Executive Summary

Maxim Institute opposes the creation of new hate crime offences. The current sentencing model—where hate motivation is an aggravating factor—is effective and avoids unnecessary legal complexity. The proposed model requires new offences and introduces uncertainty, expense, and the risk of criminalising thoughts.

Hate crimes are not necessarily more blameworthy, nor do harsher punishments deter such crimes. Maxim Institute advocates for targeted improvements within the existing legal framework, such as refining how hate motivation is assessed in sentencing, ensuring it does not apply to unintended groups, and increasing judicial transparency to reveal how aggravating factors impact sentencing outcomes.

The current model offers flexibility, efficiency, and consistency with broader sentencing principles. Rather than overhauling the law, Maxim Institute supports pragmatic reforms that balance justice with legal clarity.