"So, in the Criminal Code, it comes down to the sentencing. "What's important to remember in these incidents of hate-motivated crime is that we have to take into account the motivation for the crime itself," Tremblay said. Tremblay said if the three are convicted, the element of hate would be considered at sentencing. Two are facing a charge of mischief, and the third has been charged with mischief and abetting. The youths were arrested on May 2, 3 and 4. "It's certainly difficult for investigators and also those involved at the school to see these events take place and it can be very disturbing as well," said RCMP spokesperson Cpl. RCMP say their investigation led officers to believe that the act was motivated by hate based on sex, sexual orientation, gender identity and expression. One of the students captured a video of the burning flag. The incident occurred last month, when one student, assisted by two others, took down a Pride flag that was located inside the school, took it outside and burned it. Three youths are facing criminal charges after they allegedly burned a Pride flag at Bay View High School in Upper Tantallon, N.S.
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