The Liberal government has struck a pivotal deal with the Bloc Québécois, agreeing to eliminate a key religious exemption from Canada's hate-speech legislation. This move is designed to secure the necessary parliamentary support for the government's flagship bill targeting hate and terror symbols, Bill C-9, the Combatting Hate Act.
The Core of the Agreement
According to a senior government source familiar with the negotiations, the agreement centers on a significant amendment to the Criminal Code. Currently, the law provides an exemption for speech that would otherwise be considered hateful or antisemitic if it is delivered in good faith and based on a religious text's interpretation. This so-called 'sincerely held religious belief' defence will be removed.
The source, who spoke on condition of anonymity, confirmed that the removal will be accomplished through an amendment at the parliamentary justice committee. "We do have Bloc partnership," the source stated, adding that the bill, even with these amendments, is now in a place where both Liberal and Bloc MPs are satisfied.
In a related concession, the Liberals are also expected to back away from another controversial element of the original bill. They will support a Bloc-requested amendment to retain the requirement for a provincial attorney general's consent before pursuing a hate-propaganda prosecution. The government had initially argued that removing this step would streamline the process, but critics viewed it as an essential safeguard for free speech.
Context and Content of Bill C-9
Introduced earlier this fall by Justice Minister Sean Fraser, Bill C-9 represents the first major justice legislation from Prime Minister Mark Carney's minority government, fulfilling a campaign promise. The bill was drafted in response to what the Liberals describe as a rise in police-reported hate incidents, notably following sustained anti-Israel protests over the past two years.
The legislation proposes several key changes to the Criminal Code. It aims to create a new offence for intimidating individuals to block their access to a place of worship or similar centre used by an identifiable group. Furthermore, it seeks to criminalize the act of promoting hate by publicly displaying a hate symbol or a symbol tied to a listed terrorist entity, such as a swastika.
Political Reactions and Next Steps
The deal with the Bloc Québécois is crucial for the minority Liberals to advance the legislation. However, the Official Opposition Conservatives have been highly critical of the bill. They have lambasted it as a form of censorship, arguing that sufficient tools already exist within criminal law to counter hate. The Conservatives had specifically defended the attorney general's consent provision as an "important safeguard."
With the Bloc's support now secured through these amendments, the path forward for Bill C-9 at the justice committee is clearer. The changes mark a significant policy shift, narrowing the legal defences available for speech that could be deemed to promote hatred against identifiable groups, regardless of its purported religious origins. The development sets the stage for further debate on the balance between combating hate speech and protecting fundamental freedoms in Canada.
