CCLA: Bill C-9 Risks Criminalizing Peaceful Protest

On September 19, 2025, the Government of Canada introduced Bill C-9 with the declared intent to make Canadians safer. Instead, this legislative proposal creates new criminal laws that could make the denial of fundamental freedoms much easier.

“We must all work together to combat hatred and build a more inclusive, equal society.” said Anaïs Bussières McNicoll, Director of the Fundamental Freedoms program at the Canadian Civil Liberties Association. “However, we must also remember that criminal law is not the solution to every social problem. As drafted, Bill C-9 risks criminalizing some forms of protected speech and peaceful protest – two cornerstones of a free and democratic society – around tens of thousands of community gathering spaces in Canada.”

“People living in Canada are entitled to physical safety and have the right to worship safely.  These are already protected by existing law”, said Howard Sapers, CCLA Executive Director.  “The majority of Bill C-9 does not address a gap in the law. Current offences such as mischief, intimidation, threats and harassment already give police the tools they need to protect public safety.”

“The new intimidation offence is far broader than existing prohibitions and could criminalize peaceful protests simply because they are seen as disruptive”, continued Bussières McNicoll. “The penalty of up to ten years in prison is very severe and could push activists into silence.”

“The new offence criminalizing the wilful promotion of hatred through the public display of certain terrorism or hate symbols increases the risk of stigmatizing and criminalizing peaceful protesters, in part because listing organizations on Canada’s terror list is a highly political decision”, said Bussières McNicoll.

“The new hate crime offence risks stigmatizing defendants throughout the entire judicial process, while they are still presumed innocent. The sentencing judge should continue to be responsible for labeling a defendant’s motivations and weighing their aggravating impact on sentencing, once a defendant has been found guilty of a criminal offence and all relevant evidence has been heard”, said Bussières McNicoll.