The House resumed consideration of the motion that Bill , be read the second time and referred to a committee.
:
Madam Speaker, I will be sharing my time with the member for .
[Translation]
Today, I am pleased to speak to Bill , which proposes reforms to the Criminal Code to better protect access to religious and cultural sites and combat the rise of hate in Canada at a critical time.
In 2014, the police recorded 1,295 hate crimes. By 2024, that number had risen sharply to 4,882. Hate crimes motivated by race or ethnicity saw a particularly sharp increase, rising from 611 cases in 2014 to 2,377 cases in 2024. Similarly, hate crimes based on religion increased significantly, from 429 cases in 2014 to 1,342 cases in 2024.
Since 2020, the Black community has been the most frequently targeted population for hate crimes motivated by race or ethnicity, accounting for 37% of hate crimes in 2024. In 2024, most police-reported hate crimes targeting religion were directed at the Jewish community at 68% and the Muslim community at 17%.
These figures and statistics tell only part of the story. The sad reality is that no community is immune to hate. We continue to hear that Canadians no longer feel safe in places of worship, learning and gathering, or in simple day-to-day life. The government is deeply concerned about this situation and has been very clear that it will take successive measures to improve public safety. Bill C-9 is the next step in this regard.
Let me be very clear. Regardless of an individual's background or who they are, if Canada is their home, then they deserve to live here in peace and free of hatred.
[English]
Media reports also continue to highlight the human cost of the spread of hate in our communities. I wish I could say the examples are few. Within the past two years, reports on threats and attacks at places of worship, community centres and religious schools, as well as hate-motivated crime more generally, continue to become more commonplace.
To take but a few examples, reporting from Global News, CBC and the Montreal Gazette during this time includes shootings and attacks on and at synagogues and mosques, evacuations of Jewish schools and Muslim community centres because of bomb threats and reports of attacks against Muslim taxi drivers and women wearing a hijab.
While these particular media stories focus on anti-Semitic and Islamophobic incidents, we know members of other communities in Canada share similar experiences of hate-motivated conduct, including because they are indigenous, because of the colour of their skin, because of the god they worship or because of who they love. I want to be clear: These incidents are abhorrent and do not reflect the values of Canadian society.
While Canada will always be a place to come together and, at times, disagree on issues, there is no place for intimidation and violence in our homes or where communities gather.
[Translation]
This disturbing rise in hate in Canada, and indeed around the world, must be met with strong condemnation and unity.
At this point, I want to assure my colleagues and all Canadians that there will always be room to have difficult conversations and express our disagreement, and that includes exercising freedom of expression and putting it into practice during lawful protests.
While this bill is a robust response to hateful behaviour, the proposed reforms have been carefully designed to ensure that freedom of expression and peaceful assembly are not unreasonably restricted. This bill does not prevent anyone from protesting or expressing opinions or concerns about an issue.
I would like to take a few minutes to discuss the measures proposed in Bill to demonstrate how they will support the legal system in responding to these disturbing trends, while respecting our shared rights and values.
Bill C‑9 proposes to enact four new Criminal Code offences that will provide clear but appropriate tools for investigators, Crown prosecutors and judges assigned to cases involving these offences.
To address reports of intimidation, harassment, threats and violence at neighbouring religious and cultural institutions, Bill C‑9 proposes to create a specific intimidation offence that prohibits any conduct aimed at instilling fear in someone for the purpose of impeding access to their place of worship or to a place primarily used by an identifiable group for certain purposes.
The bill also proposes to create an offence prohibiting anyone from intentionally impeding access to those same places.
These two new proposed offences will help ensure that police have clear tools to intervene when the behaviour of certain individuals crosses a line and becomes criminal activity in relation to these places.
To be clear, nothing in the two proposed offences would prohibit or restrict the right of individuals to protest in or near these places. These offences apply to criminal conduct. Threats of violence are not forms of peaceful expression or assembly protected under the Canadian Charter of Rights and Freedoms.
For example, if anyone attempts to disrupt a peaceful protest through violence, police can respond appropriately without infringing on the rights of the protesters to express their opinion on a particular issue.
To be clear on this point, the bill specifically includes a defence for any person who attends at or near a place for the sole purpose of obtaining or communicating information. This type of defence already exists for similar offences and its application is clear and well known in the context of protests and picketing activities. As long as it is done in a peaceful manner and access to the place is not significantly impacted, this behaviour would not be targeted by the new proposed offence.
The bill also proposes creating a new hate propaganda offence related to the public display of certain hate and terrorist symbols. I want to assure my colleagues that this is not a blanket ban on symbols, but rather an offence of limited scope that applies exclusively to the public display of symbols deliberately used to promote hate targeting identifiable groups. The offence has been carefully worded and will not apply to public displays of such symbols for legitimate purposes, such as journalistic, educational or artistic purposes.
In addition to these specific offences, Bill C‑9 also proposes to create a new hate crime offence. To address the overall rise of hate in Canada, this new offence would strongly denounce and deter all hate-motivated crimes. This is an important new tool for police and Crown prosecutors across the country.
The new hate crime offence would make it a criminal offence to commit unlawful acts motivated by hate based on such grounds as race, ethnic origin, religion or sex. It would apply generally to the commission of an offence under the Criminal Code or an act of Parliament and would include stiffer penalties depending on the severity of the offence.
[English]
Bill strengthens Canada's legal arsenal against hatred and sends a clear signal that hate has no place in our communities. It is the sincere hope of this government and myself that we can come together to consider and study this bill with the aim of making Canada a safer place for all people who live here.
[Translation]
I urge all members to join me in supporting these essential measures.
:
Uqaqtittiji, I join this debate on Bill , the combatting hate act, as the voice of Nunavut and as a member of the NDP.
