Tory MP Lewis Says Two Aspects of New Hate Crime Bill Open Door to Government Abuse

Conservative MP Leslyn Lewis has raised concerns that two provisions in the Liberal government’s new bill targeting hate crimes could end up putting a chill on freedom of expression in Canada.

Lewis said Bill C-9, dubbed the Combatting Hate Act, would make two “dangerous” changes to Section 319 of the Criminal Code. That section deals with the public incitement of hatred and wilful promotion of hatred against identifiable groups.

While Section 319(6) of the Criminal Code currently requires the consent of the attorney general before someone can be charged with a hate crime, Lewis said Bill C-9 would remove this safeguard that prevents “political or overzealous prosecutions.”

Additionally, the legislation would change Section 319(7) to redefine “hatred” as an “emotion,” which Lewis said is a “vague and subjective test” that could apply to normal debate or criticism. Bill C-9 defines hatred as “the emotion that involves detestation or vilification and that is stronger than disdain or dislike.”

“Together, this expands state power to prosecute speech under unclear rules and with fewer checks on government abuse,” Lewis said of the two Section 319 changes.

Bill C-9, introduced in the House of Commons on Sept. 19, would amend the Criminal Code to make it a crime to intimidate or obstruct people from attending places of worship, schools, and community centres, as well as make hate-motivated crime a specific offence. The bill would also make it a crime to wilfully promote hatred against an identifiable group by publicly displaying certain terrorism or hate symbols, such as Nazi, Hamas, or Hezbollah flags.

Additionally, the definition of “hatred” would be clarified in the Criminal Code in order to make clear when conduct becomes a hate crime. The removal of the requirement for the attorney general to give consent to lay hate propaganda charges is meant to “streamline” the process and allow law enforcement to act quicker to counter such speech, according to the government.

The Liberal government has said the legislation will respect Canadians’ Charter freedoms of expression and peaceful assembly, and would not unreasonably impact their freedom to protest or peacefully voice their concerns.

When introducing the legislation, Justice Minister Sean Fraser said C-9 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 2024 compared to the previous year, with most targeting race, ethnicity and religion. Most police-reported hate crimes involving religion were directed toward Jewish people (68 percent) followed by Muslim populations (17 percent).

Bill C-9’s introduction comes in the context of a dramatic rise in anti-Semitic incidents in Canada since Hamas’s Oct. 7, 2023, attack on Israel and the subsequent war in Gaza.