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The main objective of this thesis is to present an analysis of the issue of hate crimes and the manner in which the Canadian criminal justice system is currently addressing this problem. In doing so, certain inherent concerns with the current Canadian criminal legislative response to hate crimes will be highlighted and discussed in detail. / More precisely, the introduction of how recent Canadian criminal legislation has dealt with hate crimes will serve as the basis for the consideration of two of the main areas of concern as they relate to the effective application of hate crime legislation, namely the areas of prosecutorial discretion and evidentiary burden. The detailed survey of these two areas will provide the reader with a greater understanding of the dynamics behind the factors that currently hinder the potential effectiveness of hate crime legislation in Canada and will ultimately allow for the consideration of possible solutions.