The NDP believes the federal government must take comprehensive action to fight the rising tide of hate in Canada. Almost 5,000 hate crimes were reported in 2024. Police-reported hate crimes motivated by race or ethnicity are up 19% from 2022. Yes, we need to combat hate, but we do not need to criminalize people speaking up, and we definitely do not need to keep them jailed for longer.
I am disappointed that this bill does not address the violent activities of the growing white nationalist movement. The Liberals' failure to include that aspect in this bill leaves racialized communities, indigenous communities and the 2SLGBTQIA+ community without the necessary tools to combat the largest source of hatred in Canada.
We are in polarizing times, for many reasons. People are either for or against Palestine. They are either for or against Israel. Indeed, our political system is getting close to only being Liberal or Conservative. Our public discourse must not give us fear that we will be criminalized. Our religious beliefs should not spread hate. This bill seems to be more about criminalizing people who speak out than it is about addressing the growing racism against racialized people.
There are existing laws that address hate, calling into question the real purpose of this bill. Hate is already an aggravating factor in sentencing. This bill would increase maximum sentences if an offence is motivated by hate. What would that raise sentences to? It would raise them to five years, 10 years, 14 years and even up to life imprisonment. We are entering a debate where imprisonment is made easier and made longer when, at the same time, we are hearing about an impending austerity budget.
In fact, there are already existing provisions in the Criminal Code addressing situations involving a crime near places of worship. I draw members' attention to the following sections in the Criminal Code: subsection 176(2), “Disturbing religious worship or certain meetings”; subsection 430(4.1), “Mischief relating to religious property”; section 264, “Criminal harassment”; section 264.1, “Uttering threats”; and section 423, “Intimidation”.
New Democrats are concerned with vague language in this bill, because once broad definitions are on the books, they can easily be weaponized against groups. For example, how will intimidating behaviours be interpreted by police? In its current form, the bill has the potential to criminalize peaceful protesters and legitimate dissent. This bill, in its current form, gives too much discretionary power to law enforcement, allowing for subjectivity.
We know that listing groups on the terror list is a highly political decision, ultimately up to cabinet discretion. New Democrats are concerned that the section of this bill dealing with hate symbols would create a risk that a future government could put forward a new terror list for political purposes to appease certain groups that could then be caught under this provision.
Let me break down some of these concerns a bit more. Surrounding law enforcement, it gives too much discretionary power to law enforcement, allowing for subjectivity. Charging people with a hate crime carries a stigma that follows the person for life. If the charge is later dropped, the stigma will remain with the person.
There is the issue of vagueness. What are intimidating behaviours? How will they be defined or interpreted by police? Once broad definitions are on the books, they can be easily weaponized against groups. Hate is already an aggravating factor in the Criminal Code of Canada, as I said earlier. An assault committed out of hatred means the sentence would already be higher than it would be otherwise. This new offence would put the consequences of hatred in the hands of the police's subjective process rather than in those of the sentencing judge.
Second, we have a huge American influence. Advocates want tools that would target groups that openly espouse hatred and racism, would make it illegal to conduct any sort of militant training, for example MMA fight clubs, and would address the business component that allows these groups to become incorporated and therefore fundraise.
On the banning of symbols, other than the swastika and SS bolts, symbols would depend on Canada's terror list. Listing groups on the terror list is a highly political decision that is ultimately up to cabinet's discretion. This creates a risk that a future government could put forward a new terror list for political purposes to appease certain groups that could then be caught under this provision.
The wilful promotion of hatred is already an offence in Canada. The use of the swastika can already be processed through crimes currently on the books. The Liberals adding the Supreme Court of Canada's definition of “hatred” to the Criminal Code is not the issue. Courts already use this definition, and nothing would change with this addition. The escalating punishment after each offence for someone convicted of the new hate crime would be excessive and disproportionate.
On the new state of fear threshold, Canada already has a system where we recognize that free speech can go too far and cross a line, like when it incites violence against an identifiable group. This bill would lower that threshold and focuses on elements that are easily politically influenced, like which groups we can and cannot talk about in public. That makes the New Democrats and civil liberties associations nervous.
This crime has the element of intent to provoke a state of fear before going into a specific location. How will these locations be easily identifiable? The definition is too broad. This would cause problems in terms of scope and clarity for peaceful protesters. Provisions are vague, creating the potential for arbitrariness. We should be worried about how police would interpret the bill and about creating a further backlog in the already overburdened criminal justice system.
On freedom of assembly, while freedom of assembly is protected under the charter, with the broad definition of “fear”, any protest that is loud enough or disruptive enough would be seen as meeting this criterion.
In the context of the upcoming November budget, the austerity measures the has told us to expect will impact the justice system, potentially with cuts to public prosecution offices. At the same time, this bill would take away some roles of the Attorney General. The Liberals are making cuts to budgets and at the same time are giving departments more power.
With all the alarm bells going off about this bill, the NDP cannot support it in its current form. We will ensure that amendments are submitted—
:
Madam Speaker, I will be splitting my time with the hon. member for .
Our society has changed in recent years. Change can be a good thing. None of us wants to return to a past before we had things like refrigeration and modern medicine, although I suppose there are many who wish we could return to a past without social media. I can certainly sympathize with that. It seems that as a nation, as a people, as humans, we have become much more fractured than in the past, and many of our divisions are fuelled by what we read and hear online.
I do not know if Canadians today are more hateful than in the past, but it does seem that more anger and hatred are being expressed against specific groups in our society. This is a serious issue that merits serious consideration.
I think every member of this House will want to speak to this bill, and some to share personal stories of their experiences with hatred in our society. There is probably not a member of an ethnic, religious, racial or sexual minority who has not at some point had to deal with irrational prejudices that threaten to expand into hatred or violence.
The question we need to ask ourselves in this House is how we can best respond to hatred. Legislation such as Bill , the combatting hate act, may provide a Criminal Code framework for punishment, but is punishing people for their ideas and beliefs going to change those beliefs?
