Lead prosecutor to be selected to handle hate crimes in Manitoba

Hey there, time traveller!
This article was published 15/01/2025 (234 days ago), so information in it may no longer be current.

The Jewish Federation of Winnipeg and the National Council of Canadian Muslims have welcomed Manitoba’s plan to combat hate-motivated crimes by appointing a special lead prosecutor and providing more training for Crown attorneys.

“Antisemitism and all forms of hate have no place in our society, and we welcome any initiative that strengthens the tools available to combat and prosecute them,” said federation spokesman Adam Levy.

Nusaiba Al-Azem, director of legal affairs for the national Muslim organization, called it an important step. “This, in fact, is a change that we’ve advocated for at the federal government and across the country for some time — more training, a more systematic response,” she said.

Justice Minister Matt Wiebe announced the initiative Wednesday amid a rise in reported hate crimes across Canada. In Winnipeg, a recent spate of antisemitic graffiti in Charleswood resulted in mischief charges being laid against a 19-year-old man. Premier Wab Kinew described it as an “act of hatred.”

The Manitoba Prosecution Service already has a hate-crime working group. The announcement means a Crown attorney will be assigned to co-ordinate its work, Wiebe said.

Hate crimes prosecutions can be complex, so the province plans to provide Crown attorneys with additional specialized training to enhance their expertise and support the prosecution of hate crimes, he said.

“We’re building on the resources and expertise within our prosecution services,” the minister said.

His plan came as news to Manitoba prosecutors who say they’re “stretched to the max” as it is.

“We support increased focus on this complex work,” Manitoba Association of Crown Attorneys president Christian Vanderhooft said Wednesday. “Unfortunately, (the association) found out about this new role when the government announced it this morning,” he said by email.

“Placing new responsibilities on a designated Crown attorney, at a time when prosecutors are stretched to the max, is concerning to our members,” Vanderhooft said.

“We hope the government will step up with additional resources to allow us to effectively do this critical work.”

A number of Crown attorneys from across Manitoba voluntarily participate in the working group, in addition to their regular duties, he said.

Progressive Conservative justice critic Wayne Balcaen, a former police chief in Brandon, asked: “What is the minister doing with the need for more Crown prosecutors, other than giving them more work and a title?”

Appointing a lead prosecutor and providing specialized training may help prosecutors “better navigate the complexities and uniqueness of hate crime cases, ensuring they are handled with the sensitivity and precision needed,” said Levy, who believes recent incidents influenced the government’s announcement.

“The recent string of antisemitic graffiti in Charleswood and the charge of (mischief) rather than a hate crime highlights the challenges of prosecuting hate-motivated acts under current legal frameworks,” Levy said.

On Tuesday, Winnipeg police announced the accused had been arrested Sunday and charged with 26 counts of mischief under $5,000 for incidents that happened between Sept. 28 and Dec. 31.

Winnipeg police said mischief charges were laid after consultation with the Crown determined the graffiti didn’t fit the Criminal Code definition of a hate crime.

Proving that hate is a motivating factor behind a crime can be difficult, said Kenneth Grad, an assistant professor of law at the University of Manitoba.

Had the graffiti targeted a place of worship, it could be considered a hate crime, or if the Crown could prove the graffiti was motivated by hate based on the race, nationality, colour, religion, sex, age, mental or physical disability or sexual orientation of the victim, that could result in a tougher sentence, he said.

The province’s plan to direct more attention and training toward prosecuting hate-motivated crimes may help, he said.

“It could have an effect that makes the prosecution of crimes a little bit easier or at least help obtain, perhaps, more convictions,” he said. “It could help just having people with more expertise dealing with these types of offences.”

In Winnipeg, there were 178 police-reported hate crimes from 2017 to 2022.

In 2022, there were 3,576 hate-motivated crime incidents across Canada.

“Hate crimes are not just offences against individuals,” Levy said Wednesday. “They impact entire communities and undermine the values that we, as Canadians, cherish.”

— with files from Erik Pindera

carol.sanders@freepress.mb.ca