the endogenous factors that underpin hate group formation, which can also be utilized to weaken them. The article opens with a brief overview of Canadian RWE throughout the twentieth century, providing a glimpse at the roots of what is often considered a more recent phenomenon. Despite the presence of decades of RWE in Canada, the authors point to a dearth of academic scholarship on the subject and provide a summary of what existed at the time of writing. RWE is defined as “a loose movement, animated by a racially, ethnically, and sexually defined nationalism” which utilizes a terroristic form of social control to police and punish groups that it deems deviant (building on work from Donald Black). Using data drawn from hate group websites, court records from hate crime cases, a media scan, and interviews with activists and law enforcement/intelligence officials, the RWE movement in Canada is found to be widespread and particularly active in Quebec, western Ontario, Alberta, and the lower mainland of B.C., though weakly organized. Neo-Nazism/white supremacy stands as the most common category of RWE, though many extremists are found to have committed violent acts not related to their ideology. Unaffiliated “lone wolf” actors who create and disseminate right-wing rhetoric exist alongside hate group members, influencing their actions and ideology.

    The authors then detail endogenous factors that both strengthen and destabilize right-wing groups. Factors found to strengthen right-wing groups include the creation of a façade of legitimacy in the form of toned-down rhetoric and an attempt to integrate into state politics, the sharing of information online, the utilization of white power music as a recruitment tool, the luring in of like-minded friends and family, the forging of connections with compatible criminal organizations, and the use of alcohol and opportunity to commit violent acts. Factors found to destabilize right-wing groups include a lack of ideological cohesion among proponents of RWE (many of whom are young people seeking acceptance and identity), ideological infighting which leads many groups to be short-lived, the transience of movement actors, weak leadership, and the presence of “lone wolf” actors who are not affiliated with a particular group. Perry and Scrivens end the article by calling for the exploitation of RWE weaknesses by a diverse group of community actors (law enforcement, educators, social workers, etc.) in a bid to fragment the movement, particularly through the promotion of counternarratives targeted at extremists and their potential allies and a stronger law enforcement response.

    Perry, B., & Sutton, M. (2006). Seeing red over black and white: Popular and media representations of interracial relationships as precursors to racial violence. Canadian Journal of Criminology and Criminal Justice, 48(6), 887-904.

    Perry and Sutton examine the effect which popular media representations of interracial relationships exert on violence inflicted on those who are involved in interracial relationships. The authors place hostility towards interracial relationships as being “ultimately grounded in the essentialist understanding of racial difference” which marks such relationships and the sexualities which they involve as unnatural and threatening to prevailing racial hierarchies and boundaries. The historical fear of Black sexuality in the West is used to illustrate the origins of this hostility. A comprehensive analysis of the appearance and treatment of interracial relationships throughout several types of Western popular media (literature, television, film, and advertising) over the twentieth century is provided for context, with the authors finding that depictions of interracial relationships are largely absent and that those which do appear tend to end tragically. Perry and Sutton then connect negative media depictions of interracial relationships to real life ridicule, abuse and violence perpetuated against individuals involved in such relationships, positing that negative media images bestow a “permission to hate” that allows hate crime to occur through the stigmatization of interracial intimacy.

    Peter, T., Taylor, C., & Chamberland, L. (2015). 'A queer day in Canada: Examining Canadian high school students’ experiences with school-based homophobia in two large-scale studies. Journal of Homosexuality, 62(2), 186-206.

    Using data culled from over 5,000 Canadian youth, the authors seek to compare regional incidents of homophobic verbal and physical abuse, and to predict the likelihood of physical abuse committed against LGBQ students based on the prevalence of homophobic verbal and non-physical abuse. The authors find that a vast majority (70 per cent) of respondents report hearing homophobic comments, with 28 per cent reporting non-physical abuse (rumors, etc.) and 11 per cent reporting physical abuse. Further, the authors predict that 25 per cent of LGBQ students who experience non-physical abuse will also face physical abuse and that 32 per cent of LGBQ students who experience both non-physical abuse and homophobic discourse will be assaulted (rates much higher than those predicted for heterosexual students). The article begins with a literature review which details the abundance of research showing the high prevalence of homophobia in schools and the abuse faced by LGBQ youth compared to their heterosexual peers and ends with calls to consider regional differences when attempting to craft policies and programs to eliminate homophobia in schools (as regional differences were found across Canada) and to recognize the influence that homophobic discourse plays on physical abuse of both LGBQ students and those perceived to be LGBQ.