At the same time, we have a responsibility to protect Canadians, especially vulnerable Canadians, from being harassed by those whose motivation is hate. It is our responsibility to find a balance between free speech and individual rights. We need to ask ourselves if this bill would do that.
For years, the question of what constitutes hatred has been a matter of personal interpretation. The line between what is acceptable and unacceptable has not been codified in law, which perhaps has made any enforcement of hate legislation difficult. Hate has always been a matter of interpretation.
At least we have a definition now:
hatred means the emotion that involves detestation or vilification and that is stronger than disdain or dislike;
I am not sure how helpful that will be when it comes to practical application.
Members have probably heard people say, “I am not an expert, but I know good art when I see it.” That is not a definition of art; it is a subjective statement. That, it seems to me, is also the problem with defining hate and one of the problems with this bill. Who decides what is “detestation or vilification?”
Bill does set out who is protected by this legislation. Hatred would be prohibited when based on the following:
race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity
Human nature cannot be changed by legislation. Irrational hatred, because of its irrationality, would not be eliminated by passing legislation against hate crimes. Making something an offence would not change the feelings of those fuelled by hatred. However, what we can do as parliamentarians is show society's displeasure when hateful thoughts are put into action.
Murderous thoughts about the driver who cuts someone off on their morning commute would not land someone in jail. Murder will. It is actions that are the subject of Bill , not a person's private thoughts.
There is a fine line to be drawn between the right to protest and interference with others. I expect we will hear a lot of debate about the idea of intimidation that is brought forth in this legislation. In theory, protecting those lawfully using a school, a place of worship or any other location is a good thing. Sometimes, however, those places could be considered legitimate targets for protest. If this bill passes, it will be challenging for police and the courts to balance the rights of all involved.
Hate remains an ongoing problem in Canadian society. It is not something government can eliminate, though we have certainly tried. We have had government reports on supporting victims of hate crimes. We have had statistics telling us who has been targeted by hate in Canada. We have Canada's action plan on combatting hate. We have Canada's anti-racism strategy. The RCMP has the national hate crimes task force. However, hate is still with us.
In 2024, the Office of the Federal Ombudsperson for Victims of Crime released a special report entitled “Strengthening Access to Justice for Victims of Hate Crime in Canada”. It noted many of the problems we face in combatting hatred in our country. In 2023, there was a 32% increase in the number of hate crimes reported to police over the previous years. Those numbers are on the rise.
This is not a uniquely Canadian problem. Societies the world over are seeing increased polarization. Minority groups are being demonized for political gain. Violence is increasing. Social media is being used to fuel the fires of hatred. The ombudsman called for the federal government to step forward to provide a legal definition of a hate crime and to enact legislation.
This bill is in response to that. Definitions and laws are, in many ways, just words on paper. They do not convey the human element, the understanding of what hatred does to those who are targets of hate crimes. It is those people and their experiences that bring us to our discussion today.
The combatting hate act is not going to change anyone's mind. It is not going to miraculously convince all Canadians that they should love their neighbours. We, therefore, need to ensure that all Canadians are not being subjected to hate merely because of who they are or what they believe. No Canadians should be expected to live in fear for their lives or livelihood because of race or gender.
No Canadian should be prevented from accessing medical treatment or attending a religious service because the building is being blocked by those spewing hateful words and symbols. Yes, we need to preserve free speech, but the Charter of Rights and Freedoms allows those freedoms “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
There is no constitutional right to promote hatred. Hate crimes are not victimless. They can cause deep psychological harm. Sometimes they can cause physical harm. They are intended to cause fear and intimidation. When we allow one group to be targeted, when we fail to act, we become complicit in the crime. I am sure none of us in the House wants that to happen.
Does the combatting hate act solve the problem of hatred in Canadian society? It does not. It cannot, because legislation does not change hearts and attitudes. That is something best done one on one, and a task that falls on each one of us as we are confronted with hatred.
In the House, we can show our desire for a better Canada, one where people are completely accepted for who they are, regardless of race, national or ethnic origin, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression.
Bill is intended to show society's displeasure with the actions of those who wilfully promote hatred in Canada. I am not convinced this legislation is going to be as effective as the government hopes.
:
Madam Speaker, it is a privilege to speak to Bill , although I have grave concerns, not with the objective, but with the manner in which the Liberals have gone about trying to achieve it.
From the outset, let me say that I am grateful the Liberals have finally recognized there is a wave of hate sweeping this country. I am glad they have realized what the Jewish community in this country, among others, has been crying out for for years, which is a government that will listen to these concerns and understand the very real threats that are targeting them on a regular basis. However, just as the Liberals have done with Bill and the firearms file, they take a legitimate issue and offer a remedy that attacks the rights of citizens and expands the state’s power, often without the checks and balances necessary.
Bill would do five things: “repeal the requirement that the Attorney General consent” to proceedings for hate charges, “create an offence of wilfully promoting hatred against any identifiable group by displaying certain symbols in a public place”, “create a hate crime offence of committing an offence...that is motivated by hatred”, “create an offence of intimidating a person in order to impede them from accessing certain places that are primarily used for religious worship” and “create an offence of intentionally obstructing or interfering with a person’s lawful access to such places.”
Of these five things, three are already covered by existing laws, such as creating an offence of wilfully promoting hatred by displaying a symbol. Subsection 319(2) of the Criminal Code already targets the wilful promotion of hatred. It targets the incitement of hatred, and the courts have been very broad in their interpretation of how that communication must take place. Symbols are a part of that. I can give an example from my own riding, where someone was charged, just within the last two weeks, in Central Elgin, Ontario, with a hate charge under subsection 319(2) after mowing a swastika into their front lawn. The display of a hate symbol led to a hate charge under the existing law.
Creating a hate offence is also redundant because hate motivation is already an aggravating factor under section 718.2 of the Criminal Code, and it has consistently been applied by the courts.
