Bill C-9 on Hate Crimes Would Apply to Online Content: Justice Minister Fraser

The Liberal government’s bill targeting hate crimes is not meant to regulate the internet, but it would apply to some online content that involves the “wilful promotion of hatred,” according to Justice Minister Sean Fraser.

“Generally speaking, the law will apply equally online as it does in real communities … just in the limited circumstances where there is the wilful promotion of hatred against someone,” Fraser told the House of Commons justice committee on Oct. 9, as first covered by Blacklock’s Reporter.

Bill C-9, also known as the “Combatting Hate Act,” would make it a crime to intimidate or obstruct people from attending places of worship, schools, and other public spaces associated with an identifiable group, as well as make hate-motivated crime a specific offence. The bill would also criminalize the wilful promotion of hatred against an identifiable group by publicly displaying certain terrorism or hate symbols, such as Nazi, Hamas, or Hezbollah flags.

Conservative MP Andrew Lawton questioned Fraser at the committee meeting on whether the legislation “will affect what people can say and write on the internet.” He also asked whether something that is currently legal to say on the internet could be made illegal under Bill C-9.

Fraser responded that “the only circumstance where you could imagine some online comment attracting scrutiny under this law would attach to behaviour that is criminal today, but would be punished less severely.”

“The wilful promotion of hate is a crime today, but we want to recognize a distinct charge where that same behaviour uses certain symbols of hate to bring a higher degree of culpability,” he added, saying Bill C-9 does not impose a “blanket” ban on symbols. 

Definition of ‘Hatred’

Conservative MP Roman Baber raised concerns that the legislation would change the definition of “hatred” from “an emotion of intense and extreme nature that is clearly associated with vilification and detestation” to an “emotion that involves detestation or vilification and that is stronger than disdain or dislike.”

“Why are you trying to lower the bar to charge and convict people of hate speech? Is it to criminalize speech that liberals don’t like?” Baber asked.

Fraser responded that the legislation is not an attempt to “dilute the definition” of hatred, but to “make good on the spirit of that definition.” He also said that if committee members wanted to further modify the definition in the legislation, “that would not be a deal breaker.”

Bloc Québécois MP Rhéal Fortin noted that police in Canada already have the authority to fight hate crimes, and questioned why it was necessary to “introduce legislation that substantially cuts and pastes the Criminal Code.” Fraser said he understood Fortin’s point but did not agree, and said there needs to be “tougher penalties” for some hate crimes.

Liberal MP Anthony Housefather said the legislation is needed to stop hate crimes targeting Jews, and that the bill is being introduced after a “shocking rise in anti-Semitism in Canada over the last two years that has led many in the Jewish community to feel very, very unsafe in the country.” 

Housefather asked Fraser if there had been cross-party support for the creation of a new offence regarding intimidating or obstructing people from attending places of worship, and for removing a requirement to obtain the consent of the provincial attorney general in order to prosecute certain hate crimes. Fraser said these parts of the bill had been previously supported by the Conservatives. 

When Housefather asked if all parties had previously supported criminalizing the wilful promotion of hatred against groups by publicly displaying certain symbols, Fraser responded, “I reviewed the recommendation with sincerity and realized it had multi-partisan support at the time. I’m disappointed to see the tune has changed.”

When Fraser introduced the legislation last month, he said it would strengthen protections so that Canadians “of all races and ethnicities, faiths, sexualities, and genders can feel safe in their communities.” 

According to the government, the number of police-reported hate crimes increased in 2023 compared to the previous year, with most targeting religion, race, and ethnicity. Most police-reported hate crimes involving religion were directed toward Jewish people (68 percent) followed by Muslim populations (17 percent).