    Poulin, C., Gouliquer, L., & Moore, J. (2009). Discharged for homosexuality from the Canadian military: Health implications for lesbians. Feminism & Psychology, 19(4), 496-516. doi: 10.1177/0959353509342772.

    The authors track the psychological, physical, and social health effects experienced by 13 lesbians discharged from the Canadian military in the early 1990s due to their homosexuality. They find that the respondents endured persecution in the form of military surveillance and punitive ongoing risk evaluations which resulted in the need for respondents to engage in identity hiding and other cognitive and behavioural coping strategies to avoid having their sexuality exposed (which would have resulted in their discharge from the military). This in turn led to respondents experiencing a number of ill health effects as a result, including high stress, physical exhaustion, depression, substance abuse, and social isolation.

    The article begins with a description of the heterosexism and sexism which pervades military culture in order to provide context for an examination of the history of LGBTQ discrimination in the Canadian military. SIU investigations which were used by the Canadian military to try to root out LGBTQ service members under the guise of national and military security are described by study respondents as resulting in surveillance and harassment which included persecution (stalking and spying), interrogation, humiliation and coercion (to out fellow lesbians). Respondents report taking up self-preservation techniques such as presenting as heterosexual and undertaking emotional avoidance behaviours (including substance abuse). The final cost of facing such discrimination is found to be substantial, with respondents experiencing a loss of self-esteem and/or sense of self, depression and suicide attempts, a myriad of stress-induced physical health symptoms, and social withdrawal. The authors place the behaviour of the Canadian military and the effects experienced by their homosexual service members within the comparable contexts of torture and the effects on staking victims, respectively, and find many similarities. The article ends with a number of policy recommendations to combat institutional heterosexism and heteronormativity including recognition and compensation for homosexual service members who faced discrimination and ongoing training and education programs.

    Poynting, S., & Perry, B. (2007). Climates of hate: Media and state inspired victimisation of Muslims in Canada and Australia since 9/11. Current Issues in Criminal Justice 19(2), 151- 171.

    Poynting and Perry track the increased level of hate-based violence and negative media rhetoric directed towards Muslims (and those believed to be Muslim) following the 2001 9/11 terrorist attack through a comparison of Canada and Australia. The two countries are chosen for comparison due to sharing similar Muslim population demographics and a similar multicultural policy approach. Utilizing multiple data sources, Canadian Muslims are shown to report increased discrimination since 9/11 with Australian Muslims reporting similar increases. Media bias which serves to negatively stereotype Muslims and which lays the ideological groundwork to legitimize Islamophobic discrimination and hate violence is next examined. The authors find that both the Canadian media and the Australian media have engaged in perpetuating xenophobic stereotypes which position Muslims as the enemy within a “war on terror”. The culpability of the state in supporting and legitimating such hate through practices, policy and rhetoric (both explicit and implicit) is also implicated, as both Canada and Australia have instituted policies which have increased discriminatory surveillance and the policing of Muslim communities and individuals following 9/11. Overall, the authors find that while there are differences between the ways in which anti-Muslim bias and practices are constructed in each country, both have seen an increase in violence and abuse of their Muslims population following the events of 2001.

  • R

    Rehaag, S. (2009). 'Bisexuals need not apply: A comparative appraisal of refugee law and policy in Canada, the United States, and Australia. The International Journal of Human Rights, 13(2-3), 415-436.

    This article seeks to understand why bisexual refugee claimants in the United States, Canada and Australia are less successful than other sexual minority groups in being granted asylum. Rehaag points to the relative invisibility and lack of understanding of bisexuality in human rights practices and discourse, thus resulting in some refugee claims adjudicators holding harmful views of bisexuality which negatively influence the chances of success for bisexual claimants. The article begins with a brief overview of international sexual minority refugee law, within which Rehaag discusses the advantage of utilizing the more encompassing fundamental human dignity approach over the immutability approach when building sexual minority refugee claims. The article then looks at bisexual refugee claims in each country respectively, leading the author to note that the invisibility of bisexuality in the refugee claims process is drawn in part from the way in which it complicates the essentialist binary understanding of human sexuality (as either hetero- or homosexual) and the way in which bisexuality is poorly understood by adjudicators who may rely on stereotypes when faced with sexually fluid claimants. 

