OTTAWA — Justice Minister Sean Fraser is advocating for the swift passage of a new bill aimed at preventing the obstruction of places of worship, schools, and community centers. This legislation is expected to be introduced this week, marking the first significant initiative from Prime Minister Mark Carney's government since Parliament reconvened for the fall session.
Fraser has not yet engaged in discussions with other political parties to seek unanimous consent for the bill's passage, similar to the approach taken for a previous bail reform package in 2023. However, he expressed a willingness to facilitate conversations among House leadership. "My goal here is to have the expeditious passage of the legislation," he stated as he entered a Liberal caucus meeting on Wednesday.
He emphasized the importance of allowing parliamentarians to express their community's concerns during the legislative process. "Should parliamentarians wish to engage in a meaningful debate — I think it’s important that they’re given the opportunity to voice the concerns of their community, and I wouldn’t want to shortcut that process," Fraser said. He added that if there is consensus in the House, there should be no unnecessary delays in addressing the pressing issue of hate.
Fraser highlighted a concerning rise in hate-related violence across Canada, particularly following the October 7 attacks against Israel and the subsequent conflict with Hamas. In response, Jewish leaders and organizations have urged the federal government to establish "safe access zones" around places of worship and community centers to protect against protests and violence.
The government has faced criticism from various groups demanding more action to combat the increase in antisemitism. Concurrently, civil liberties organizations have challenged similar measures in other jurisdictions. The Canadian Civil Liberties Association has initiated a Charter challenge against a by-law in Vaughan, labeling it an "anti-protest law" and asserting that non-violent protests are a democratic right.
Fraser noted that the government is guided by the Supreme Court of Canada in discussions about hate crimes and free expression. "We think we’ve done a good job to specifically accommodate Canadians’ right to free expression," he remarked.
Toronto Liberal MP Nate Erskine-Smith commented on the importance of the bill's details, stating that the government is correct to pursue measures against antisemitism. "As parliamentarians, we’ve got to do our work and to review that legislation, to provide that accountability function and to approve it where we can, and we’ve got to make sure we strike the appropriate balance between protecting free speech and protecting people’s safety and accessing and attending faith services. I think we can do that," he said.
The proposed legislation would make it illegal to "intentionally and wilfully obstruct" access to places of worship, schools, and community centers. Additionally, the Liberals have pledged to criminalize threats made against individuals attending these locations.
Fraser indicated that the government may expand its efforts beyond the initial platform commitments. He has not ruled out incorporating elements from the previously proposed Online Harms Act, which aimed to allow human rights complaints regarding hate speech and impose stricter penalties for hate-related offenses. This act also suggested creating a new peace bond to prevent potential hate crimes, with conditions determined by a court.
These measures faced significant backlash from civil liberties advocates, academics, and the Opposition Conservatives, who argued they could infringe on free speech.