Archive/File: orgs/canadian/canada/justice/disproportionate-harm/dh-007-04
Last-Modified: 1997/01/17
Source: Department of Justice Canada

Appendix C
Canadian _Hate Crimes Statistics Act_ (Proposed)

                         BILL C-445

An Act to provide for the collection of statistics
respecting incidents investigated by police forces where
those incidents manifest evidence of bias against certain
identifiable groups.

Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:

                         SHORT TITLE

1. This Act may be cited as the Bias Incidents Statistics
Act.

                       INTERPRETATION

2. In this Act,

"Force" means the Royal Canadian Mounted Police;

"identifiable group" means any section of the public
distinguished by colour, race, religion, sexual orientation
or ethnic origin and includes any person belonging to that
group;

"Minister" means the Solicitor General of Canada.

  CLASSIFICATION OF INCIDENTS AND COLLECTION OF STATISTICS

3. (1) The Commissioner of the Royal Canadian Mounted Police
shall establish a unit within the Force that shall, for each
year following the coming into force of this Act,

(a) classify as a bias incident, any incident investigated
in that year by the Force that the unit is satisfied, after
applying the criteria referred to in subsection (2), was
wholly or partly motivated by bias against an identifiable
group; and

(b) collect and compile statistics that indicate the number
of incidents classified in that year as bias incidents and
that identify which identifiable group was the target of
bias in each such incident.

(2) The Minister shall establish and publish criteria for
the purposes of paragraph (l)(a).

(3) Subject to subsection (4), the Commissioner of the Force
shall submit the statistics collected and compiled pursuant
to subsection (1) to the Minister on or before February 1 in
the year next following the year to which the statistics
relate.

(4) No statistics submitted to the Minister pursuant to
subsection (3) shall reveal the identity of any individual
involved, either directly or indirectly, in an incident
classified as a bias incident pursuant to this Act.

          AGREEMENT WITH A PROVINCE OR MUNICIPALITY

4. (1) Subject to this section, the Minister may enter into
an agreement with the government of a province or a
municipality to acquire, for each year covered by the
agreement, statistics that indicate the number of incidents
investigated by a police force in that year that are
classified as bias incidents by that force and that identify
which identifiable group was the target of bias in each such
incident.

(2) The Minister shall not enter into an agreement referred
to in subsection (1) unless

the Minister is satisfied that any classification referred
to in that subsection will be made after the application of
criteria similar to those established by the Minister under
section 3.

(3) The Minister shall not acquire any statistics pursuant
to all agreement made under subsection (1) that reveal the
identity of any individual involved, either directly or
indirectly, in an incident that is classified as a bias
incident by a police force.

(4) In this section,

"bias incident" means an incident that a police force is
satisfied, after applying criteria similar to those
established by the Minister under section 3, was wholly or
partly motivated by bias against an identifiable group;

"police force" means any police force under the jurisdiction
of the government of a province or a municipality and
includes the Force where the Force is used or employed by
either of those governments pursuant to an arrangement made
with the Minister under section 20 of the Royal Canadian
Mounted Police Act.

               REPORT TO THE HOUSE OF COMMONS
                              
5. The Minister shall annually cause a copy of the
statistics submitted pursuant to section 3 or acquired
pursuant to an agreement made under section 4 to be laid
before the House of Commons on or before March 1 in the year
next following the year to which the statistics relate or,
if that House is not then sitting, on the first day next
thereafter that the House of Commons is sitting.

                      COMING INTO FORCE

6. This Act shall come into force on a day to be fixed by
order of the Governor in Council.

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