Proposed “Combatting Hate Act” expands the legal definition of hatred and removes key free expression safeguards in the Criminal Code.
The House of Commons has closed debate on Bill C-9, the “Combatting Hate Act.” The Bill expands and codifies the definition of “hatred,” departing from the Supreme Court’s strict requirement of “vilification and detestation.” It removes the longstanding good faith religious speech protections for sincerely held religious opinions and expressions based on religious texts in the Criminal Code and eliminates the requirement for Attorney General consent before charging individuals with certain hate crime offences. The Bill also creates a new offence that applies when an underlying offence—even a non-criminal one—is motivated by hatred, potentially doubling the penalties for the underlying act.
The Bill has faced opposition from civil liberties groups and religious organizations. TDF was invited to testify before the Standing Committee on Justice and Human Rights and filed a brief outlining its serious misgivings.
“Ironically, the government has moved to end debate on issues of public concern for a bill that would end debate on issues of public concern. The Bill empowers prosecutors to bring charges based on the merest suggestion that the impugned conduct is motivated by an ill-defined concept of “hatred,” massively increasing potential jail time and legal jeopardy for defendants. In our experience, these types of offences tend to be laid against marginalized and working-class people rather than powerful elites and political insiders. However, all Canadians can expect greater digital censorship and increased online police surveillance if the Bill becomes law. We only have to look at the UK example, where police make approximately 12,000 annual arrests for online “hate incidents” under similar legislation.”
The Bill now moves to a vote at the justice committee. After that, it will proceed to the report stage and third reading before advancing to the Senate.
TDF will continue to oppose the Bill and all attempts by the government to censor Canadians.
Hellbound and Down 