Can I just point out a couple of things, Mr. MacGregor? Then I want to ask Mr. Cooper a question, or whoever on the Conservative side.
Number one, in addition to what Mr. Fraser mentioned about aggravating factors, it could still be a hate crime if the police were able to set it out. The only difference between this section and other sections on hate crimes is that the maximum sentence is 18 months instead of six months on a summary conviction. Truthfully, this section is not the arbiter of hate crimes.
My question for Mr. Cooper is a little different.
In the event that the wording, “identifiable group”, is adopted, none of the other amendments can be adopted, so I want to make it clear to everyone what I see as the difference between this list of identifiable groups versus those in subsection 318(4), which is referred to in the other amendments.
Here, what is missing is “sex”, “age”, “mental or physical disability”, which is found in other amendments and in other sections of the Criminal Code. Now, “gender identity” is here, but not “gender expression”. “Gender identity” would not come into effect in other sections of the Criminal Code until Bill C-16 is adopted.
I'm just pointing out that I see some inconsistencies that you may want to consider, if indeed the committee wants to proceed to adopt this.