HQ Magazine
OACP Online Media Hub
Install App?
HQ Magazine
oacp.fthinker.ca
This is how the Install App dialog will look like once your App goes live.
Why It Matters How We Label Violent Acts
On June 6, 2021, five members of the Afzaal family went for a walk on a warm summer evening in London, Ontario. Neither they, nor anyone else, could have imagined the terrible fate that awaited them. That same evening, a young man left his apartment with the intention of finding and killing Muslims. He donned combat gear and drove his truck along various city streets until he spied the Afzaal family standing at an intersection. He admitted that he believed them to be Muslim based on the clothing that they wore.
This person accelerated as he approached the intersection and drove into the family at full speed. He killed four members of the family: Talat Afzaal, Salman Afzaal, Madiha Salman, and Yumnah Afzaal. The youngest of the victims, Fayez Afzaal, was just nine years old. He miraculously survived the attack but continues to suffer from physical and psychological injuries.
On November 16, 2023, the offender was found guilty, by a jury, of all charges (four first degree murder and one attempted murder) for deliberately attacking the Afzaal family. Was this a hate crime or was it terrorism?
Terrorism and Motivation
While hate crimes are motivated by prejudice and aim to harm specific groups or individuals, terrorism typically seeks to achieve broader political, ideological, or religious goals by instilling fear or intimidation to the public or a segment of the public. For a finding of guilt, terrorist activity requires proof of this further motive. It is not enough to merely prove intent. In this case, the intent was to kill the family, and the means was by driving into them at high speed. However, in order to prove terror activity, the evidence must address for what specific purpose the person committed the act of violence. According to RCMP Integrated National Security Enforcement Team (INSET), Sergeant Nicole Simpson, “It’s only terrorist activity if we can prove beyond a reasonable doubt that the violence was, in whole or in part, motivated by a religious, political or ideological purpose, objective or cause.”
In her ruling on November 22, 2024, Justice Renee M. Pomerance found that the crimes of the offender constituted terrorist activity. In her ruling, Justice Pomerance noted that, “This is an acknowledgement that the offender’s horrendous attack was directed at Muslims and designed to intimidate all Muslims in Canada and spread a message seeking to tear apart the fabric of Canadian society through hate and division.” Further, Her Honour noted that, “He chose to commit these offences in furtherance of his [white-national political] ideology, telling police he wanted the world to know why he did what he did. He hoped to inspire others and instill fear in the Muslim community, sending them a message to leave European-founded lands or they will be killed.”
The offender was sentenced to life imprisonment without eligibility for parole for 25 years for the first-degree murder of each of the four family members. He was also sentenced to life imprisonment for the attempted murder of the youngest member of the Afzaal family.
Legal Distinction
Understanding the legal distinction between hate crime and terrorism is essential to ensure that police and the judicial system can appropriately classify, investigate, and prosecute offences based on their specific motivations and community impacts. In addition, by appropriately classifying these types of crimes, the RCMP and other police organizations are in a better position to provide appropriate victim support, targeted prevention strategies, and raise public awareness about the unique societal harms posed by each type of crime.
Charging offenders with hate motivated crimes and terror offences carry significant positive implications for law enforcement credibility, public trust, and policy direction. Prosecuting for hate crimes and terror offences is exceedingly important in order to stress the severity of these acts, to ensure justice is served and to hold tight to our commitment to protecting all Canadians from hate and violence, regardless of their background, religion or culture.
In the Afzaal case, the offender’s motivation was, in part, to sow seeds of discord and division. His actions were so horrific; however, that they had a reverse effect, galvanizing Canadians from all walks of life to unite in opposition to Islamophobia and other forms of hatred.
If someone in the public is in immediate danger or knows about an immediate threat, they should call 9-1-1 or contact their local police. Non‐emergency tips can be reported to the RCMP National Security Information Network by phone at 1‐800‐420‐5805 or online at www.rcmp.ca/report-it.
