OTTAWA — Advocates from various civil society and faith groups gathered on Wednesday to express their concerns about the expanding scope of the Liberal government's legislation aimed at combating hate. This meeting coincided with the parliamentary justice committee's review of Bill C-9, which is set to include votes on several amendments. One significant amendment proposed by the Bloc Québécois seeks to eliminate an existing religious defense in the Criminal Code related to certain hate speech laws. This change was not part of the original bill introduced by Justice Minister Sean Fraser in September.

The Bloc Québécois has long advocated for the removal of this defense, and they reached an agreement with the Liberals to facilitate its inclusion in exchange for support in passing the bill. Khaled Al-Qazzaz, executive director of the Canadian Muslim Public Affairs Council, voiced his concerns, stating that the bill, initially focused on protecting spaces around places of worship, is now “ever-expanding in ways that is unprecedented.” His organization, along with the National Council of Canadian Muslims, the Canadian Council of Imams, and the Christian Legal Fellowship, opposes the removal of the religious defense under section 319 of the Criminal Code, which addresses the willful promotion of hate and antisemitism.

Currently, the law allows individuals to avoid conviction if they express opinions in good faith on religious subjects or based on religious texts. Al-Qazzaz warned that removing this provision could restrict how religious texts are discussed in religious schools and society at large. The justice committee meeting on Tuesday was adjourned at the request of the Liberals, with the Bloc Québécois agreeing, before the amendment to remove the defense was formally introduced. Amendments are kept confidential until discussed in committee.

Opposition Conservatives have expressed their intent to oppose the removal of the religious defense, labeling it an infringement on religious freedom. They left the committee meeting, citing confusion and a willingness to continue discussions on future amendments. A government source indicated that the adjournment was due to a belief that opposition members were acting in good faith.

The next committee meeting is scheduled for Thursday. Lola Dandybaeva, a spokeswoman for Fraser, stated, “We remain open to amendments that strengthen protections for communities across Canada in the face of rising hate.” One agreement reached during the committee meeting was to maintain the requirement for provincial attorney general consent before laying hate propaganda charges, a proposal that had been suggested for removal to streamline the process.

Civil liberties advocates and Conservatives opposed this removal, arguing it is essential for protecting freedom of speech. Concerns were also raised about other proposed amendments from Conservative MP Roman Baber and Liberal MP Anthony Housefather, which aim to introduce an offense for the “willful promotion of terrorism.” Currently, Canada lacks laws specifically addressing the promotion or glorification of terrorism.

Tim McSorley, national coordinator of the International Civil Liberties Monitoring Group, criticized the vagueness of the term “promotion,” suggesting it could lead to the criminalization of legitimate political discussions. He stated, “It’s incredibly broad and could lead to significant criminalization of discussion of current affairs.” McSorley compared this effort to previous legislation introduced under former Prime Minister Stephen Harper, which faced criticism for expanding police powers.

Baber, who has been vocal against anti-Israel protests in his Toronto riding, argued that a gap exists in the law that allows for the promotion of terror. He previously introduced a private member’s bill to criminalize the promotion of terrorist activities, specifically mentioning calls for an “intifada in Canada.” Testimony from officials indicated that courts have interpreted “promotion” to mean active support rather than mere encouragement.

The advocates present on Wednesday represented around 20 organizations opposing the bill in its entirety. They warned that the proposed legislation could suppress legitimate protests by creating new offenses related to intimidation and obstruction around places of worship and other gathering sites. Jewish advocacy groups have called for measures to protect their community amid rising antisemitism linked to the Israel-Hamas conflict. Civil liberties advocates also expressed concerns about the bill's provisions against displaying hate symbols, fearing misinterpretation by law enforcement.

Liberal MP Salma Zahid acknowledged hearing concerns about the bill, while MP Nate Erskine-Smith emphasized the need for caution regarding any new restrictions on speech. “I think all conversations around censorship are fraught,” he said.

The ongoing discussions and proposed amendments to Bill C-9 continue to raise significant debate among lawmakers and advocacy groups alike.