Understanding Hateful Conduct

A safe inclusive workplace is a collective culture where people feel included, valued, respected, connected, psychologically safe, involved in decision-making, recognized as having unique characteristics that contribute to organizational success and empowered to bring their authentic selves to the workplace. These behaviours can help prevent hateful conduct in the workplace and ensure that it is identified and addressed should it occur. Some examples of conduct that promote a safe and inclusive workplace are:

Allyship

A process in which a person becomes involved in efforts to end the discrimination and oppression experienced by a group of people to which the person does not belong. 

Source: Government of Canada – Guide on Equity, Diversity, and Inclusion Terminology 

Anti-oppression

The work of actively challenging and removing oppression perpetuated by power inequalities in society, both systemic oppression and individual expressions of oppression. Oppression is the unjust use of power to disempower, marginalize, silence or otherwise subordinate specific groups or categories, often to further empower and/or privilege the oppressors. 

Source: Canadian Council for Refugees - Anti-Oppression Policy 

Anti-racism

The conscious opposition to racist theories, attitudes and actions. Anti-racism is not just about being against the idea of racism. It is also about taking active steps to fight against it. 

Source: Government of Canada - IRCC Anti-Racism Strategy 2.0 Glossary 

Being a bias challenger 

Actively become aware of, question, and challenge one’s personal biases and the biases of others, to promote allyship and an inclusive and equitable workplace environment. A bias is the conscious (explicit) or unconscious (implicit) opinion, preference, prejudice, or inclination formed without reasonable justification that prevents a balanced or even-handed judgement. 

Source: CCDI – Glossary of IDEA teams  

Cultural humility  

An ongoing process of self-exploration and self-critique combined with a willingness to learn from others. It means entering a relationship with another person with the intention of honouring their beliefs, customs, and values. It means acknowledging differences and accepting that person for who they are. 

Source: University of Oregon – Cultural Humility 

Inclusive language  

A means of communication that is used to treat people with respect, and that involves using words and expressions that are not considered discriminatory or offensive, and that do not imply the exclusion or stereotyping of particular groups of people. 

Source: Government of Canada – Guide on Equity, Diversity, and Inclusion Terminology 

Microaffirmation

Small gesture of inclusion, caring, or kindness by being an ally and valuing or uplifting contributions by all individuals. Achieved by actively listening and providing comfort and support to marginalized individuals.

Source: Canadian Centre for Diversity and Inclusion Glossary of Terms

Psychological safety 

An environment where individuals feel safe to express ideas, feelings and questions or to make mistakes without repercussions. A shared expectations held by members of a team that teammates will not embarrass, reject or punish them for sharing ideas, taking risks or soliciting feedback. When psychological safety at work is low and people are uncomfortable raising concerns, initiatives that are not working move forward anyway, the organization is not equipped to prevent failure and talent begins to disengage. 

Source: CCDI – Glossary of IDEA teams  

Respectful dialogue 

Engaging in honest, thoughtful and reflexive conversation with the goal of understanding one another. Creating conversational spaces where we can effectively communicate across differences and boundaries and learn from one another. Individuals should strive to operate with curiosity, authenticity and vulnerability, to own the impact of their words and to embrace the shared values of diversity, equity and inclusion.  

Source: University of British Columbia - Respectful Dialogues Guide and Ohio State University Office of Diversity and Inclusion – Respectful Dialogue Toolkit 

Inappropriate behaviours and acts of hateful conduct that negatively impact CAF organizational culture, operations, and personnel where the act or behaviour is causing, or is reasonably expected to cause, harm to others. It includes, but is not limited to, any service infraction of hateful conduct, and any service offence of hateful conduct when the act or omission is not punishable under the Criminal Code.  

Actions affiliated with hate groups

Actions affiliated with hate groups include donating to or raising funds for a hate group, participating in a hate organization’s event, being a member of a hate group, recruiting members for a hate group and displaying tattoos that encourage hatred against a group. Affiliation with a hate group may also be a criminal act, for example, if donations are made to a hate group identified as a terrorist group, or if the participation or actions at a hate group event are considered to be criminal behaviour under the Criminal Code.  

Source: Criminal Code of Canada Section 83.2 

Discrimination under the prohibited grounds  

Discrimination is an action or a decision that treats a person or a group unfairly. There are 13 grounds of discrimination that are prohibited under the Canadian Human Rights Act, including race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or where a record suspension has been ordered. 

Source: Canadian Human Rights Act 3 (1) 

Harassment (CAF members) 

Improper conduct by an individual, that offends another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment and any act of intimidation or threat. 

Source: DAOD 5012-1 

Harassment and violence (DND employee) 

Any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. Violence may also be a criminal act. 

