In the Criminal Code there are only two ways in which hate is taken into account. One is in hate speech or hate propaganda. The other is that hate is considered in sentencing once a crime has been proven.
You would require the Attorney General's authorization before you could prosecute someone for hate propaganda. If I remember correctly, there have been very few cases—I don't remember the stats—that have ever been prosecuted in Canada.
Professor Chaudhry has been mentioning many of the things that are happening within the community that will never be captured by the hate propaganda provision or captured by the hate crime provision either, if somebody called her home making stupid racist comments but did not actually act on it—unless, I guess you can say, there's a death threat. Then it becomes a crime, and the police can charge that person. If it doesn't amount to a death threat, there's no crime, and the police will not take action. It will never appear in the stats for hate crimes. That's the vast majority of the experiences of the people who are subject to Islamophobia.