2 teens charged after acts of racist and homophobic vandalism in St. Catharines, police say

Niagara police have charged two teen boys with 13 counts of mischief after a string of racist and homophobic acts of vandalism neardowntown St. Catharines.

The police say the vandalism took place on June 11 around 10 p.m.

The two teens reportedly vandalized the walls and sign atHarriet Tubman Public School, as well as the statue of Tubman with racist and homophobic slurs.

Tubman escaped slavery and led dozens of others to freedom through the secretnetwork of safe houses and contacts known as the Underground Railroad. She lived in St. Catharines between 1851 and 1861 then, eventually, returned to the U.S. and joined the Union Army for the American Civil War, where she was the first woman to lead an armed assault.

Police say six vehicles, three homes a Caribbean restaurant and two school buses were vandalized.

Michael Andrade,owner of theCaribbean Eatery, previously told CBC Hamiltonit hurt seeing the vandalism.

"I got here Sunday, warming up some patties for the church I looked in the back there and I saw this car with n----r written on it and I'm like, 'What's going on here?'" he said in June.

"I never experienced that.I've been here since 1986 it took a little toll on me."

Niagara police say a 14-year-old boy was arrested on Aug. 20 and a 15-year-old boy was arrested the next day. They each face 13 counts of mischief under $5,000.

Police described the incidents as "hate-related vandalism" but didn't lay hate crime charges.

Asked about why the teens weren't charged with hate crimes,Const. Phil Gavin told CBC Hamilton the legal criteria for a charge under the hate propaganda sections of the criminal code are "very specific in scope and done in consultation with the Ministry of the Attorney General's Office."

"Once the investigation has concluded, investigators can then begin to prepare a report with consent of the Crown's attorney for submission to the Attorney General's Office," he said.

"Hate motivation, speech, and language are also considered aggravating factors that a judge must take into consideration before sentencing in matters such as these."

Police say they released both teensto their families with some conditions.

They have court dates set in the future and police say they can't release the identity of the accused because of theYouth Criminal Justice Act of Canada.

For more stories about the experiences of Black Canadians from anti-Black racism to success stories within the Black community check out Being Black in Canada, a CBC project Black Canadians can be proud of.You can read more stories here.