A Canadian parliamentary committee has set in motion a change that could recast the balance between expression and state control over “hate speech.”
Members of the House of Commons Justice and Human Rights Committee voted on December 9 to delete a longstanding clause in the Criminal Code that shields religious discussion made in good faith from prosecution.
The decision forms part of the government’s Combating Hate Act (Bill C-9), legislation that introduces new offences tied to “hate” and the public display of certain symbols.
The focus is on Section 319(3)(b), which currently ensures that “no person shall be convicted of an offence under subsection (2)…if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text.”
That safeguard would vanish if the Bloc Québécois amendment approved this month survives the remaining stages of debate.
Liberal MPs backed the Bloc’s proposal, which Bloc MP Rhéal Éloi Fortin introduced after his party leader, Yves-François Blanchet, made its passage a precondition for Bloc support of the bill.
Fortin argued that the religious exemption could permit “someone could commit actions or say things that would otherwise be forbidden under the Criminal Code.”
The amendment was adopted during a marathon session that came only after the committee chair, Liberal MP James Maloney, abruptly ended an earlier meeting and canceled the next one to allow MPs time to “regroup.”
On December 9, the committee returned for an eight-hour clause-by-clause review, with government members determined to complete key sections of the bill before the winter recess.
The broader legislation targets intimidation around religious institutions and bans the display of defined “hate” and “terrorism” symbols.
Yet most debate now centers on whether the change to Section 319(3)(b) opens the door to criminal proceedings against clergy or believers discussing moral or scriptural teachings.
As reported by The Catholic Register, Justice Minister and Attorney General Sean Fraser alleged that the measure poses no threat to religious freedom. “The amendment that the Bloc is proposing will … in no way, shape or form prevents a religious leader from reading their religious texts,” Fraser said. “It will not criminalize faith.”
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