Offences of intimidation and obstruction at places of worship are already criminalized under sections 423, 431 and 434.1 of the Criminal Code, as well as under the laws pertaining to threats in section 264.1.
What we are left with when we strip away these three things, which are already covered by existing laws, are two things. Bill really does two things. Number one, it would remove the requirement for the Attorney General to consent. This has been viewed by activists and advocates on the left and the right in this country as a necessary safeguard against overzealous and political prosecutions by law enforcement or by Crown attorneys who simply do not understand this because it is a rarely applied provision of the law.
The next part is the most egregious part, where I will spend the remainder of my time. The government is codifying a new definition of hate. Bill describes hatred as “the emotion that involves detestation or vilification and that is stronger than disdain or dislike”. The government has said this is adapted from the Keegstra Supreme Court decision, a seminal free expression case in Canada, but it actually changes something very key. In Keegstra, the court held that hatred “connotes emotion of an intense and extreme nature that is clearly associated with vilification and detestation.” This was expanded upon in the Whatcott decision, which says that hatred is “extreme manifestations of the emotion described by the words 'detestation' and 'vilification'.” The word “extreme” does not appear in Bill .
The government is very proud of this bill. The Liberals have had all summer to work on it, and they have had I do not know how many stakeholders, staffers, bureaucrats, lawmakers and lawyers go over every clause, I imagine, with a fine-tooth comb. Omitting an operative, very key word in a very key section of this bill is no accident. The government is, to use a legal term, wilfully lowering the threshold on what constitutes hate and, by extension, expanding the state's power and lowering the threshold of what can be regarded as free expression in this country.
The reason this is so important to me and to the Canadians who have been speaking out about Bill to this point is that the government has been, to its credit, very transparent on where it wants to go on free expression.
In the last two Parliaments, under the auspices of tackling so-called online harms, the Liberal government has introduced sweeping censorship bills that have been decried by voices on the left and the right. The Liberals have told us, as recently as last week, that this is coming back. The online harms bill is still very much a live issue, so we cannot look at Bill in isolation. We cannot disentangle it from the Liberal government's stated attitudes about freedom of expression and, quite frankly, the contempt in which they hold free expression and open debate.
I am going to quote someone for whom I believe the Liberals have a great affinity, and that is former Canadian chief justice Beverley McLachlin.
In her Keegstra dissent, she wrote:
If the guarantee of free expression is to be meaningful, it must protect expression which challenges even the very basic conceptions about our society. A true commitment to freedom of expression demands nothing less.
We do not need to look far to see what happens when the threshold for hate is lowered. In the United Kingdom, police are not even rarely knocking on doors and arresting people over mean tweets, because the same desire that we are seeing behind some of the negative and concerning impulses in Bill is criminalizing hate based on the grounds that words are violence. Censors justify their limitations on freedom of expression by elevating speech to violence. It is not for the state to discern, let alone prosecute, hate that may exist in one's heart; the law is to punish action, and the existing laws already do this.
I would be remiss not to point out that the Liberals get tough on crime only when they are talking about thought criminals. These are the only people that the Liberals want to put behind bars.
Let us look at some of the real hate crimes across the country. According to Juno News, 130-some churches have been vandalized or victimized by arson since 2021. Synagogues in Canada have been firebombed and vandalized. Jewish schools have been shot at. If the Liberals were serious about real hate crimes, they would be seeking mandatory 10-year prison sentences for these heinous assaults on places of worship. Again, the law should punish bad behaviour and not bad feelings.
To be fair, we cannot confront the hatred that exists in Canada and in Canadian society without acknowledging some of the root causes of it. The crisis of hate is a direct consequence of 10 years of divisive Liberal identity politics and the reckless breaking of the immigration system by the Liberal government. We cannot talk about hate without talking about the breaking of the immigration system that has resulted in the importation of foreign conflicts, and, in some cases, very hateful ideologies into the country.
Much of this happened under the watch of the who tabled the bill. He was the immigration minister who looked at the first six years of Justin Trudeau's government and how immigration was bungled there and said, “Do not worry; I can do worse”, and he did. It is no coincidence that hate crimes have risen as Canada has become less discerning and more reckless in its handling of the immigration system.
This is a crisis of the Liberals' creation. I do not trust those who caused the problem to solve it. I think that all people who may agree with the motivation behind this bill should be very cautious about handing over this level of power to the Liberals, when they have already demonstrated where they want to go. They have already demonstrated what they want to do.
I will return to another quote by former chief justice McLachlin.
She says:
[It] is not to say that it is always illegitimate for governments to curtail expression, but government attempts to do so must...be viewed with suspicion.
The Liberal government does not deserve the benefit of the doubt on hate. It does not deserve the benefit of the doubt on protecting charter liberties. It does not deserve the benefit of the doubt on any of the problems that it has been instrumental in either allowing to fester or, in some cases, in causing outright.
In Bill , the good is already done by additional laws. The bad should be a warning sign. The Liberals should be very ashamed of trying to sneak this through the back door with a lower threshold for hate in a country that needs to protect and double down on free expression.
:
Mr. Speaker, I will be sharing my time today with the member for .
I rise today to address Bill , the combatting hate act, specifically the changes to subsection 319(6) and the introduction of proposed subsection 319(7) to the Criminal Code.
I strongly support protecting religious freedom and ensuring that all Canadians are safe from hate and violence, but Bill would not do that effectively. I have three serious concerns about Bill C-9. First, it omits the protection of Christians, despite the fact that more than 100 churches have been burned and vandalized in Canada since 2021. Second, it would remove the safeguard of the Attorney General's consent under section 319. This would risk hate speech being weaponized as a political tool by any party in power by letting the government minister decide who gets charged. Third, it would water down the definition of “hatred” to something so vague and subjective that it would risk encroaching on the very right contained in subsection 2(b) of the Charter of Rights and Freedoms.
