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Shofar FTP Archive File: orgs/canadian/canada/justice/hate-motivated-violence/hmv-002-03


Archive/File: orgs/canadian/canada/justice/hate-motivated-violence/hmv-002-03
Last-Modified: 1997/01/19
Source: Department of Justice Canada

Footnotes
-------------

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Conflict in Vancouver (unpublished, undated, on file at the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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