    Rousseau, C., Hassan, G., & Oulhote, Y. (2017;2018;). And if there were another way out? Questioning the prevalent radicalization models. Canadian Journal of Public Health, 108(5), e633-e635. doi: 10.17269/CJPH.108.6233.

    The authors examine and critique current conceptual models of violent radicalization which focus primarily on the detection and treatment of at-risk individuals (secondary prevention) while neglecting risk and protective factors for the general population (primary prevention). They instead propose that a more comprehensive public health model be undertaken which can provide a fuller picture of both individual and societal risk factors, can better envision the non-violent outcomes of radicalization, and can offer intervention opportunities across a wider variety of settings. Current conceptual models are found to offer similar explanations of the process of radicalization but no homogeneity regarding the profile of radicalized individuals, thus rendering prevention programs developed in line with individual detection models open to profiling and discrimination. Further, the authors emphasize that radicalization does not always evolve towards violence and that models based upon this assumed trajectory will limit options for prevention strategies and policies, especially as some cases of radicalization are the result of social struggles and could be better addressed through direction towards non-violent social strategies.

  • S

    Scrivens, R., & Perry, B. (2014). Bound by the Code: Legal constraints of policing gender-motivated violence in Canada. Journal of International Criminal Justice Research, 1.

    Drawn from interviews with nine Ontario police officers, this article offers insight into how law enforcement views gender-motivated hate crime. Scrivens and Perry describe the general resistance to classing gender-motivated violence as a hate crime, challenging that view by pointing to the conceptualization of hate crimes as a means of subordinating and controlling groups perceived as deviant to the hegemony of the perpetrator’s social group. Canadian hate crime laws tangentially include gender as a protected class, but it is not often included in the practical application of those laws. The authors offer the most common arguments against including gender-based violence in hate crime protections, including that the victim and perpetrator are often known to each other, that such violence is not aimed at women as a whole, and that other laws are available for violence against women. Arguments in favour of classing gender-based violence as a hate crime note that both types of crime are considered “motiveless crimes,” both face similar rhetoric, and both are intended to subordinate a vulnerable group. Police officers are shown to be reluctant to identify hate as a motivation in instances of gender-based violence due to the complex nature of domestic violence, the relatively rare nature of hate crime investigations, and prevailing heterosexist cultural norms. Drawn from interviews conducted by the authors, Ontario police officers were found to be overly reliant on the narrow Criminal Code definition of hate crime, to have difficulty establishing hate as a motive in gender-based violence, and to struggle to conceptualize gender as factor in a hate crime (as opposed to race, ethnicity or religion). Scrivens and Perry conclude by recommending a universalized and more comprehensive legal definition of what constitutes a hate crime so that gender-based hate violence will be easier to recognize and prosecute.

    Scrivens, R., & Perry, B. (2017). Resisting the right: Countering right-wing extremism in Canada. Canadian Journal of Criminology and Criminal Justice. 59(4), 534–558. doi: 10.3138/cjccj.2016.0029.

    As right-wing extremism (RWE) has been found by the authors to emerge on behalf of both individual and systemic conditions in their previous study, this article sees Scrivens and Perry theorize that attempts to respond to RWE must be correspondingly multifaceted. Drawing on their landmark 2015 study on RWE in Canada, five factors were identified in the development and endurance of hate groups: a) a heightened urgency of perceived grievances; b) the visibility of target groups; c) a high organizational capacity within the group; d) existing patterns of mainstream racism, xenophobia or ethnonationalism; and e) resistance to hate on behalf of actors such as law enforcement or human rights organizations. These factors are also offered as the means of countering RWE, which generally falls outside of current violent extremism (CVE) prevention efforts (as they mainly target Islamist extremism) and which are largely unaddressed in Canada.

