| Hate crimes are committed to intimidate, harm, or terrify not only a person, but also an entire group of people associated with the victim. A purposive sample of Crown prosecutors from Regina, Saskatchewan were consulted to explore their opinions of hate crime sentencing enhancements and the factors related to their discretionary powers involved with their decision to screen and charge hate crimes. Following the phenomenological tradition for conducting research, utilizing the grounded theory method, semi-structured interviews were conducted which generate the textual data for analysis. Furthermore, the study queried Crown prosecutors on what possible legal reforms could be implemented to reflect the values and interests of Canadians. Results indicate that Crown prosecutors perceive the application of hate crime sentencing enhancements in four ways: (1) court procedures, (2) perceptions of subparagraph 718.2(a)(i), (3) hybrid considerations, and (4) perceptions for the future of hate crime prosecutions. These perceptual insights suggest that the hate crime sentencing enhancements lack effectiveness, as they are rarely considered, difficult to prosecute and are adversely susceptible to prosecutorial and judicial discretion in the Regina criminal courts. |