Beginning with my first objection to Bill , I find it quite perplexing that Christian hate is not even mentioned in the bill. In recent years, we have seen alarming hate-motivated attacks, including the burning and vandalism of churches across Canada. Just last week, a century-old Ukrainian Orthodox church in Edmonton was burned to the ground. As we have witnessed a record number of sacred spaces being destroyed, Christians have noticed the government's silence. Congregations have been left in fear, and people of faith are feeling abandoned by their government's lack of enforcement of existing laws.
In this context, it is shocking that a bill about combatting hate is completely silent on the rise of Christian hate. The government's press release mentions anti-Semitism, Islamophobia, homophobia and transphobia, yet it makes no mention of the rise in hate crimes toward Christians. This bill would not add new protections for worshippers. Instead, it would expand state powers by removing the legal safeguards and watering down the definition of hate speech. It would pave the path toward politicizing restrictions on speech. It would even risk criminalizing dissent to what some would call thought crimes.
We must exercise caution. Once such powers are granted to the government, they can be weaponized by any government against its critics. The existing Criminal Code already covers the most serious offences. Section 318 makes it a crime to advocate for or promote genocide. Section 319 criminalizes public incitement to hatred, wilful promotion of hate and speech that would lead to a breach of peace. These provisions already strike a careful balance between protecting Canadians from true hate and safeguarding freedom of expression. Bill attempts to redefine hatred so vaguely that it would risk capturing legitimate debate.
We have seen how this plays out elsewhere in the world. In the U.K., a man was arrested for holding a blank protest sign because authorities said it could be interpreted as offensive. In Australia, parents were investigated for hate speech after questioning gender policies at their school. In New Zealand, academics were threatened with jail for quoting banned manifestos. Canada is not immune.
We are crossing a dangerous line of removing the provincial Attorney General's consent and oversight and leaving charges in the hands of a minister appointed by the . The Liberal government has given us reason to believe that it would weaponize hate speech laws against its political opponents for political gain.
Bill would introduce a second significant change by adding a subjective, emotionally driven definition of hatred that lowers the threshold that was essentially set by the Supreme Court of Canada. As many members know, this is important because hatred is not defined in our Criminal Code. Rather, its meaning has developed over decades through case law, the most notable case being the 2013 Supreme Court case Saskatchewan v. Whatcott. That case said the term “hatred” must be interpreted as extreme manifestations of the emotion described by the words “detestation” and “vilification” and should not include representations that merely discredit, offend or insult.
That objective standard set by the Supreme Court protects freedom of expression while targeting real harm. The Liberal government seeks to overturn that Supreme Court definition with Bill by replacing that decision with a new subsection 319(7), which is found in Bill C-9. In this new subsection, the Liberals wish to redefine hatred as “the emotion that involves detestation or vilification and that is stronger than disdain or dislike”. Removing the word “extreme” lowers the threshold that the Supreme Court put in place to protect free speech.
By focusing on emotion rather than extreme manifestations, the government’s new definition shifts attention to feelings rather than actual harm. Under the Liberal Bill , citizens may self-censor, and prosecutors would also gain wide discretion to pursue cases based on perceived emotion, not demonstrable harm. This creates a real risk that individuals may be penalized for strong dissent, even without intent to incite hatred.
Why does this matter? It is important to recognize that these harmful parts of Bill could cause real issues for freedom of speech. Removing the Attorney General's consent and watering down the definition of “hatred” directly threaten our fundamental freedom of expression, which is contained in subsection 2(b) of the charter. Once charged with hate speech, a person's life can be ruined long before a verdict, with careers lost, reputations destroyed and families fractured. Bill amounts to cancel culture that is enforced by government power.
Laws that protect against hatred toward Christians, Jews, Muslims or any faith group must be enforced under existing laws contained in sections 318 and 319. Bill would not create new protections; it would create a fake law. It pretends to fight hate while really concentrating power in Ottawa. By removing the Attorney General’s oversight and inserting a vague new definition of hatred, this bill would give the government a tool to harass dissenters and weaponize the law for political gain.
Hate is real, and it must always be confronted, but we do not confront hate by weakening democracy. We do not confront hate by stripping away safeguards, criminalizing emotions and centralizing power in Ottawa. The true test of our democracy is not how we treat speech that we agree with, but how we protect the freedom of those with whom we profoundly disagree. Bill fails that test. It risks turning the coercive apparatus of the state into a weapon of dissent.
I stand here not just as a member of Parliament for the good people of Haldimand—Norfolk, nor as a lawyer, but as a Canadian and a Christian who believes that freedom of expression is sacred. We already have the laws to punish genuine hatred. We must now guard against a government that uses the language of protection as a cloak for control.
:
Mr. Speaker, as always, it is an honour to rise in the House on behalf of the people of Oshawa. They have entrusted me to be their voice here in Ottawa.
Today I rise to speak to Bill , the government's proposed combatting hate act. Let me begin where I think we all agree: I believe that every member of the chamber rejects hate and extremism. Every member should want Canadians to feel safe in their home, in their school, in their place of worship and in their community spaces. Police and prosecutors must have the right tools to protect Canadians from real threats, but the question before us is not whether we oppose hate; the question is whether Bill would be the serious, effective law Canadians need, or whether it would be a flawed, politically motivated gesture.
Canadians have lived with rising hate in recent years. Jewish, Muslim, Sikh, Hindu, indigenous and Christian communities have all faced threats, vandalism, harassment and violence. It feels like the government is not really serious about combatting hate crime, as we see the bill arrive now, seemingly timed to coincide with politics. The sad reality is that it feels as if Bill is less about protecting Canadians and more about protecting Liberal political standing.
After the October 7 massacre in Israel, when Hamas brutally attacked innocent civilians, Jewish Canadians here at home immediately faced an unprecedented wave of anti-Semitism. Synagogues were vandalized. Students were harassed simply for attending school. Jewish communities lived in fear. The Liberals' response was that they waited, and then they introduced the bill that is before us so they could say to Jewish Canadians, "Look what we did for you.”