    Utilizing guidelines developed by the Institute for Strategic Dialogue to counter RWE, seven key approaches are presented to be undertaken collaboratively and across sectors (law enforcement, education, social services, etc.): a) interventions to prevent RWE groups from recruiting members; b) the development of narratives and programs to counter hate speech through education and legal remedies; c) exploiting divisions in RWE groups as a means to fragment the movement; d) managing threats to the public order through increased law enforcement monitoring and response; e) supporting and empowering victims of right-wing violence by including them in CVE efforts and offering improved victim support services; f) raising awareness of RWE and the threat that it poses among the public and law enforcement through forming anti-hate organizations which can track and disseminate hate incidents and expose hate groups; and g) pushing public agencies and officials to take action against RWE and to denounce right-wing hate loudly and publicly. Scrivens and Perry conclude by calling for law enforcement, policy makers, and community organizations to join together in an effort to create safer, less hateful communities across Canada.

    Slane, A. (2006). Hate speech, public communication and emerging communications technologies. Canadian Issues, 118-121.

    Slane analyzes the current utility of section 13 of the Canadian Human Rights Act by tracing its development since its legislation. Originally designed to deal with the “dial-a-message” practice of the Western Guard Party, section 13 has proven to be remarkably adaptable to the evolving means of communication. Slane describes four principles entrenched in this section that have allowed it to be so malleable. First, section 13 requires the repetition of hate messages to the public, which includes one-to-one communication. The section also holds the originator of the message responsible, regardless of whether or not the recipient had to actively do something to access it. Third, the section implies that if there are publicly available means of finding a message it is considered public communication. The final principle states that although some messages may be posted on member only sites, if membership is open to the public, the messages are public under section 13. Slane suggests that these four principles will allow section 13 to be applied to blogs, hate spam, secure websites, podcasts, and peer-to-peer file sharing. Slane concludes that because of the versatility that section 13 has shown, it will be able to accommodate communication technologies in the future.

    Sorial, S. (2014). Free speech, hate speech, and the problem of (manufactured) authority. Canadian Journal of Law and Society, 29(1), 59-75. doi: 10.1017/cls.2013.43.

    Sorial examines the way in which hate speech law utilizes the concept of incitement to identify hate speech and critiques the way in which this approach places emphasis on how extreme speech is expressed instead of on its content, often targeting those who do not express themselves well (in an uneducated manner, through hyperbolic ranting, etc.) and protecting speakers whose words cause more harm but are able to embed their message within seemingly acceptable language and a veneer of authority. She states that this serves to undermine the ability of hate speech law to target hate group propaganda, as many have learned to alter their language and demeaner in order to appeal to a wider audience and to avoid prosecution. Sorial thus argues that incitement as a means of identifying hate speech is inadequate for recognizing more sophisticated forms of hate speech which are often misidentified as political speech or academic debate and that the authority of the speaker must be considered a relevant factor when deciding what constitutes extreme speech. 


    The first section of the article examines the concept of incitement and offers an overview of its use in various jurisdictions. The article next examines the Holocaust denial cases of R v Zundel and Jones v Toben and the tactics of extreme right-wing groups in Australia to illustrate a form of racist speech which Sorial terms “manufactured authority/legitimacy”, or the ability for hate proponents to use markers of authority and expertise to disseminate hate speech which appears to be a type of academic debate or reasoned political argument. The way in which the authority of a speaker influences the perceived legitimacy of their message and the ways in which Holocaust deniers manipulate markers of legitimacy are next explored, with Sorial ending the article by responding to objections which can be made regarding her argument, ultimately calling not for legal regulation for the speech outlined, but instead for the recognition of this speech as a form of sophisticated racism.

    Steinberg, A., Brooks, J., & Remtulla, T. (2003). Youth hate crimes: Identification, prevention, and intervention. The American Journal of Psychiatry, 160(5), 979.

    This article offers a review of current research related to youth hate crime. The authors’ objective is to provide a basis for developing an understanding of this social problem to assist in the advancement of prevention, early identification and intervention methods to be utilized by mental-health professionals. A review of the literature established that most hate crimes are committed by an individual male or a small group of males with no affiliations to organized hate groups. Limited information about the factors that cause hatred was found. Although a variety of strategies have been employed to prevent youth hate crime or intervene when it becomes apparent, evaluation of these methods has been minimal. The article notes there is a dearth of literature available to guide those in the mental health profession in the identification, evaluation and treatment of offenders. The authors conclude by recommending that databases of youth hate crime be developed, and that the success of preventative, educational and alternative sentencing programs be evaluated.

