Controversial Hate Crime Bill C-9 Clears House, Goes to Senate

The Liberal government’s new anti-hate bill, which Conservatives opposed due to an amendment removing the religious defence to hate speech, has passed the House of Commons and will now head to the Senate.

Bill C-9, also known as the Combatting Hate Act, passed third reading late on March 25 with the support of the Bloc Québécois, while MPs from the Conservative, NDP, and Green parties voted against it. The bill passed with 186 “Yeas” to 137 “Nays.”

The bill would create new criminal offences associated with intimidation and obstructing access to places of worship. The bill also seeks to create a new offence for intentionally promoting hatred through the public display of certain symbols like Nazi, Hamas, or Hezbollah flags.

A Bloc amendment, backed by the Liberals, removes the religious defence to hate speech in the Criminal Code, which currently protects Canadians from charges of wilfully promoting hatred when expressing religious beliefs in good faith.

Justice Minister Sean Fraser has defended the amendment by saying freedom of religion is still guaranteed under section 2(a) of the Canadian Charter of Rights and Freedoms, and that the amendment would not change this. He said removing the religious exemption would merely clarify the law while maintaining “full constitutional protection” for freedom of religion and expression.

The Conservatives and religious groups opposed the amendment, and the bill was stalled in the House of Commons justice committee for several months.

On March 5, the Liberal government tabled a motion in the House of Commons stopping debate and forcing votes on Bill C-9 in committee. The motion passed in the House on March 10, and the justice committee completed its study of the bill the next day.

The justice committee included a clause that the Liberals said would address religious groups’ concerns about religious speech being classified as incitement to hatred. The “clarifying language” stated that Canadians were not prohibited from making statements “on a matter of public interest,” including educational, religious, political, or scientific statements, as long as they do not wilfully promote hatred against an identifiable group.

Prior to the final House vote on Bill C-9 on March 25, Conservative MPs Andrew Lawton and Larry Brock introduced an amendment to send the bill back to the justice committee and restore the religious defence. The amendment did not pass.

Lawton said the Liberals were forcing a vote on Bill C-9 despite “the cries of millions of Canadians from multiple faiths and civil society groups that this bill will violate their civil liberties.”

Justice Minister Fraser responded that the legislation was meant to protect religious freedoms and ensure people can practice their faith “without fear of intimidation or obstruction.”

Brock said Bill C-9 had been changed midway through debate “in a way that raises serious legal, moral, and constitutional concerns.”

He said the bill removes the “long-standing” religious defence without proper debate and in the midst of widespread opposition from Canadians.