The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: orgs/canadian/canada/justice/hate-motivated-violence/hmv-004-01

Archive/File: orgs/canadian/canada/justice/hate-motivated-violence/hmv-004-01
Last-Modified: 1997/01/21
Source: Department of Justice Canada


79. A. Montagu, Man's Most Dangerous Myth: The Fallacy of
Race, 4th ed. (Cleveland, Ohio: World Publishing Co., 1964),
p. 23. He adds, on p. 24, that the myth of race refers not
to the fact that physically distinguishable populations of
man exist, but the belief that physical and mental traits
are linked, and that the physical differences are associated
with differences in mental capacities.

80. Ibid, pp. 24-28. See, as well, A. Montagu, Statement on
Race: An Anrnotated Elaboration and Exposition  of the Four
Statements on Race Issued by the United Nations Educational,
3c, and Cultural Organization, 3d  ed. (New York: Oxford
University Press, 1972), pp. 7-13.

81. D. Goldberg, "The Semantics of Race" (October 1992), 15
Ethnic and Racial Studies, No. 4, pp. 546-553.

82. For example, in King-Ansell v. Police, [1979] 2 N.Z.L.R.
531 (C.A.), the New Zealand Court of Appeal held that the
Jews of New Zealand were an "ethnic group" so as to permit
prosecution of the leader of the National Socialist Party of
New Zealand for intentionally exciting ill-will against them
where the statute protected groups identifiable on the basis
of "colour, race, or ethnic or national origins". And in
England, the courts have held, in civil discrimination suits
under the Race Relations Act 1976, that Sikhs and "gipsies"
qualify as a protected "ethnic group" under a definition of
"racial group" that means a group of persons "defined by
reference to colour, race, nationality or ethnic or national
origins". See Mandla v. Dowell Lee, [1983] 1 All. E.R. 1062
(H.L.); Commission for Racial Equality v. Dutton, [1989] 1
All. E. R. 306 (C.A., Civil Division). In all these cases,
the courts refused to interpret the term "ethnic group" in a
manner pertaining to a narrow biological definition of

83. These crimes are (a) advocating or promoting genocide
(b) inciting hatred in a public place where such incitement
is likely to lead to a breach of the peace and (c) wilfully
promoting hatred, other than by private communication,
against an "identifiable group".

84. Anti-Defamation League of B'nai Brith, ADL Law Report,
Hate Crimes Statutes: A 1991 Status Report (New York: Anti-
Defamation League, 1992), p. 4.

85. According to Appendix B of the above report, ibid., pp.
22-23, 28 states as of 1991 included "race", "religion" and
"ethnicity" as factors in defining motivation for their bias
intimidation crimes; 13 states included "sexual orientation"
as a factor in defining motivation; ten states included
"gender" as a factor in defining motivation; eight states
included "mental or physical disability or handicap" as a
factor in defining motivation; two states included
 "age" as a factor in defining motivation; and three states
included "political affiliation" as a factor
in defining motivation.

86. See, e.g., 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., p. 333.

87. See, e.g., P. Finn, "Bias Crime: Difficult to-Define,
Difficult to Prosecute" (Summer, 1988) 3 Criminal Justice,
No. 2, p. 19.

88. See, e.g., P. Gerstenfeld, "Smile When you Call me
That!: The Problem With Punishing Hate Motivated Behaviour"
(1992) 10 Behavioral Sciences and the Law, p. 259.

89. See, e.g., G. L. Padgett, "Racially-Motivated Violence
and Intimidation: Inadequate State Enforcement and Federal
Civil Rights Remedies" (1984) 75 J. Crim. L. & Criminology,
No. 1, p. 103.

90. Law Reforrn Commission of Canada, Hate Propaganda
[Working Paper 60] (Ottawa: Law Reform Commission of Canada,
1986) pp. 31-33, rec. I at 40; Law Reform Commission of
Canada, Recodifying Criminal Law (Revised and Enlarged
Edition of Report 30) [Report 31] (Ottawa: Law Reform
Commission of Canada, 1987) s. 1(2) p. 11. As well, the
Commission, in its Hate Propaganda Working Paper, welcomed
public feedback on the issue of whether or not to expand the
definition to include the concept of "sexual orientation",
while acknowledging that there was justification to include
that concept on the basis that homosexuals had been victims
of violence in the past. However, in its final proposals on
the definition of the crimes of hate propaganda in Report
31, p. I 1, "sexual orientation" was not included as a
factor in defining the term "identifiable". Hate and Hate to
Violence" (Spring, 1991) 18 Human Rights, No. 1, p. 22.

Home ·  Site Map ·  What's New? ·  Search Nizkor

© The Nizkor Project, 1991-2012

This site is intended for educational purposes to teach about the Holocaust and to combat hatred. Any statements or excerpts found on this site are for educational purposes only.

As part of these educational purposes, Nizkor may include on this website materials, such as excerpts from the writings of racists and antisemites. Far from approving these writings, Nizkor condemns them and provides them so that its readers can learn the nature and extent of hate and antisemitic discourse. Nizkor urges the readers of these pages to condemn racist and hate speech in all of its forms and manifestations.