Canada has taken a long overdue step in strengthening our ability to confront hate. The federal government’s new legislation not only creates a stand-alone hate crime offence, it also does something our courts have wrestled with for decades, it codifies a definition of “hatred” in the Criminal Code. That clarity matters, but let us be clear from the start, not all is perfect in this law.

Until now, judges and Crown Attorneys relied on Supreme Court decisions going back to Keegstra in 1990 and Whatcott in 2013 to determine what “hatred” meant in law. Those cases established that hatred was not about mere insults or offensive speech, but about “detestation” and “vilification,” the kind of speech that isolates a community, marks them as less than fully human, and places them in real danger. The new legislation takes those definitions out of the legal textbooks and places them clearly in the Criminal Code. That matters for police officers deciding whether to lay charges, for Crowns weighing evidence, and for communities who have too often felt that the law was uncertain, inconsistent, or too slow.

For Jewish Canadians, Indigenous peoples, Muslim communities, Black Canadians, LGBTQ people, and many others who have borne the brunt of hate crimes, the signal is welcome, Canada is saying hate is........

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