    Swiffen, A. (2018). New resistance to hate crime legislation and the concept of law. Law, Culture and the Humanities, 14(1), 121-139. doi: 10.1177/1743872114534017.

    Swiffen compares hate crime legislation in the United States and Canada and draws upon the work of Walter Benjamin to examine a recent resistance movement undertaken by advocates for vulnerable LGBTQ communities who do not wish to see gender identity, gender expression and sexual orientation included within hate crime protections due to the dangers posed by the criminal justice system to poor, racialized, and trans individuals. The article begins with a comparison of the differing judicial hate crime approaches used by Canada and the US and finds that although the two countries use different legal processes, both mandate harsher punishments for hate motivated crime. The evolution of mainstream legal debate regarding hate crime is next examined and finds that hate crime is generally conceived of as a social problem which is to be best addressed with criminalization. Swiffen next notes that the mainstream criticisms of hate crime legislation differ between Canada and the US, with the latter expressing increased reluctance to embrace the interpretive discretion required for effective hate crime adjudication. 


    The article then moves on to examining resistance to hate crime legislation on behalf of more vulnerable LGBTQ communities due to fears of increased danger should the criminal justice system be given expanded powers over an already overpoliced and disproportionately victimized population. The rate of negative interactions with police for LGBTQ people, especially those who are poor and/or racialized, is shown to be high and underlies the reasoning for this resistance to the criminalization of hate crime, as the identification of the violence which can be found within law is centred. Swiffen next locates this conception of law within Benjamin’s critique of legal violence which sees criminalization as “a form of violence that is essential to law, not for moral reasons, but because the law itself is alloyed violence” (violence used to preserve certain conditions). Benjamin’s conception of law is used to highlight the positivist approach used in mainstream hate crime discourse which naturalize criminalization as a response to hate and which does not identify structural patterns of violence found within law.
  • V

    Valverde, M., & Cirak, M. (2003). Governing bodies, creating gay spaces: Policing and security issues in 'gay' downtown Toronto. The British Journal of Criminology, 43(1), 102-121. doi: 10.1093/bjc/43.1.102.

    Valverde and Cirak look at the ways in which Toronto’s gay village utilizes both private and public security measures to assure community safety. Interviews with community activists, area business owners, and police officers, as well as an analysis of criminal justice data, gay and mainstream newspapers, and files from the Alcohol and Gaming Commission of Ontario are used for the study. The authors find that formal (public) and informal (private) policing coexist uneasily, with a growing trend towards self-policing in business and community events and an increase in the use of off-duty public police as privatized security. The authors place these security processes within two main kinds of spaces—commercial spaces (bars, clubs, etc.) and the street (public, city-controlled spaces)—and focus on the ways in which they are regulated, noting the antagonistic relationship that Toronto’s gay village has had with police due to a history of homophobic police raids. This in turn has led to complex forms of self-policing at the hands of community-based organizations, private businesses, and unorganized community members. 


    Valverde and Cirak next track the evolution of Pride Day security over the years to illustrate the growth of security privatization, pointing to the challenges bureaucratic processes pose to the procuring of public police officers as security, which has consequently necessitated the need for the use of private security firms. The authors attribute this privatization in part to the neoliberal commercialization of public services, as well as to a commercialization of Pride Day itself. They next examine the administrative and legal regulatory practices which demarcate spatial boundaries and which provide a subtle form of policing, using the examples of bars/beer gardens and local bathhouses to illustrate differing security mechanisms and to illustrate that each type of site in the gay village is “a complex network of overlapping regulatory systems, each of which has a certain policing or security dimension”. Public nudity is also used by the authors to flesh out the contours of the role of policing in various spaces. Lastly, the use of administrative law to police gay spaces is also identified as a favoured tactic as it allows the police to enforce moral codes without using the heavy hand of the Criminal Code.
  • W

    Wilkins-Laflamme, S. (2018). Islamophobia in Canada: Measuring the realities of negative attitudes toward Muslims and religious discrimination. Canadian Review of Sociology, 55(1), 86–110.

