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Hate-Motivated Violence

Methodology & Literature

16. See W. Gleberzon, Ethnicity and Violence: Racial Conflict in Vancouver (unpublished, undated, on file at the Human Rights Library, Fauteux Hall, University of Ottawa) pp. 7-8.

17. See K. Adachi, The Enemy That Never Was: A History of the Japanese Canadians (Toronto: McClelland and Stewart, 1991), pp. 199-306. For additional reading on racism in Canada, see, e.g., S. BarreK, Is God a Racist? The Right Wing in Canada (Toronto: University of Toronto Press, 1987); O. McKague, ed., Racism in Canada (Saskatoon: Fifth House Publishers, 1991); P. S. Li, ed., Race and Ethnic Relations in Canada (Toronto: Oxford University Press, 1991); B. Singh Bolaria and P.S. ] i, Racial Oppression in Canada, Enl. 2d ed. (Toronto: Gararnond Press, 1988).

18. W. Pitman, Now is Not Too Late (Submitted to the Council of Metropolitan Toronto by Task Force on Human Relations) (Toronto: 1977). Pp. 91-92 of Pitman's report, the scenario of a racial attack is set out. (This scenario was compiled from 31 incidents where racial motivation appeared to be a factor.) Specifically, on p. 91, the report states:

In the vast majority of incidents reported and investigated, the victim did not know his assailant and had done nothing that could be reasonably construed as a provocation. Most of the victims were of Indian sub- continent origin, nearly all were males. All of the assailants were males and few were above the age of 22. Alcohol had usually been consumed by the assailant immediately prior to the attack.... Assailants do appear to believe that their victims are more socially cohesive and "smarter with money" than they are. Assailants were always from low income families in our admittedly limited sampling, and virtually always had experienced the extended absence of the male parent while growing up.

19. D. Patel, Dealing with Interracial Conflict: Policy Alternatives (Montreal: InstiLuie for Research on Public Policy, 1980).

20. Ibid., p. 9.

21. Ibid., p. 11.

22. League for Human Rights of B'nai Brith Canada, 1992 Audit of Anti- Semitic Incidents (Downsview, Ont.: B'nai Brith Canada, 1993), p. 5.

23. Ibid., Table 1, p. 4.

24. Ibid, Table 3, p. 9.

25. Ibid., p. 8.

26. Economic Council of Canada, Economic and Soc al Impacts of Immigration (Ottawa: Minister of Supply and Services Canada, 1991).

27. Ibid. pp. 116-117. It should be pointed out that the report did recognize that it was possible that the results of its analysis of anti-Semitic incidents represented a reporting artifact_i.e., that it represented increased awareness of the interest of the B'nai Brith League for Human Rights in collecting such data, rather than a true increase in the level of anti-Semitism. The report noted that favouring this interpretation was the fact that when analysis was restricted to incidents involving some form of threat or violence (more serious incidents that were less likely to be subject to fluctuations in reporting levels) the results showed no evidence of a change over time. Nonetheless, the report, on p. 117, stated that the analysis of the data "is certainly a disquieting result that underlies the need for close monitoring of the situation".

28. League for Human Rights of B'nai Brith Canada, _Skinheads in Canada and Their Link to the Far Right_ (Downsview, Ont.: B'nai Brith Canada, 1990).

29. Ibid pp. 22

30. S. Lewis, Report to the Ontario Government on Race Relations (Toronto: 1992), pp. 2-3.

31. Law Reforrn Commission of Canada, Aboriginal Peoples and Criminal Justice [Report 35] (Ottawa: Law Reform Commission of Canada, 1991).

32. J. I. Ross, "Research Note: Contemporary Radical Right- Wing Violence in Canada: A Quantitative Analysis" (Autumn, 1992) 5 Terrorism and Political Violence 72, No. 3, pp. 82- 92.

33. Ibid, p. 93.

34. See Human Rights and Equal Opportunity Commission, Report of the National Inquiry into Racist Violence in Australia, Racist Violence (Canberra: Australian Government Publishing Service, 1991) [hereinafter Racist Violence]. That Commission announced its study into the problem in December, 1988, commissioned research papers on different aspects of racist violence in Australia, conducted public hearings into the issue, and issued its report in 1991. Among its findings, p. 387: "Racist violence is an endemic problem for Aboriginal and Torres Strait Islander people in all Australian States and Territories." and "Racist violence on the basis of ethnic identity in Australia is nowhere near the level that it is in many other countries. Nonetheless it exists at a level that causes concern and it could increase in intensity and extent unless addressed firmly now."

35. See, e.g., P. Gordon, Racial Yiolence and Harassment 2nd ed. (London: Runnymede Trust, 1990), p. 6, which states about Britain:

It is impossible to be precise about the extent of racial violence if only because it is now established that a substantial proportion of all incidents of attack and harassment are not reported by the victims. The 1981 Home Office Report estimated that in any one year, about 7,000 incidents would be reported to the police in England and Wales, although it added that this was almost certainly an underestimate. Since then, the Policy Studies Institute survey of 'black and white Britain' has shown just how much of an underestimate this was.

The PSI survey, carried out in 1982, asked respondents not just about incidents which they had reported to the police, but about incidents which they had not reported. It found that in 60 percent of all cases no report was made to the police. On this basis, it concluded, the actual frequency of racial incidents could be as much as ten times that estimated by the 1981 Home Office survey which had been based only on incidents recorded by the police.... (Colin Brown: Black and White Britain: the third PSI survey, Heinemann, 1985). of hate-motivated violence can be found in all other jurisdictions, including the United States, England, Australia, and other Western European countries. Many of these jurisdictions, unlike Canada, have taken steps, or have recommended taking steps, to obtain a more comprehensive national picture of the extent of hate-motivated violence in their countries. Consider, for example, the jurisdictions of the United States, England, Australia and France.

