This study examines the way courts have applied hate as an aggravating factor at sentencing (subparagraph 718.2(a)(i) of the Criminal Code). The main purpose of this research was to identify the most common characteristics of offenders and victims of hate crimes, to identify the most frequent grounds of victimization, the reasoning behind the courts’ application of subparagraph 718.2(a)(i) of the Criminal Code, and to find trends in the way sentencing judges determine the quantum of sentences after they apply subparagraph 718.2(a)(i) of the Criminal Code.
To meet these objectives, research was conducted primarily through a review of case law databases to examine sentencing decisions published from 2007 to 2020 that considered subparagraph 718.2(a)(i) of the Criminal Code. This research also examined police-reported hate crime statistics between 2010 and 2018 and self-reported hate crime statistics from the 2014 General Social Survey to establish comparisons with published case law dealing with hate as an aggravating factor at sentencing.