Claims that Canada's proposed Bill C-9, The Combating Hate Act, threatens religious freedom are false and constitute misinformation, according to a prominent criminal lawyer. Joseph A. Neuberger, Chair of the Canadian Jewish Law Association, asserts the legislation operates within long-established constitutional boundaries.
Charter Protections Remain Unchanged
In an article published on January 13, 2026, Neuberger emphasizes that religious freedom is explicitly protected by Section 2(a) of the Canadian Charter of Rights and Freedoms. He states that decades of court decisions have affirmed this as a core guarantee, and nothing in Bill C-9 amends, limits, or conditions that protection.
"The bill does not interfere with worship, belief, religious teaching, sermons, or doctrine," Neuberger writes. "To suggest otherwise is to assert a legal effect that simply does not exist."
What Bill C-9 Actually Does
The proposed federal legislation aims to update parts of the Criminal Code dealing with hate-motivated conduct, hate propaganda, and the public promotion of terrorism. Its purpose is specifically to address conduct that causes serious harm, including the glorification of terrorist groups and extreme hatred directed at identifiable communities.
Neuberger clarifies the bill's scope:
- It does not regulate belief, worship, sermons, or religious teaching.
- It does not criminalize disagreement or political debate.
- It relies on the existing legal threshold for hatred, as defined by the Supreme Court of Canada in Regina v Keegstra, which requires extreme vilification and dehumanization.
"The Charter does not protect — because it never has — threats, intimidation or the deliberate promotion of violence or terrorism," he notes, highlighting the settled distinction between protected belief and unprotected conduct.
Addressing Misinformation and Real-World Impact
Drawing on his 32 years of experience as a criminal lawyer and his work with the Canadian Jewish Law Association, Neuberger points to a rise in hateful conduct since October 7, 2023. He reports working with individuals who have faced harassment and intimidation, and contributing to antisemitism training for police.
"The pattern is consistent: When hateful conduct is excused or ignored, it escalates," he observes. He argues that much of the opposition to the bill rests on a misunderstanding of free expression and religious liberty, noting that no democratic society treats the glorification of terrorism as a protected freedom.
Neuberger, who states he has supported Conservative campaigns, warns that the real danger is allowing false claims about religious freedom to obscure the law's actual purpose. "Bill C-9 is not the only answer to the rise in hate, but it is necessary," he concludes, stating it provides authorities with additional tools to combat symbols of terrorist entities and protect vulnerable institutions like synagogues and schools.
Read plainly, Bill C-9 respects constitutional freedoms while reaffirming a basic principle: Freedom does not include the right to promote hatred or terror.
