wonder if this qualifies under our "hate crime" legislation?"Hate crimes" are addressed by the section of the Criminal Code dealing with aggravating factors to be considered in sentencing:
http://www.canlii.org/ca/sta/c-46/sec718.2.html718.2 A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor, ...
It doesn't specify "the sexual orientation of the victim"!
It's a bit tenuous, though. Applying that provision would mean finding that the assault was motivated by bias etc. against GBLT people, when it was arguably motivated by a difference of political opinion (and of course a desire to do harm to people with whose opinions one differs), even though the opinion in question was
about the rights of GBLT people.
And I'm not sure that "bias against people who defend other people's Charter rights" would qualify as bias based on a "similar factor". ;)
As an aside, the House of Commons recently voted to amend the "hate propaganda" section of the Criminal Code (on a private member's bill introduced by Svend Robinson) to add "sexual orientation":
http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/private/C-250/C-250_3/C-250_cover-E.html318. (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2) In this section, "genocide" means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.
(4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.
(passed by the House September 17, 2003; hasn't received assent yet, may have to make it through the Senate still?)