Canada regularly reports hate crime data to ODIHR. Canada’s hate crime laws are a combination of a substantive offence and a general penalty-enhancement provision. Police-reported hate crime data are collected by the national statistical agency, Statistics Canada. Due to Canada’s reporting cycle, the most recent hate crime figures available cover the year preceding the reporting year. They are generally released in the summer. Hate crime statistics are regularly published. Canada conducts regular victimization surveys to measure unreported hate crime.
In the report on its mission to Canada, the United Nations Human Rights Council's Working Group of Experts on People of African Descent, observed that the prosecutors play a crucial role in requesting from judges that sentences be aggravated by racist motivation and therefore recommended improving the understanding of anti-Black racism among prosecutors and judges.
In its concluding observation on periodic reports of Canada, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern that racist hate crimes remain under-reported and that the racist hate crime is not tracked consistently across Canada's ten provinces. CERD also expressed concern at the increase in hate crimes targeting Muslims. CERD recommended that Canada facilitate reporting by victims, ensure the effective investigation of racist hate crimes and prosecute and sanction perpetrators. It recommended that Canada should also systematically track hate crimes across the criminal justice system, train law enforcement and judges on how to recognize and register hate crimes and address the reasons for the increase in hate crime targeting Muslims.
ODIHR observes that Canada has not reported to ODIHR the numbers of prosecuted hate crime cases and information on sentenced hate crime cases.