Bill C-9 Was Supposed to Fight Hate. Instead, It’s Being Rushed Through Parliament and Threatens the Rights of Every Canadian

MONTREAL — Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program, made the following statement after the federal government forced the House of Commons’ Justice Committee to finish the study of the Combatting Hate Act:

Yesterday, the federal government forced the House of Commons’ Justice Committee (JUST) to finish the study of Bill C-9 — the Combatting Hate Act.

No more debate – just get it done, despite the bill’s numerous flaws.

The government is now set to push C-9 through, giving the House of Commons a maximum of two days for the Report stage and Third Reading.

This should alarm every Canadian who cares about democratic practice and free expression.

Antisemitism, Islamophobia, and racism are on the rise. Communities across this country are worried, and they deserve protection. But Bill C-9 doesn’t solve this complex issue. Instead, it hands the government a blunt instrument that history tells us will be turned against the very people it’s supposed to help.

More than 40 civil society organizations, representing communities of various backgrounds, raised serious concerns about this bill back in the fall. They warned that its vague language could be used to criminalize peaceful protest and silence unpopular expression. Instead of meaningfully addressing these concerns, the truncated Committee process did very little to improve the bill and actually made the bill worse by removing the Criminal Code’s good-faith religious defense without putting anything adequate in its place.

Criminal law changes that affect freedom of expression deserve careful scrutiny, not procedural power plays. By forcing the Committee to wrap up without addressing the concerns raised by dozens of faith-based and civil society organizations, the government is sending a message: getting this legislation passed matters more than getting this legislation right.

That’s not how you combat hate or build trust with communities that are already vulnerable.

Punitive laws that criminalize expression don’t stop hatred. They hand governments a tool that, time and again, gets used against Indigenous peoples, racialized communities, protestors, and dissidents.

We urge parliamentarians to reject any piece of legislation that undermines democratic norms and the civil liberties of people in Canada.