Hate crimes are difficult to prosecute in Canada despite legal tools designed to address them in the Criminal Code. Prosecutorial challenges include high legal standards for proving these crimes were motivated by bias, prejudice or hate, and inconsistent application of aggravating sentencing provisions. The Canadian Charter of Rights and Freedoms protects freedom of expression, setting a high bar to successfully prosecute hate speech. This working paper examines these challenges through case law and judicial interpretations and concludes with policy recommendations.
