Justice Minister Sean Fraser suggested Thursday that a bill targeting terror and hate symbols would not outright criminalize those displayed at protests.
Bill C-9 and Its Provisions
Fraser appeared before the Senate committee on human rights to testify about the government’s legislation known as C-9, which seeks to introduce new criminal penalties for those who impede or intimidate someone from being able to access buildings like places of worship. It also proposes to make it a crime to intentionally promote hate against an identifiable group by displaying certain symbols in a public place.
Minister's Clarifications
“We could have decided to move forward with a version of the bill that simply criminalized the display of a symbol,” Fraser told committee members. “There would be obvious constitutional concerns, and we wanted to scope out protests, and in fact have included specific language in the bill to that effect.”
He defended how the bill has been structured in such a way to guard against the possibility of future ministers deciding what new symbols could be banned, suggesting that power “could be abused.” Fraser said the bill was written to maintain “a very high threshold” for what constitutes as hate. He noted that consideration would first have to be given to the crime of the “willful promotion of hatred before you engage in analysis as to whether the hate symbols piece would be engaged.”
Concerns from Senators and Advocacy Groups
Senators cited concerns that had been raised from previous witnesses, including from community advocates, on how the measure would be enforced, training for police, and the reality that terror symbols evolve. Some organizations, including the National Council of Canadian Muslims, have specifically flagged worries over how members of the Muslim community may be targeted by the proposed anti-terror symbols offence because terror groups may co-opt Islamic phrases such as the Shahada, which could lead to charges being laid by “over-zealous officers” against protesters rallying for “Palestinian solidarity.”
Jewish advocacy groups have welcomed the government’s plan to target terror symbols, with the Centre for Israel and Jewish Affairs outlining in its submission to the Senate committee that it would help prevent dangerous ideologies from spreading. “The glorification of listed terrorist entities should carry meaningful consequences,” it wrote.
Current Legal Context
Canada, unlike other jurisdictions like the United Kingdom, does not have a standalone offence that targets activities that glorify or promote actions of a terrorist group. Rather, its anti-terror laws target those who contribute financially or direct others to participate in terrorist activity. Calls for police and the federal government to crack down on activities seen as glorifying terror have rung out since protests and antisemitic violence erupted in major Canadian cities in the wake of Israel’s war in Gaza, triggered after Hamas’ militants stormed southern Israel on Oct. 7, 2023, killing 1,200 people and taking hundreds hostage.
