*waves to the original topic, off to the side*
All right, I think Canada's hate crime laws have been a bit overstated, here. I'm no legal expert, but so far as I'm aware, there are only two activities for which you can be legally charged with a hate crime.
From the Criminal Code of Canada
Section 318: Hate Propaganda
(1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
...
Section 319
(1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Wilful promotion of hatred
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
So, in short, hate speech can only be charged in very specific circumstances. It has to be public, must clearly and wilfully promote hatred, violence, or genocide, and must be targeted against an identifiable group of people. It is a bit of a thorny issue in Canada, as while I think most of us support the spirit of the laws, they do raise interesting questions regarding free speech, which is protected in the Charter of Rights and Freedoms.
The other part of the criminal code worth noting is this:
Subsection 718.2
A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor,
The list also includes things like whether spousal or child abuse was involved in the crime, or whether the charge was terrorism related. So, there are no "hate crimes" per sec in Canadian law, but a judge, based on his own discretion and legal precedent, increase a sentence for violence targeted against a specific group.
There's more info, including the full text from the Criminal Code, at
this CBC page.
Hope that clarifies things somewhat.