Contrary to some of the coverage, the Indigo 11 have not been charged with anything hate-related. The Criminal Code does contain certain hate-specific provisions, including prohibitions on the communication of “hate propaganda.” The Code also specifically prohibits hate-motivated mischief, but the provision only applies to property primarily used by an “identifiable group” including places of worship and religious schools, not big box bookstores.

None of these hate-specific offences has been invoked in this case, though Toronto Police have given vague indications that they may yet lay hate propaganda charges, which require the consent of the Attorney General.