How does a hate crime get prosecuted?
Lawyer Preston Parsons says that's a question often asked by a confused public that believes a particular crime is clearly motivated by hate, but is not designated as such by the courts.
That question and more will be answered during a panel discussion called Prosecuting Hate Crimes: A Community Presentation, taking place Sept. 27 at the Law Courts Inn on Smithe Street. The event is part of the Sexual Orientation and Gender Identity Conference, co-chaired by Parsons and sponsored by the Canadian Bar Association. "A hate crime is the hardest to prove because it's the one time motive is criminalized," said Parsons. "Generally, when it comes to a criminal charge you have to prove someone did it and that they've been identified correctly. Once you establish that, you have to prove they had the mental capacity to do it."
Parsons explains proving a hate crime adds a third element to the burden of proof. "You then have to prove the reason they did it was motivated by hate," said Parsons. "So it's proven you meant to shoot them, you were of sound mind, and the reason you shot them is because they're black and you hate black people."
Parsons organized the presentation because the public is interested in the subject of hate crimes. While attending law school in 2008, Parsons published a paper detailing hate crime designations in Canada. The panel of experts taking part in the presentation will answer common questions such as why do so few of the media's reported "hate crimes" receive the designation.
Taking part in the event is Surrey provincial court judge Gary Cohen, Vancouver Police Department Detective Const. Cheryl Leggett, Jacinta Lawton and Dasein Nearing, both Crown counsellors with the Ministry of the Attorney General, defence counsel Jenny Claire Rutherford, and Robin Perelle, managing editor of Xtra West Vancouver. Parsons is also hoping to have a victim of a hate crime take part in the event who can explain what it's like to go through the legal system from the time they were first victimized to the conviction of their attacker.
The presentation is free and open to the public, but seating is limited. Participants are asked to email an RSVP to [email protected] by Sept. 23. The presentation runs from 6 to 8 p.m. Sept. 27 on the fourth floor of the Law Courts Inn, 800 Smithe St.
Twitter: @sthomas10