At the very same time, they moved to grant recognition to Palestine, despite the fact that Hamas still holds innocent hostages to this day and was even responsible for the deaths of multiple Canadians. That sends a troubling mixed message; it shows that the government is more interested in political symbolism than in confronting hate with urgency and clarity.
My friend Paula Kelly, when she heard about the bill, sent me this; “my rant", she called it. She said, “it was done to tell minority communities, especially [mine,] the Jewish one, ‘Look what we did for you. You see, we care.’ Then an about turn, and they recognize Palestine [at the worst possible time]. They make me so angry. And how stupid do they think the Jewish community is? And may I add, laws are already in place; [we] just have to enforce said laws.”
Let us not ignore another reality: anti-Christian hate has been rising in Canada, yet it receives little acknowledgement from the government. Since 2021, more than 100 Christian churches have been burned or vandalized, many of them through confirmed arson. These were not just buildings; they were places of worship, community centres and anchors for families, seniors and entire congregations that have been left traumatized.
When synagogues were attacked, when mosques were threatened, when gurdwaras were defaced, leaders rightly stood and denounced those crimes, but when Christian churches were burned, the silence from the federal Liberal government was deafening. If we are serious about combatting hate in all its forms, then we must call it out consistently, no matter who the target is. Hate is hate. Every faith community deserves equal recognition, equal protection and equal respect.
One of the most troubling aspects of Bill is how it carelessly mis-characterizes cultural and religious symbols. For millions of people around the world, a sacred symbol of peace and prosperity has been part of their faith and tradition for thousands of years, yet in the legislation, that same symbol is lumped together with hate imagery, as though it were born of extremism.
I want to be clear that the concerns are not just abstract legal ones. I have heard directly from communities in Oshawa and across the Durham region that are deeply troubled by how the bill mis-characterizes their sacred symbols. For them, what the government is labelling as hateful is in fact a symbol of peace, faith, and prosperity, something that has been part of their cultural and religious tradition for thousands of years.
These residents told me that they now worry that their heritage could be stigmatized or even criminalized because of vague and sloppy drafting in Bill . They feel unseen and unheard and unfairly associated with hate that has nothing to do with their faith.
It is my duty to bring their voices to this chamber. If we are serious about combatting hate, then we must do it with precision and cultural understanding. Sweeping up sacred traditions in the same net as extremist symbols is not only insulting; it undermines the very fairness Canadians expect from their lawmakers.
Another concern is that Canada already has hate laws. The Criminal Code already prohibits advocating genocide, promoting hatred and committing hate-motivated crimes. Bill would not create new protections; it would simply make certain hate-motivated conduct a separate offence.
What would that achieve? It would achieve more paperwork, more duplication and more symbolism, and perhaps even shorter sentences would be possible. Canadians do not need symbolic legislation. We need laws that are clear, enforceable and effective.
The bill would also remove the requirement for the Attorney General's consent before hate propaganda prosecutions. That safeguard has long ensured that prosecutions are pursued responsibly and consistently. It has prevented frivolous or ideological complaints from overwhelming the courts. Police and prosecutors themselves recognize its value. Removing it would risk abuse and misuse, specifically in private prosecutions.
Then, of course, there is the definition of hatred, as mentioned by many of my colleagues before me. Bill would codify the definition from the Supreme Court, but it would deliberately strip out important words. By lowering the threshold, the government would risk capturing speech that, while offensive, would remain protected in a free democracy. In a country like ours, people must be able to express views, even unpopular ones, without fear of criminal prosecution, as long as they do not cross into true hate or incitement. Again, these laws already exist.
When the scope of criminal law is expanded carelessly, we risk over-criminalization and uneven enforcement. We risk focusing on political optics instead of the real threats that Canadians face from violent extremists and repeat offenders.
Canadians deserve better than symbolic gestures and flawed drafting. They deserve laws that confront hate directly, consistently and effectively while also defending the freedoms that define us as Canadians. We must protect synagogues, mosques, churches, gurdwaras, schools and cultural centres from threats and intimidation. We must also protect free expression, peaceful protest and civil liberties.
Bill , as written, would not get that balance right. Our duty in this House is not to rubber-stamp legislation; it is our duty to scrutinize it and to challenge it and to demand better, so that every Canadian can live free from hate and free from fear while also being free to speak, free to believe and free to assemble. That is the balance Canadians expect us to strike. That is the balance we must deliver.
:
Mr. Speaker, I am going to split my time with the member for .
This legislation, in my view, is flawed and redundant. We already have laws to cover what this legislation would be doing. I am going to talk about the real issue that I see, which is enforcing criminal laws in our country. It is one of the problems we have in our country right now, not the lack of laws. I also want to talk a bit about what we should be talking about, which is our Conservative plan to combat crime. There are real crimes happening in our country and real problems that everyday citizens are facing, and we need to take action. That is what we need to talk about.
I am not a lawyer, but frankly, anything to do with stopping hate sounds like a good thing. When I first looked at this bill, it seemed like something I would maybe be interested in supporting. However, as I started talking to people, I heard a lot of people say they were for it and a lot say they were against it. A lot of issues started coming up, and I realized that maybe a bit more needed to be looked at in this bill.
Instead of reading about the bill, I grabbed the bill and looked at it to see what it actually said, and I found some interesting things. The first thing I noticed as I read the bill is that it would create a new intimidation offence. It would prohibit conduct intended to provoke fear in order to impede access to religious, cultural, education or community places. In other words, if there was a demonstration outside a church, mosque or synagogue and a person trying to go there felt intimidated and did not feel safe, that is what this bill is referring to. Okay, that is fine, but we already have subsection 423(1) of the Criminal Code, which is about using intimidation to stop people from doing something lawful. It is not so much that we are lacking the law to protect our religious, cultural, educational and community places, but it is that we do not tend to enforce the law that is already there.