36. For example, in November, 1992, a woman and two girls of Turkish nationality in M”lln died after firebombs were thrown into their home, and in May, 1993, two young Turkish women and three girls died in Solingen after their house was set alight with petrol. S. Kinzer, "3 Turks Killed; Germans Blame a Neo-Nazi Plot", The New York Times, Tuesday, November 25, 1992, pp. Al, A7; E. Fuhr, "Girls' deaths in fire-bomb attack mark a new stage in far-right violence", reprinted in The [Hamburg] German Tribune, December 5, 1992, p. 5; A. Tomforde and D. Gow, "Turks riot after 5 die in house fire", Manchester Guardian Weekly, vol. 158, no. 25, week ending June 6, 1993, p. 7.

37. These data are summarized in a newsletter from the United States FBI, undated, sent to the author in January, 1993.

38. The report has been criticized for being incomplete because many local governments did not cooperate in sending data. See S. Labaton, "Poor Cooperation Deflates F.B.I. Report on Hate Crimes", The New York Times, Wednesday, January 6, 1993, p. A10. L. Duke, "With Gun and Flame, A Hate Crime Begins: FBI Probes Burning of Black Clerk in Florida", The Washington Post, Tuesday, January 7, 1993, p. A3, also briefly summarizes this data.

39. Fla. Stat. Ann. 877.19 (West 1993 P.P.).

40. E. H. Czajkoski, "Criminalizing Hate: An Empirical Assessment", (September, 1992) 56 Federal Probation, No. 3, p. 39.

41. These guiding principles are set out in Annex F of the Report of the Inter-Departmental Racial Attacks Group, The Response to Racial Attacks and Harassment: Guidance for the Statutory Agencies (London: Home Office, 1989). According to this report, at footnote 5, this definition was later adopted by the Association of Chief of Police Officers (Scotland) in 1987.

42. These statistics are cited by P. Gordon, "Racial Incidents in Britain 1988-90: A Survey", in (April 1992) The Runnymede Bulletin, No. 255 (London: Runnymede Trust), pp. 7- 9, according to figures released in Hansard, 3 June, 1991, 6 June, 1991 and 3 July, 1991.

43. See H. Mills, "Knock on the door brings growing fear of racial abuse and attack", The [London] Independent, Monday, November 9, 1992, HOME 3. The article points out that in one part of South London, three racially motivated killings occurred within the past 18 months. See also P. Gordon, "Racist Violence and Racist Terrorism" in (September 1992) The Runnymede Bulletin, No. 258, (London: Runnymede Trust) who states, on p. 1, that "[t]his year alone so far, six people have died as a result of what appears to have been racially-motivated violence."

44. Racist Violence, supra, footnote 19.

45. Ibid, pp. 157-158.

46. Ibid, pp. 313-315.

47. R. Oakley, Racial Violence and Harassment in Europe, a consultant's report to the Council of Europe, ref. MG-CR (91) 3 rev. 2 ([Strasbourg]: Council of Europe, [1993]), pp. 23-25.

48. Ibid, pp. 23-24.

49. Loi n 90-6 1 5 du 13 juillet 1990, Tendant a Fran tout acte raciste, ou xenophobe, JO 1 5 juill. 1990, p. 8333, Art. 2.

50. Rapport de la Commission nationale consultative des droits de l'homme, La Lutte Contre le Racisme et la Xenophobie 1991 (Paris: La Documentation francaise, 1992), pp. 17-26.

51. D. Goleman, "As Bias Crime Seems to Rise, Scientists Study Roots Of Racism", The New York Times, Tuesday, May 29, 1990, pp. Cl, C5.

52. J. R. Berg, "State Legislators Battle Bigotry: Is the Ethnic Intimidation Law a Constitutionally Infirm and Ineffectual Weapon?" (1991) 20 Capital Univ. L.. Rev. 971 pp. 990-992.

53. P. Gerstenfeld, "Smile When You Call Me That!: The Problems with Punishing Hate Motivated Behavior" (1992) 10 Behavioral Sciences and the Law, pp. 280-285. For similar arguments, see S. Gellman, "Sticks and Stones Can Put You in Jail, But Can Words Increase Your Sentence? Constitutional and Policy Dilemmas of Ethnic Intimidation Laws" (1991) 39 UCLA L. Rev. pp. 385-393.

54. Gellman, supra, footnote 38, pp. 383.

55. J. Morsch, "The Problem of Motive in Hate Crimes: The Argument Against Presumptions of Racial Motivation" (Fall 1991) 82 _J. Crim. L. & Criminology_, No. 3, p. 667.

56. Ibid., p. 668. In this regard, in Canada, the shooting death of Leo Lachance illustrates the difficulty of proving racial motivation. Lachance, an aboriginal, was shot to death by Carney Nerland in Prince Alber Saskatchewan on January 28, 1991. Nerland had a long history of association with white supremacist groups, including being appointed head of the Church of Jesus Christ Christian-Aryan Nations in 1989. At sentencing on Nerland's plea of guilty to a manslaughter charge, the trial judge concluded that Nerland's political beliefs were not connected to the shooting on the facts of the case and so was not able to increase sentence as would have been possible had racial motivation been proved. Public concern over the outcome of this case resulted in the formation of a commission of inquiry to look into the shooting death of Leo Lachance. It reported, a nong other things, that the police and prosecution should have paid more attention to the possibility that Nerland's racism could have explained his reckless behavior in shooting Lachance. For a full analysis of this case, see Report of Commission of Inquiry into the Shooting Death of Leo Lachance (Saskatchewan, 1993) (Chair: E.N. Hughes).

57. Ibid., pp. 671-672.

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