Why Reporting Hate Crimes Matters, Part 2: What Happens After You File a Hate Crime Report
- ALCCA Staff
- Aug 1
- 4 min read
Updated: Aug 3
Part 1 of this series explored why reporting hate crimes matters and the consequences of underreporting. In this second part, we explain what happens once a report is filed with the police.
While processes will differ slightly among police services in Canada, most follow a similar course of action for reporting non-emergency hate crimes. It is important to note that if the matter is an emergency, you should always call 911.
Many police services permit members of the public to report hate-motivated offences online. Others, like the Toronto Police Service only allow certain hate crimes to be reported online, such as graffiti. Other hate crimes must be reported by calling the non-emergency phone number.
Initial Police Response and Evidence Gathering
Once a report is made, a call for service is generated and initiated for a primary response officer to attend the residence of the caller. The responding officer will speak with the complainant and gather evidence, including a statement about the alleged offence. The statement may be taken on the officer’s body-worn camera.
Many police services now require officers to wear body-worn cameras at all times when in contact with the public. The officer will advise you in advance that your interaction with them is being recorded. The officer will then complete a report and notify the appropriate investigative units, including the Hate Crime Unit, if available.
The same process will be followed even if the preliminary investigation determines that no criminal offence occurred and the matter is classified as only a hate incident. It is important to provide the primary response officer with as much information as possible relevant to your complaint including photographs, screen shots of social media posts, emails and text messages. Complainants must understand that their complaint (though generally not personal information such as their address or contact information) may be disclosed to the defence, if a criminal charge proceeds.
Assessment by the Hate Crime Unit or Investigators
The Hate Crime Unit or the assigned investigator will decide whether to proceed with an investigation based, in whole or in part, on the information provided by the complainant. The investigation will include a thorough review of statements, and any supporting evidence such as photographs, CCTV footage, or social media content. Where the police service has a Hate Crime Unit, investigators will consider all of the evidence when deciding whether the case warrants further investigation by that Unit.
Whether the case meets the threshold for investigation by the Hate Crime Unit is highly contextual. For any criminal offence against a person or property to be considered hate motivated, the suspect’s actions or words must be motivated, in whole or in part, by bias, prejudice or hate based upon race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity or expression, or any other similar factor.
Some police services do not have a dedicated Hate Crime Unit. However, those services should still follow similar protocols in identifying and investigating alleged hate crimes. This means, among other things, that frontline police officers should receive basic training on hate-motivated crimes to ensure that they recognize the issue when it arises. It is also important that complainants “flag” any concerns about hate motivation when reported to police.
Many police services provide information on their websites to help the public better understand hate crimes and how the police service responds. For example, The Toronto Police Service provides educational videos, pamphlets, and additional information.
Next Steps if a Hate-Motivated Offence is Confirmed
Where the police service has a Hate Crime Unit and it is determined that an investigation does concern a hate-motivated offence, the case is assigned to a dedicated Hate Crime investigator. The investigator will contact the complainant and carry out any further investigative steps required to collect evidence. All available and relevant evidence will be gathered to support the investigation, assess whether a criminal offence occurred and if so which offence, and identify any potential suspect(s).
If a charge is laid, the lead investigator will advise the complainant of any arrest/charges as a result of their report. The complainant should be kept apprised of any developments throughout the investigative process.
Know Your Rights as a Victim or Complainant
It is important to note that victims/complainants have rights. The Canadian Victims Bill of Rights provides the following rights to victims of crime:
Right to information
Right to protection
Right to participation
Right to seek restitution
See the following information sheet published by the Government of Canada: Canadian Victims Bill of Rights. In addition, most provinces have enacted similar legislation. For example, in Ontario, the governing legislation is: Victims' Bill of Rights, 1995, S.O. 1995, c. 6, in Manitoba, Province of Manitoba, The Victims’ Bill of Rights, and in BC, Victims of Crime Act.
How the Canadian Criminal Law Working Group Can Help
The Canadian Criminal Law Working Group assists victims of hate-motivated offences and will assist complainants in reporting hate crimes and hate incidents to the police. We are experienced criminal lawyers who will advocate on behalf of victims of hate crimes. We can also explain what the rights afforded to complainants/victims mean in practice.
It is often not clear to community members whether activity rises to the level of criminality or only amounts to a non-criminal incident. The Canadian Criminal Law Working Group can also assist in clarifying this issue. As well, ALCCA has made available on its website a presentation by its Chair on this distinction, as well as on how to report an alleged hate-motivated crime.
If you are a victim of a hate-motivated crime or incident and would like our assistance, please contact: info@cclwg.ca
The Alliance of Canadians Combatting Antisemitism (ALCCA), which helped establish the Canadian Criminal Law Working Group, continues to play a leading role in its efforts. For additional educational resources, action alerts, and advocacy updates, subscribe to ALCCA’s weekly newsletter.