Hate crimeVerified against official source

s. 318(1) — Advocating genocide (indictable only)

Imprisonment

0 (no mandatory prison) – 5 years

Fine

No fine stated in s. 318

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Attorney General consent required (s. 318(3)). 'Identifiable group' defined in s. 318(4): colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

s. 319(1) — Public incitement of hatred (hybrid)

Imprisonment

Indictable: 0–2 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

Requires communicating statements in a public place inciting hatred against an identifiable group where such incitement is likely to lead to a breach of the peace. Forfeiture under s. 319(4) may apply on conviction.

s. 319(2) — Wilful promotion of hatred (hybrid)

Imprisonment

Indictable: 0–2 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

Except in private conversation. Defences in s. 319(3) (truth; public-interest/reasonable belief; good-faith pointing out for removal). Attorney General consent required (s. 319(6.1)). The s. 319(3)(b) religious-opinion defence was repealed by S.C. 2026, c. 15.

s. 319(2.1) — Wilful promotion of antisemitism by condoning, denying or downplaying the Holocaust (hybrid)

Imprisonment

Indictable: 0–2 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

Except in private conversation. Defences in s. 319(3.1). Attorney General consent required (s. 319(6.1)). Added 2022, c. 10, s. 332.

s. 319(2.2)–(2.3) — Wilful promotion of hatred by displaying hate/terrorism symbols in a public place (hybrid)

Imprisonment

Indictable: 0–2 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

Symbols: a symbol principally used by or associated with a listed entity; the Nazi Hakenkreuz; the Nazi double Sig-Rune (SS bolts); a noose; or a near-resembling symbol. Defences in s. 319(3.2) (legitimate purpose including journalism, education or art; good-faith pointing out for removal). Attorney General consent required (s. 319(6.1)). Added by the Combatting Hate Act, S.C. 2026, c. 15, in force 18 July 2026.

s. 320.1001(1)(a) + (5)(a) — Offence motivated by hatred, indictable: included offence maximum 2 years or more but less than 5 years

Imprisonment

0 (no mandatory prison) – 5 years

Fine

No fine stated in s. 320.1001

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Penalty is set by subsection (5) by reference to the included offence's maximum. 'Hatred' has the meaning in s. 319(7); conduct that merely discredits, humiliates, hurts or offends is not enough (s. 320.1001(3)).

s. 320.1001(1)(a) + (5)(b) — Offence motivated by hatred, indictable: included offence maximum 5 years or more but less than 10 years

Imprisonment

0 (no mandatory prison) – 10 years

Fine

No fine stated in s. 320.1001

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Example (Justice Canada): uttering threats (included maximum 5 years) → up to 10 years under this bracket.

s. 320.1001(1)(a) + (5)(c) — Offence motivated by hatred, indictable: included offence maximum 10 years or more but less than 14 years

Imprisonment

0 (no mandatory prison) – 14 years

Fine

No fine stated in s. 320.1001

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

s. 320.1001(1)(a) + (5)(d) — Offence motivated by hatred, indictable: included offence maximum 14 years or more and up to life

Imprisonment

Up to life (imprisonment for life)

Fine

No fine stated in s. 320.1001

s. 320.1001(1)(b) — Offence motivated by hatred, summary conviction

Imprisonment

0 (no mandatory prison) – 2 years less a day (s. 787 default; no separate term in s. 320.1001)

Fine

$0–$5,000 (s. 787 default; no separate fine in s. 320.1001)

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

No proceedings under s. 320.1001 by indictment if the included offence may be prosecuted only by summary conviction (s. 320.1001(4)). Subsection 320.1001(6) (applicable-provisions clause) provides that provisions applicable to the included offence otherwise apply — re-check at launch whether that affects the summary maximum. Subsection (5) states no bracket for an included offence whose maximum is under 2 years — no figure inferred.

s. 430(4.1) — Hate-motivated mischief re religious, educational, community or seniors'-residence property (hybrid)

Imprisonment

Indictable: 0–10 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

Property defined in s. 430(4.101)(a)–(d). The mischief must be motivated by bias, prejudice or hate on the listed grounds. Current consolidated text states no separate summary maximum — the s. 787 default applies; older reproductions showing 18 months for the summary branch reflect the pre-2019 (Bill C-75) text and must not be used.

s. 423.3(1)–(3) — Intimidation / obstruction of access to religious-worship, identifiable-group or cemetery property (hybrid)

Imprisonment

Indictable: 0–10 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

(1) intimidation to impede access; (2) obstruction or interference with lawful access; (4) exception for attending solely to obtain or communicate information. Enacted by the Combatting Hate Act, S.C. 2026, c. 15, in force 18 July 2026.

ENHANCEMENT — s. 718.2(a)(i) — Bias, prejudice or hate motivation as sentencing aggravator

Imprisonment

No separate range — court increases sentence within the underlying offence's range

Fine

No separate range — aggravator only

ENHANCEMENT, NOT A STANDALONE OFFENCE: applies to ANY offence where evidence shows it 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, gender identity or expression, or any other similar factor. It does not create a new maximum. Must not be rendered as a standalone penalty card.