Mr. Speaker, the government takes the issue of hate crimes and hate propaganda very seriously and has been working actively to address this issue. There are a number of measures already in place at the federal and provincial levels to ensure that Canadians are protected from discrimination and crimes based on hate.
In 1995 the government enacted legislation in the form of Bill C-41 on sentencing reform which made it clear that hate motivation is an aggravating circumstance to be factored in at the time of sentencing. Paragraph 718.2(a)(i) of the criminal code provides that evidence that an offence was motivated by hate, bias or prejudice based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar ground shall be considered an aggravating factor in the sentencing of an offender.
In other words, if there is evidence that an assault, damage to property, threatening, harassment or any other criminal offence was motivated by hate, bias or prejudice, it is an aggravating factor for the purposes of sentencing and it should result in a more severe sanction. In addition, in 1996 the government brought forward legislation, Bill S-5, which resulted in amendments to the Canadian Human Rights Act and added sexual orientation as a prohibited grounds of discrimination.
My hon. colleague will also be happy to know that as part of our ongoing discussions at the federal-provincial—territorial level, the minister and her colleagues have been discussing Canada's hate crime laws and recommendations to improve them. Given the nature of the criminal law in this country with federal responsibility for the enactment of the law and provincial responsibility for the administration of the criminal justice system, there is a collaborative process in the development and implementation of criminal law.
Federal-provincial-territorial ministers responsible for justice have approved for consideration, subject to an in-depth charter review, a number of recommendations which would further ensure that hate crimes are dealt with firmly. Many have suggested an expansion of the criminal code definition of identifiable group used for purposes of the hate propaganda offence provisions to include sexual orientation.
It is important to remember, however, that changes to the criminal code are only a part of a much broader strategy which must be taken to combat hate motivated activities in this country. This approach recognizes the importance of public awareness and education on the values of tolerance and respect which are fundamental to Canadian human rights and Canadian citizenship.