Victims' ombudsperson wants 'femicide' made a stand-alone Criminal Code offence

The federal government should consider adding femicide — murder inspired by misogyny — to the Criminal Code and implementing legal measures to combat residential school denialism, says the federal ombudsperson for victims of crime.

Those recommendations and others are featured in a new report from the ombudsperson's office — Strengthening Access to Justice for Victims of Hate Crime in Canada — which was published Tuesday.

"Canada has to protect its people from violence that targets who we are. This report is a call to action," Ombudsperson Benjamin Roebuck said Tuesday.

"Everyone in Canada deserves to be safe and have access to justice no matter who they love, how they look, where they come from, the language they speak or the faith they follow."

The report offers 13 recommendations on how to better address hate crimes and support their victims.

The report defines femicide as "the intentional act of murder against a woman or girl because of their gender." It says it should be made a stand-alone offence in the Criminal Code or be treated as an aggravating factor when sentencing. 

The report also recommends the federal government consider "legal mechanisms" to address residential school denialism but doesn't say what those mechanisms should be.

In September, NDP MP Leah Gazan tabled a private member's bill, C-413, which would make denying, condoning or downplaying the harms of the residential school system an indictable offence punishable by up to two years in prison. 

Roebuck said his office does not comment on legislation or proposed penalties.

"Residential schools have profoundly affected Indigenous peoples and it's unconscionable to think that harm would be denied," he said.

The report also recommends including the definition of a "hate crime" in the Criminal Code and adding hate crime to the Code as a stand-alone offence that doesn't require an attorney general's consent for prosecution.

"We need a clear definition of hate in the Criminal Code to protect survivors and protect our freedom of speech," Roebuck said.

Some types of hate-related crimes, including the wilful promotion of hatred and the wilful promotion of antisemitism, require the attorney general's consent to proceed.

"Without a standalone offence, hate crimes are often charged as other offences (mischief, assault) and hate motivation is used as an aggravating factor at sentencing," the report said. "Mixing hate crimes and other crimes hides the prevalence and patterns of hate crimes."

The other recommendations in the report include:

• Ensuring victims' rights are central to combating hate in Canada.
• Holding social media companies accountable when their algorithms amplify harmful content and/or hate speech.
• Developing national standards for preventing and investigating hate crimes.
• Strengthening complaint mechanisms to eliminate the barriers victims experience when dealing with the criminal justice system.
• Implementing the Truth and Reconciliation Commission's Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls' Calls for Justice.
• Continuing to improve access and funding for the Canada Community Security Program (CCSP), which provides security funding to communities at risk of experiencing hate crimes. 
• Reviewing the pillars of Canada's Action Plan on Combating Hate annually to measure results.