I kept reading the bill and found a second offence that it would create, a new obstruction offence, which would prohibit intentionally obstructing or interfering with lawful access to religious, cultural, education or community places. That is a whole other level of intimidation when someone cannot physically get there. Once again, we already have laws for this. There are subsections 176(2) and 176(3) in the Criminal Code, for obstructing or disturbing religious services or meetings. It is already an offence. There is also section 264, which deals with criminal harassment, threats and stalking. These are long-standing offences that have been used in many different cases, but there is often a lack of enforcement of these laws in the specific circumstances related to churches and other religious institutions.
I found a third criminal offence that the bill would create, which is a new hate crime offence. It proposes to establish that any federal offence motivated by hatred would be a distinct offence with elevated penalties. We already have laws against hate. In fact, section 718.2 of the Criminal Code makes hate an aggravating factor when someone is convicted. In other words, if a person is convicted of assault, mischief or some more serious crime and it was motivated by hate, a judge can add hate as an aggravating factor, which would make the sentence that much longer. It would make the offence that much more serious to the person. We already have this, and again, it is just not enforced as much as it should be.
A fourth offence would be created by this bill, a new hate propaganda offence, which would prohibit the public display of certain hate or terrorist symbols with intent to promote hatred against an identifiable group. An unfortunate example of this happened just a week ago in St. Thomas, where a family that moved into a neighbourhood was promoting a lot of anti-Semitic material and songs and a swastika was mowed into the lawn. Guess what. Two people were arrested and charged with criminal harassment, public incitement of hatred and mischief. This just happened. We obviously have not passed this bill yet, yet the police had the laws and tools they needed to charge these two people. Fortunately, in this case, charges were laid.
There are of course even more laws. There is a hate propaganda law in section 318, even for things like advocating genocide. There is section 319, for public incitement likely to cause a breach of the peace. Subsection 319(2) deals with the wilful promotion of hatred, and subsection 319(2.1) is about the wilful promotion of anti-Semitism. Of course, there is section 430, which deals with mischief to property motivated by hate. That is already an indictable offence with a maximum penalty of 10 years. We have all of these laws on the books that deal with the subject matter that this particular legislation is talking about.
I kept reading because there was more. There were a couple more things that I found. The first was that the law removes the requirement for the Attorney General to agree to lay hate charges. There are pros and cons to this. Some would say that this is a roadblock and that it makes it difficult to lay hate charges. Others would say that it also prevents vexatious charges from happening. It provides that sober second thought to make sure that this does indeed reach the bar of a hate crime. Removing the requirement for the Attorney General is maybe not the best idea.
The other thing that I found, the last thing, was that it removes the word “extreme” from the definition of hatred. Instead of extreme bias or hatred toward a particular group, it says bias or hatred toward that group.
Again, it lowers the bar a little, making it a little easier for vexatious charges to be laid, which is concerning to me. We have to be careful that we do not give too much power to the state when it comes to maintaining our freedoms. It is a balance that we have to be really careful with. If we take all of that together, the legislation does not actually do a whole lot. In terms of the first points that I made, we already have the laws to cover what we need to do here. It is just those last two things, which are relatively small, I would say, that it changes.
This is really window dressing. It avoids the real problem, which I have mentioned a few times, and that is proper enforcement. To be clear, I am not criticizing the police. In fact, if we were to talk to any police officers about any kind of crime in our country, they would say that they are very frustrated. They want to enforce the laws, but they have a lot of problems and a lot of things holding them back. For example, they know that criminals will just end up getting bail instead of going to jail, which makes it very difficult for them to arrest people. There is a lack of will at the civic, provincial and even federal levels among prosecutors to actually prosecute these crimes. Therefore, police are not empowered to lay these charges, because the prosecutors will simply not prosecute them.
Conservatives believe in protecting vulnerable communities; we also believe in free expression, religious freedom and peaceful protest. These are the things that we need to balance. My concern with the legislation is that it would tip the scales a little bit too much toward giving a lot of power to the federal government. I am concerned about free expression.
We need to target hate crimes with real enforcement instead of targeting law-abiding Canadians. I want to point out that the symbol part of the legislation can be very tricky as well. Symbols are used in many different situations. Of course, there is the example with the Hindu community, which has used what we would call the swastika for eons as one of its sacred symbols. It has very positive meanings for them, but the Nazis took that symbol over and called it the hakenkreuz, and that became their symbol of Nazism. Therefore, we have to be very careful not to outlaw a symbol that is very meaningful to certain groups. We have to be very careful.
Briefly, I want to speak about what the government should be focusing on, in my opinion. This corresponds to what we believe as Conservatives, which is that we should be focusing on the real crime issues that we have in our country. We should be helping our Canadian residents to feel safe in their own neighbourhoods, but they do not feel safe right now. We should be helping police forces, prosecutors and courts to do their jobs. We should be helping them to get things done.
We have a lack of timely follow-through. Charges get dropped. There are weak sentences. This comes back to some of the legislative changes that the Liberal government has made. Bill and Bill were reforms that it undertook to eliminate a lot of mandatory minimum sentences, to reduce the sentencing times, to actually create house arrest, to allow criminals to get out on bail rather than going to jail. These are the things that are causing the problems in our cities and our country today. These are the issues that my constituents, and I think all of our constituents, talk about.
These are the issues that we should be debating and changing in the House.
Where is the Liberal bill to undo the bail reforms that Liberals made, to get criminals back in jail rather than out on bail? We are still waiting. We have been promised this for months, and it has not happened. Everybody is asking for this. Mayors are asking for this. Provincial premiers are asking for this.
We really need to move forward. I want to reiterate that I believe Bill is flawed. We need to focus on what we need to do to fix the problems that we have with our laws in our country so that Canadians can feel safe in their neighbourhoods, so that Canadians can have peace and so that they can live in harmony and practise freedom.
