Durham Regional Police say a hate crime charge won't be laid in connection with an alleged assault on two lesbian mothers in Oshawa last month.
In a news release issued Tuesday, police said there have been lobbying efforts to have such a charge laid.
"Although these acts of violence were very disturbing and offensive, they do not meet the narrow definitions of hate crime under Sections 318 or 319 under the Criminal Code," police said.
"Specifically under 318, they did not advocate genocide and under 319, there was no clear evidence the accused incited others to join him in the attack."
In the Nov. 3 incident, Jane Currie and Anji Dimitriou said the man verbally accosted them, leading to him allegedly spitting on them and striking them. Both women were sporting black eyes, bruises and stitches after the incident.
The attack occurred in from of their children and others, they said.
The couple admitted to having some history with the man.
"Any act of violence should not be tolerated by our society - especially violence in plain view of children," Durham Police Chief Mike Ewles said Tuesday in the release.
"In instances of this nature, we are obligated to consult with the Crown attorney and we will not lay a charge unless the evidence supports a charge. Our primary objective, in every investigation, is to contribute to a successful prosecution by way of a thorough investigation."
Mark Scott, 44, of Oshawa, faces two charges of assault causing bodily harm. He has a court appearance scheduled for Jan. 8.
Mike Jacula, Scott's lawyer, has said his client -- who is black -- has suffered from physical and racial abuse.
"The truth surrounding this incident will come to light. The parties responsible will be held accountable for the racially motivated and unprovoked attack he suffered," he said in a news release last month.