Source: Part II of the Canada Labour Code 

Hateful conduct (CAF members)

An act or conduct, including the display or communication of words, symbols or images, by a CAF member, that they knew or ought reasonably to have known would constitute, encourage, justify or promote violence or hatred against a person or persons of an identifiable group, based on their national or ethnic origin, race, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics or disability (Source: DAOD 5019-0).

Inappropriate use of social media  

Using social media resulting in (a) remarks or criticism tending to bring a superior into contempt, (b) if seen or heard by any member of the public, might reflect discredit on the Canadian Forces or on any of its members; or (c) if seen by, heard by or reported to those under [them], might discourage them or render them dissatisfied with their condition or the duties on which they are employed. Using social media to engage in hateful conduct and/or to communicate or network with individuals affiliated with hate groups is also an inappropriate use of social media. CAF members should be mindful and apply critical thinking when viewing or posting content on social media platforms. 

Sources: QR&O 19.14 and Public Safety Canada - National Strategy on Countering Radicalization to Violence 

Microaggressions

A comment or action that is regarded as subtly expressing prejudice against a person or group of people. Microaggressions are generally indirect and can be unintentional. Members of marginalized or minority groups are often the subjects of microaggressions that cause cumulative harm. 

Source: Government of Canada – Guide on Equity, Diversity, and Inclusion Terminology 

Unwanted comments and/or jokes

Derogatory remarks and jokes where commentary is disrespectful to another individual or group and causes discomfort and/or harm.

All acts of hateful conduct and other criminal offences of a hateful nature under the Criminal Code of Canada, including historical hateful offences, alleged to have been perpetrated by a CAF member, past or present falling under the jurisdiction of the relevant law enforcement or civilian authorities. Criminal Conduct hearings will occur when misconduct behaviours fall outside CAF/DND jurisdiction.

NOTE: Brief summaries of sections of the Criminal Code are provided strictly for the convenience of readers. The actual sections in the Criminal Code should be consulted for all elements and other provisions of these offences. 

Criminal Code offences related to hateful conduct include but are not limited to the following:

Assault

A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Source: Criminal Code of Canada Section 265 (1)

Criminal Harassment

Stalking, repeatedly communicating directly or indirectly, or engaging in threatening conduct that causes the person to reasonably fear for their safety or the safety of anyone known to them. For more details, consult the Criminal Code of Canada Section 264 (1).

Hate crimes

Motivated by bias, prejudice or hate based on the race, nationality, colour, religion, sex, age, mental or physical disability or sexual orientation of the victim. 

Source: Bill C-41 

Hate propaganda

Any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under the Criminal Code of Canada.

Source: Criminal Code of Canada Section 319 

Ideologically motivated violent extremism

Ideologically motivated violent extremism includes a variety of extremist beliefs from across the traditional left-right ideological spectrum, such as anti-authority, xenophobia, gender-driven and other types of violent extremist views.  

Source: Criminal Code of Canada Section 83.01 and Public Safety Canada 

Indecent act

Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person.

Source: Criminal Code of Canada Section 173 (1)

Nudity

Every person who is nude in public place, or is nude and exposed to public view while on private property, whether or not the property is their own.

Source: Criminal Code of Canada Section 174 (1)

Politically motivated violent extremism

Politically motivated violent extremism narratives call for the use of violence to establish new political systems – or new structures and norms within existing systems. Adherents focus on elements of self-determination or representations rather than concepts of racial or ethnic supremacy. 

Source: Canadian Security Intelligence Service (CSIS) 

Public incitement of hatred

Everyone 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 contrary to the Criminal Code of Canada. 

Source: Criminal Code of Canada Section 319 (1) 

Religiously motivated violent extremism

Ideologies that underpin religiously motivated violent extremism often cast an individual as part of a spiritual struggle with an uncompromising structure of immorality. These ideologies assure their adherents that success or salvation — either in a physical or spiritual realm - can only be achieved through violence.  

Source: Threats to the security of Canada and Canadian Interests - Canada.ca

Terrorism

An act or omission, in or outside Canada, that is committed: 

• in whole or in part for a political, religious or ideological purpose, objective or cause, and  
• in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada  

Source: Criminal Code of Canada Section 83.01 

Uttering threats

Everyone commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat: 

• to cause death or bodily harm to any person;  
• to burn, destroy or damage real or personal property; or  
• to kill, poison or injure an animal or bird that is the property of any person contrary to the Criminal Code of Canada 

Source: Criminal Code of Canada Section 264.1 (1)  

Wilful promotion of hatred

Everyone who, by communicated statements, other than in private conversation, wilfully promotes hatred against any identifiable group contrary to the Criminal Code of Canada. 

Source: Threats to the security of Canada and Canadian Interests - Canada.ca