:
Mr. Speaker, first, as a preamble that really should go without saying, there is no disagreement in any corner of the House about the values that should underlie this legislation. We all value a safe Canada where every single human is free to live their lives as their fullest selves irrespective of their race, religion, ethnicity, language, physical or mental disability, etc. There is no member in this House who wants to see hate or the symbols of hate that the present legislation deals with displayed or promoted in any way in our country or in any other country. I think we remain unanimous in the House in condemning hate, hate crimes and hate propaganda.
However, a careful distinction must be brought to bear between condemnation and criminalization, and we must always note this. When we approach discussions of criminalization, it should be with humility. If I could wave a magic wand and stop anyone in this country from ever propagating any hate or committing a hate crime, I swear I would do it, but such magic is not one of the powers vested in us as elected representatives. We can only modify the criminal justice system, and we must be alive to the unintended consequences that such modifications could have.
In that spirit, I would honestly like to raise with the members opposite the following concerns I have with this legislation. Number one, would it drive hate organizations underground? It is said that sunlight is the best disinfectant. When the introduced this legislation, my thoughts immediately turned to the famous and thankfully aborted Nazi rally in Skokie, Illinois, of 1977. It is a very famous case, in part because the ACLU lawyer who fought for the right of those marchers to march was David Goldberger, who was a very proud Jew. Reprehensibly, the marchers chose Skokie, Illinois, because there was a high proportion of Holocaust survivors there whom they sought to terrify. On the date of the march, 20 broken and twisted individuals wearing Nazi hakenkreuzes were met by 2,000 counterprotesters shouting them down. No violence occurred, and the cowardly traitorous Nazis went home without marching.
A recent ABC News article quotes the current mayor of Skokie, Illinois, saying that looking back 40 years later, many positive things came out of that day. Previously, the Holocaust survivors in Skokie, he says, “were a very quiet group” who did not talk about their experiences, but he said these events “ignited a passion in them”, and they founded the Illinois Holocaust Museum & Education Center within two years of that day. The ABC News article notes that both Bill Clinton and Barack Obama have recognized the incredible work that museum does.
In many ways, John Stuart Mill can be thought of as the founder of the Liberal tradition that gives the Liberal Party its name. This is what he had to say about false and hateful opinions: “though the silenced opinion be an error...it is only by the collision of adverse opinions that the remainder of the truth has any chance of being supplied.” That is to say that no one wants to hear from hateful miscreants. No one in this House does, but when we do, we must take it as a solemn opportunity to perhaps not change their minds, but loudly and with facts and arguments disabuse whatever listeners they may have of the poison they utter.
With the words of John Stuart Mill and the examples of the Skokie counterprotesters in mind, I ask the this admittedly counterintuitive question: By driving hate into the fetid swamps of Discord or whatever website has replaced 4chan, does it deprive our communities the opportunity to denounce it in person and to show people in the real world that their views are not welcome and that their movement has no purchase among the 99.9% of Canadians who value each other's fundamental rights and freedoms? As a sub-concern, if it is allowed to fester in these dark corners of the Internet, when it does finally burst out, is it more likely to do so in a form worse than a flag or symbol? I do not ask this question lightly, and it brings me to my second concern with the proposed legislation.
In some comments I made following a speech about criminal justice, I expressed concern that the deputy government House leader seemed more concerned with abstractions rather than concrete occurrences. On this side of the House, we pride ourselves on our concern for concrete occurrences. As a Canadian, I am terribly upset, disgusted and disappointed that Jewish individuals have been harmed by criminal psychopaths because of who they are. A man was beaten up in front of his children in Montreal this summer. A few weeks ago, a woman was stabbed in the kosher food section of a local Ottawa grocery store. Less well known is that in the spring of 2024, a 15-year-old Israeli immigrant to Canada was attacked at school for her place of origin. In that case, I believe it took two weeks before the police even deigned to lay charges.
In my own circle of physician friends, I am sorry and ashamed to report that some Jews have left Canada permanently because of the lack of safety these concrete events demonstrate. I want dearly for my Jewish friends to feel safe to return to Canada.
Year after year, we have increases in violent crime in Canada. We have seen ongoing increases in every classification and every sort of violent crime. These increases, I am sorry to say, started in 2015. In every class of violent crime, we have seen a failure of the Liberal government to keep the bad guys in jail.
It is my understanding that the wilful promotion of hatred, whether with a symbol or a flag or a speech or a newspaper article, is already illegal in Canada under subsection 319(2) of the Criminal Code. It is furthermore my understanding that intimidating a person who seeks to enter a place of worship or any other place is already illegal under section 423 of the Criminal Code. However, we have seen very many infractions of these already-existing laws in the targeting of religious minorities. I may go so far as to say that every religious minority is dealing with more infractions of these laws in just about every Canadian city. In fact, every Canadian is dealing with more of every sort of crime. This is why I fear that the present bill is an abstraction and a distraction.
We need concrete measures. We need the violent and hateful people who do these sorts of things, who break our laws, to go to jail and stay in jail. Conservatives have proposed such measures to put the bad guys in jail. I earnestly beg the members opposite to take us up on it. Let us do these concrete things.
Those are my twin concerns. By removing the consent of the Attorney General and watering down the definition of hate, would the Liberals cast a wider net, driving cranks and loons underground, where they might become more hateful and, God forbid, more violent? Why would they cast a wider net when they are already refusing to use the smaller, more targeted net that they have? Why do they refuse to repeal their irresponsible bail laws that let violent psychos back on our streets again and again? I ask the questions in good faith.
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Is the House ready for the question?
Some hon. members: Question.
The Assistant Deputy Speaker (John Nater): The question is on the motion.
If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
Hon. Kevin Lamoureux: Mr. Speaker, I ask that it pass on division.
The Assistant Deputy Speaker (John Nater): I declare the motion carried.
Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.
(Motion agreed to, bill read the second time and referred to a committee)