There are three offences in the Criminal Code of Canada (CCC) that specifically pertain to hate crime, and they fall under the hate-propaganda section:
• Section 318
Advocating Genocide
• Section 319(1)
Public Incitement of Hatred
• Section 319(2)
Wilful Promotion of Hatred
Besides these offences, there are many other offences the public often refer to as hate crimes. However, police refer to these as hate-motivated crimes. For example, for an assault charge under the Criminal Code:
1. A person is charged with assault
2. That person is convicted of assault
3. It is noted in the charge/sentencing record that the assault was hate motivated
4. It is proven in court that the assault was hate motivated
5. The judge considers motivation in sentencing
If a crime is proven to be motivated by hate – it is taken into consideration at sentencing and noted on the record.
When does a hate crime become a Terrorism offence?
• Section 83.01
Terrorism
When the criminal act meets the definition of “Terrorism Activity” as per Section 83.01 of the Criminal Code, it can be investigated to determine if it qualifies as terrorism.
The criminal act must be committed in whole or in part for an ideological, political or religious objective and with the intention of intimidating the public or a segment of the population, with regards to its security.
Section 83.27 CCC specifies that ANY indictable offence, if meeting the definition of terrorist activity, can be escalated to a terrorism offence with the penalty set at life in prison. For example, if a person creates a propaganda poster advocating for genocide of a particular group of people, and disseminates this propaganda, this alone could be a hate crime.
If this criminal act was done on behalf of one of the listed terrorist entities as published by Public Safety Canada, then this would meet the definition of “Terrorist Activity” and the person could be charged with a terrorism offence.
The RCMP categorizes terrorist groups into three areas
1. Ideologically Motivated Violent Extremist
2. Politically Motivated Violent Extremist
3. Religiously Motivated Violent Extremist
References
1. Hate Crime vs. Terrorism. RCMP in Ontario – webpage. https://www.rcmp-grc.gc.ca/on/prog-serv/hatecrime-terrorism-eng.htm
2. R. vs. Veltman. 2024 ONSC 1054
3. Public Prosecution Service of Canada. News Release – February 22, 2024. https://www.ppsc-sppc.gc.ca/eng/nws-nvs/2024/22_02_24.html
1
What We Can Learn in Policing from Wildfires
I had trouble figuring out where to begin this year’s renewed version of the Police Leadership Program. The challenge was too many options. The leadership issues in policing today range all the way, for example, from community mental health to organizational budgeting to technical skill development.
2
The Complexity of Police Leadership
Yet leadership effectiveness is, simply put, about people understanding people. It is a skillset that can be learned, and that depends quite simply on leaders investing in themselves. With social-scientific discoveries, self-awareness, and powers of observation and communication, leaders can pull others together around a common goal. Among others, the below three skill sets help to get you there:
3
Countering Incivility, Harassment, and Discrimination in Policing
Creating a workplace environment that is inclusive, respectful, and free from harassment and discrimination is an ongoing priority for ontario police services. However, services face systemic challenges in their efforts to prevent these negative behaviours, effectively address them, and change their culture.
4
The Leadership Imperative: Leader development in Ontario
Modern policing is complex. Whether mediating a dispute or managing a crisis, it’s a job that not only requires a deep understanding of the law and society, but also the ability to lead with confidence and compassion.
5
THE FUTURE OF LEADERSHIP IN POLICING
Under the leadership of Chief Jim MacSween, the executive leadership team at York Regional Police (YRP) established a mission to re-imagine leadership development within the organization. YRP knew that standardizing leadership principles and delivering them to all ranks of the organization would enrich the development of ethical and professional leaders.
6
Connect, Lead, Inspire
As policing leaders, there are key elements to consider when it comes to developing outstanding organizations. Opening conference keynote presenter Tanya McCready of the Winterdance Dogsled Tour and author of Journey of 1000 Miles opened the conference with a timely message: time, dedication, trust, and practice are key elements to leadership, as well as ensuring that leaders know their team and where they thrive best.
