New Hate Crime Bill Advances in Commons as Opposition MPs Voice Concerns

The Liberal government’s new hate crime bill has made a step forward in the House of Commons, while opposition parties are expressing concerns about some of its content.

Bill C-9, also known as the Combatting Hate Act, was introduced by Justice Minister Sean Fraser on Sept. 19. It aims to add four new hate-related offences to the Criminal Code, including for the crimes of obstructing or intimidating those who seek to use faith-based institutions, as well as for hate-motivated crimes and the intentional promotion of hate through the use of “hate symbols.”

The legislation would also add a new definition of “hatred” to the Criminal Code and remove the requirement for the attorney general’s consent before prosecuting certain hate propaganda offences, such as willful promotion of hatred or public display of hate symbols.

Several opposition MPs raised concerns about the bill during its second reading in the House of Commons on Oct. 1. Conservative and NDP MPs said there are already provisions in the Criminal Code that cover some of the offences the bill aims to create.

Tory MP Andrew Lawton noted that subsection 319(2) of the Criminal Code targets the wilful promotion of hatred, while section 718.2 says hate motivation is already an aggravating factor, and sections 423, 431, and 434.1 already criminalize the offences of intimidation and obstruction at places of worship.

“What we are left with when we strip away these three things, which are already covered by existing laws, are two things,” Lawton said, noting the two remaining parts include removing the requirement for the attorney general to consent, and codifying a new definition of hate.

The Tories say the existing provision for attorney general consent serves as a “safeguard against abuse and a means for accountability,” and that removing it would risk hate speech being “weaponized” as a political tool by the party in power.

“[Attorney general consent] provides that sober second thought to make sure that this does indeed reach the bar of a hate crime,” Conservative MP Brad Redekopp said. “Removing the requirement for the attorney general is maybe not the best idea.”

Fraser has said removing this requirement would make it easier for law enforcement to take action and for hate-related incidents to move more quickly through the courts.

NDP MP Lori Idlout said New Democrats are concerned that removing attorney general consent will give “too much discretionary power” to law enforcement and allow for subjectivity.

Liberal MP Kevin Lamoureux said in the House on Oct.1 that the bill creates a stand-alone hate offence that is not currently included in the Criminal Code so that “any hate-motivated law-breaking would be treated with the gravity it deserves.”

“I think that to try to give the false impression that the legislation is all covered from within [existing laws] does a disservice to the many individuals and/or groups that have been advocating for us to heighten the importance of ensuring that our laws are there to deal with hate crimes,” Lamoureux said of the Tories’ criticism.

Lamoureux also said the changes would give law enforcement an “extra tool” for prosecution to be more successful and to have “heavier penalties for the individuals committing these hideous hate crimes against people.”

Definition of Hatred

Tory and NDP MPs also voiced concerns about Bill C-9 strengthening sentencing for hate crime offences and codifying a new definition of hatred regarding “detestation or vilification.”

The bill defines hatred as “the emotion that involves detestation or vilification and that is stronger than disdain or dislike.” A 2013 Supreme Court decision said the term “hatred” must be interpreted as being restricted to “extreme manifestations” of the emotion described as “detestation” and “vilification.”

Not including the word “extreme” in the new definition would “water down” the definition of hatred to something more vague and subjective, and could make it easier for “vexatious” charges to be laid, the Tories argued.

The new hate crime bill comes in response to an increase in religiously motivated hate crimes in recent years, with Jewish groups such as the Centre for Israel and Jewish Affairs sounding the alarm about the rise in anti-Semitic incidents in Canada since Hamas’s Oct. 7, 2023, attack on Israel.

Tory MPs raised concerns about the bill not mentioning hate towards Christians, noting the rise in churches burned down and vandalized in recent years.

Meanwhile, Bloc Québécois MPs questioned whether the legislation will impact Canadians’ right to protest. Several Bloc Québécois MPs also said Bill C-9 should be amended to ensure hate crimes based on religious speech are prohibited, noting the Criminal Code currently says religiously motivated speech can be exempted.

Fraser said at a Sept. 19 press conference that the bill “goes to great lengths” to protect the right to participate in peaceful protests and for demonstrators “to freely express themselves in a non-violent way.”

Despite the opposition parties’ concerns about the legislation, the bill passed the second reading and was referred to the Standing Committee on Justice and Human Rights.