    Using data from the 2011 Canadian Election Study and the 2014 General Social Survey, Wilkins-Laflamme measures the prevalence of negative feelings towards Muslims among the general Canadian population, as well as the rate at which Muslim Canadians have reported experiencing Islamophobic discrimination. The article begins with figures of the proportion of the Muslim population in Canada, followed by a definition and overview of Islamophobia and the discrimination it inspires. Wilkins-Laflamme points to the rise of Islamophobia in Canada following the events of 9/11 and the political rhetoric and racial profiling which bolstered it as context for her results. She finds that in almost all regions of Canada, Muslims were reported to be liked less than Whites, Catholics, Aboriginal peoples, and racial minorities, particularly in Quebec and among those who are less educated, older, and who hold conservative views. Muslim Canadians themselves report experiencing the most discrimination in Atlantic Canada, if they were born in North America (as they tend to have more contact with non-Muslims), and if they live in racially, ethnically, or religiously violent neighbourhoods. The article ends with recommendations to increase supports for victims of Islamophobic discrimination and to direct educational efforts and open dialogue opportunities away from universities and towards populations who hold negative feelings for Muslims.

    Wong, L., & Guo, S. (2018). Canadian ethnic studies in the changing context of immigration: Looking back, looking forward. Canadian Ethnic Studies, 50(1), 1-9. doi: 10.1353/ces.2018.0000.

    Wong and Guo trace the history of immigration in Canada to question how “past immigration, settlement, and integration policy… (has) affected and shaped ethnic studies in Canada”. The authors first detail the way in which Canadian immigration policy has historically responded to the needs of nation-building since Confederation and point to the overtly racist and ethnocentric character of immigration policy following WWI which prohibited “undesirable” immigrants who were thought to be unable to integrate into Canadian society. This was followed by an opening up of immigration criteria after the end of WWII to accommodate the economic boom which followed, although immigration policy still retained much of its exclusionary character despite the removal of explicitly racist language and content. 

    Wong and Guo next look at recent immigration legislative and policy initiatives meant to encourage equality and prevent discrimination, including the Canadian Multiculturalism Policy (which later became the Canadian Multiculturalism Act), the Canadian Human Rights Act, and the Canadian Charter of Rights and Freedoms. The authors note that despite this legislative progress, racism and xenophobia are still prevalent in Canadian society at the systemic, institutional, and individual levels. Examples such as Quebec’s various attempts to repress expressions of Muslim faith, the anti-Asian discourse which surrounds Asian college students (as some feel that there are too many Asian students attending Canadian universities), and continuing anti-Black racism on behalf of the criminal justice system are offered to illustrate modern forms of discrimination. The article ends with a brief retrospective of Canadian ethnic studies.

    Wortley, S. (2003). Hidden intersections: Research on race, crime, and criminal justice in Canada. Canadian Ethnic Studies, 35(3), 99.

    This article has a broad focus on the overlapping issues of race, crime and the criminal justice system in Canada. In commenting on these issues, Wortley emphasizes the importance of understanding the intersections of identities; that is, the impact of race in conjunction with factors such as social class, gender, age, immigration status, religion, language, and sexual orientation. These intersections are discussed within the context of four main topic areas in criminology, including:

    • criminal offending
    • bias within the justice system
    • victimization
    • access to justice

    In reference to the main subject of hate crime, the topic area of most interest is victimization.In this section, Wortley asserts that Canada has paid little attention to hate crime as an important issue in criminal justice. Wortley is critical of such inattention, referring to police data which identify racial, female minorities as the most common victims of hate crime and other research that highlights the vulnerabilities of gay and lesbian racial minorities. Wortley also identifies several important questions such as: 

    • What proportion of racial minorities have been the victim of hate crimes?
    • Who are the offenders in hate crime cases?
    • Will enhanced sentencing legislation reduce the incidence of hate crimes in Canada?

    Wortley does not purport to have the answers to any of these questions, but rather poses them as questions that need to be placed on Canada’s research agenda. Additionally, he emphasizes the importance of understanding secondary victimization, particularly the feelings of fear and reduced security that may be aroused among the public from exposure to victimization. Concluding this paper, Wortley asserts that Canadian research, including race-crime statistics, must be available in order to understand the relationship between race, crime and the criminal justice system, and to develop corresponding policies.