Since July 18, 2026, an assault, a threat, mischief or any other federal offence that is motivated by hatred can be charged as a separate hate crime, with a higher maximum sentence than the offence on its own. This change comes from Bill C-9, the Combatting Hate Act , which received royal assent on June 18, 2026 and came into force 30 days later. The same Act created new offences for intimidating people or blocking their access to places of worship and certain community buildings, and for publicly displaying certain hate symbols to promote hatred.
Before Bill C-9, hate motivation was mainly dealt with at sentencing: section 718.2(a)(i) treats evidence that an offence was motivated by bias, prejudice or hate as an aggravating factor, and it still does. New section 320.1001 goes further. It makes it a separate offence to commit any offence under the Criminal Code or another federal law if the offence is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression.
This means the motive is no longer only a factor the judge weighs after a conviction. The Crown can lay a hate crime charge and must prove the motive as part of that offence.
The maximum for the hate crime offence depends on the maximum for the underlying offence (section 320.1001(5)). On indictment:
| Underlying offence | Maximum on its own | Maximum as a hate crime |
| Threat to damage property (section 264.1(1)(b)) | 2 years | 5 years |
| Assault (section 266) | 5 years | 10 years |
| Uttering a threat to cause death or bodily harm (section 264.1(1)(a)) | 5 years | 10 years |
| Assault with a weapon or causing bodily harm (section 267) | 10 years | 14 years |
| Any offence with a maximum of 14 years or more | 14 years or more | Life |
The Crown can also proceed by summary conviction. If the underlying offence can only be prosecuted summarily, the hate crime charge cannot proceed by indictment (section 320.1001(4)).
Hatred has a specific legal meaning: "an emotion of an intense and extreme nature that is clearly associated with vilification and detestation" (section 319(7), applied by section 320.1001(2)). An offence is not motivated by hatred solely because it discredits, humiliates, hurts or offends (section 320.1001(3)).
If the hate motivation is not proved but the underlying offence is, the accused can be found guilty of the underlying offence (section 662(7)). The orders and procedures that apply to the underlying offence also apply to the hate crime offence (section 320.1001(6)). Unlike the hate symbol and wilful promotion of hatred offences, a section 320.1001 charge does not need the Attorney General's consent.
New section 423.3 of the Criminal Code creates two offences.
The protected places are places of worship, cemeteries, and buildings primarily used by an identifiable group for administrative, social, cultural or sports activities, as an educational institution (including a daycare centre), or as a residence for seniors. An "identifiable group" is defined in section 318(4) as any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. So the offence does not reach every school or community centre.
Both offences are hybrid. If the Crown proceeds by indictment, the maximum sentence is 10 years.
Section 423.3(4) sets out an exception: no one is guilty of obstruction or interference only because they attend at or near, or approach, one of these places for the purpose only of obtaining or communicating information. Whether conduct at a demonstration crosses into intimidation or obstruction depends on what the person did and what they intended.
A charge under section 423.3(1) also affects bail. The Act added it to the offences for which a release order must include a weapons prohibition unless the justice decides it is not needed, and for which the justice must consider a no-contact or stay-away condition ( section 515(4.1) and (4.3) ).
New section 319(2.2) makes it an offence to wilfully promote hatred against an identifiable group by displaying, in a public place, a symbol principally used by or associated with a listed terrorist entity, the Nazi Hakenkreuz (swastika), the Nazi double Sig-Rune (SS bolts), a noose, or a symbol so similar that it is likely to be taken for one of them. The maximum sentence is two years on indictment. There are defences for a legitimate purpose that is not contrary to the public interest, including journalism, education or art, and for good-faith displays meant to point out hateful material so it can be removed. A prosecution requires the consent of the Attorney General.
The Act also repealed the defence in section 319 for good-faith opinions on religious subjects or texts, in relation to the wilful promotion of hatred and antisemitism offences.
A hate crime charge is built on an underlying offence, such as an assault, a threat or damage to property, with the hate motive added on top. The Crown has to prove both parts.
For the underlying charges, see our pages on assault charges , uttering threats and mischief . Mischief to a place of worship or a building used by an identifiable group, where motivated by bias, prejudice or hate, was already an offence under section 430(4.1). Our article on verbal assault in Canada explains how insults, threats and harassment differ. If police contact you, speak to Toronto criminal lawyers before you give a statement.
New offences can raise questions about how courts will apply them. Mass Tsang LLP has practised criminal, quasi-criminal and traffic defence exclusively since 2013. We can explain what the Crown would have to prove and how to protect your position from the start. Contact us for a free, confidential consultation.
Bill C-9 received royal assent on June 18, 2026. Under section 12 of the Act, it came into force on the 30th day after royal assent, July 18, 2026.
Not in itself. Section 423.3 targets intimidation intended to impede access and intentional obstruction of lawful access. Attending at or near the building only to obtain or communicate information is expressly not obstruction. Whether specific conduct is an offence depends on the facts.
No. It covers buildings primarily used by an identifiable group, such as a religious, cultural or ethnic community, for social, cultural, sports or administrative activities, as an educational institution or daycare, or as a seniors' residence. Places of worship and cemeteries are covered directly.
It depends on the underlying offence. On indictment, the maximum is five, 10 or 14 years, or life, depending on the maximum for the offence that was committed. The Crown can also proceed by summary conviction, and must do so if the underlying offence can only be prosecuted summarily.
Displaying a Nazi swastika, SS bolts, a noose or a listed terrorist entity's symbol in a public place is an offence when it is done to wilfully promote hatred against an identifiable group. Legitimate journalism, education or art, and good-faith efforts to point out hateful material for removal, are defences.
The new hate symbol offence and the existing wilful promotion of hatred offences require the consent of the Attorney General to prosecute. The Act does not add that requirement to the new stand-alone hate crime offence in section 320.1001.
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Legally Reviewed by
Jeff Mass
| Updated: November 11, 2026
