This would propose to add the concepts of age, sex, or mental or physical disability to what had been proposed originally in Bill C-305. It makes no reference to the concept of gender identity, but for a particular reason. This amendment would make the hate-motivating criteria in Bill C-305 consistent with the current hate-motivating criteria in the present definition of “identifiable group” for the hate propaganda offences in the Criminal Code.
All of these criteria are found in the hate sentencing provision of the Criminal Code as well. It would ensure that the list of factors is updated to reflect the hate-motivating factors that occur in the definition of “identifiable group” for the Criminal Code.
As has been mentioned, in Bill C-16, which is currently before the Senate, we propose to add the concepts of “gender identity” and “gender expression” both to the definition of “identifiable group” and to the hate crime sentencing provision in the Criminal Code.
I believe mention has been made of a motion for a coordinating amendment to ensure consistency, so that at all times the list of hate-motivated criteria for this expanded hate crime mischief offence—if that is the choice of the committee—would be identical with the list of hate-motivated criteria for the definition of “identifiable group”.