Bill C-9: Moves Forward to Third Reading but Key Concerns Remain

On Monday, March 23, the House of Commons voted to move Bill C-9 forward to third reading. MPs voted 188 in favour and 144 against.

Standing Committee Report

The Standing Committee on Justice and Human Rights tabled its report on Bill C-9 to the House of Commons. The “report” was simply an amended version of the Bill. It did not address the many serious concerns raised in written submissions and oral testimony before the Committee.

The amended Bill restores the requirement for Attorney General consent before prosecutions under the section can proceed; however, it also deletes the good faith religious defence. This was – and is – an extremely problematic development, as expressed by CCCC and many other organizations.

Good Faith Religious Defence Must be Retained

According to the Supreme Court of Canada, the good faith religious defence helps ensure the offence remains constitutionally sound and does not infringe on Charter rights and freedoms.

Instead of preserving the good faith religious defence, the amended Bill C-9 purports to add a “clarification”, namely that:

For greater certainty, nothing in subsection 319(2) [wilful promotion of hatred] or (2.2) [wilful promotion of hatred – terrorism and hate symbols *new*] of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote hatred against an identifiable group by communicating the statement.

It is unclear how this clause provides any certainty.

The Criminal Code currently makes it an offence to “wilfully promote hatred against any identifiable group”. The new wording does not limit the offence or create a defence. It simply repeats, in a different form, the offence. Canadians can communicate on educational, religious, political or scientific matters if they do not wilfully promote hatred.

CCCC Advocacy

CCCC has actively engaged on this issue. We made submissions to the Justice Committee, wrote directly to the Minister of Justice and sent a follow up letter to the Minister of Justice. As of this blog publication, no response has been forthcoming.

This lack of response is disappointing. It is particularly disappointing when, during debte in the Commons, some MPs suggested that Bill C-9 is not concerning to religious communities. Some further suggest that religious Canadians and organizations misunderstand the bill.

If that is the case, we would welcome the opportunity for a conversation with the Minister. We would appreciate clear answers, especially about why removing the good faith religious defence should not be of concern to all Canadians, and specifically Canadians of faith.

Next Steps

Bill C-9 will now be scheduled for third reading. Amendments can be proposed at this stage, and bills can be referred back to committee to reconsider certain clauses; however, third reading is more often a perfunctory step rather than substantive (re)consideration of the bill.

For Bill C-9, if voting at the report stage is any indication, it will pass third reading and move on to the Senate.

If you are concerned about the Bill and its potential impact on your organization, our friends at EFC have prepared a helpful, succinct summary on Bill C- 9 and offer recommendations for how to interact with your MP. As always, if you have any questions, please feel free to contact CCCC and be sure to subscribe to this blog for ongoing updates about Bill C-9.