Bill C-9: Passes Third Reading with Key Changes

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Mar. 27, 2026

bill c 9  passes third reading with key changes
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This entry is part 5 of 5 in the series Bill C-9

On March 25, 2026, Bill C-9 the House of Commons passed Bill C-9 at third reading. Members of Parliament voted 186 in favour and 137 against.

This marks a significant step toward Bill C-9 becoming law. It will now move to the Senate for further review and vote.

As we recently published, the Standing Committee on Justice and Human Rights tabled its report on Bill C-9 (“Report”) in the House of Commons, which made some changes to Bill C-9. However, the Report did not address one the biggest concerns raised by CCCC and other organizations, namely the removal of the good faith religious defence from the Criminal Code.

What changed during the Third Reading of Bill C-9?

There are several key differences between the first version of Bill C-9 and the version passed by the House of Commons.

  1. Removes the good faith religious defence. This is one of the most problematic elements of Bill C-9, as the good faith religious defence provides clarity, ensures the offences remain constitutional, and preserves free expression.
  2. Attorney General Approval Required. Prosecutors must still obtain the Attorney General’s consent before proceeding with charges. Initially, Bill C-9 removed this safeguard. Restoring it  is a welcome change as it adds an extra layer of oversight and helps ensure prosecutions serve the public interest.
  3. Updates Definition of “hatred”. The updated definition uses language from the Supreme Court of Canada. The first version of Bill C-9 defined hatred as an ”emotion that involves detestation or vilification and that is stronger than disdain or dislike”. The updated definition defines hatred as “an emotion of an intense and extreme nature that is clearly associated with vilification and detestation”. This change better reflects a higher threshold of what is considered “hatred”.
  4. Maintains Protection for Religious Property. The offence of mischief relating to religious property remains an offence in the Criminal Code. Earlier versions of Bill C-9 removed this offence from the Criminal Code.
  5. Adds New “Clarification” on Expression. The third reading version of Bill C- 9 includes language that allows people to speak on religious, political, and scientific issues if they do not “willfully promote hatred”. The “clarification” provides that:

Clarification — subsections 319(2) and (2.‍2)

11.‍1 (1) For greater certainty, nothing in subsection 319(2) or (2.‍2) 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.

Clarification — subsection 319(2.‍1)

(2) For greater certainty, nothing in subsection 319(2.‍1) 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 antisemitism by condoning, denying or downplaying the Holocaust.

While this change may seem helpful, it does not offer the same protection of religious expression as the good-faith religious defence in the Criminal Code. The good faith religious defence expressly safeguards religious expression in ways this new wording does not.

What Has Not Changed?

There are several key elements that remain the same between the first version of Bill C-9 and the version passed by the House of Commons:

  1. Create a New Hate Crime Offence. This remains problematic as courts are already required to consider hate as an aggravating factor in sentencing.
  2. Create an offence of willful promotion of hatred through displays of terrorism and hate symbols.
  3. Create an intimidation offence for restricting access to places that are used for worship or by an identifiable group for social, cultural, athletic and educational activities. The Criminal Code already addresses offences relating to the protection of places of worship, and many municipal by-laws further address access to specific places of worship.

CCCC recognizes that there must be limits to expression in a free and democratic society. Further, as a religious organization representing religious organizations, we are keenly aware of the offensive, derogatory and hurtful speech so often aimed at communities and individuals of faith and acknowledge it is necessary for the government to take seriously the acts of hate crimes and antisemitism that are noticeably on the rise. However, Bill C-9 raises deep and serious concerns about free expression. 

What Happens Next?

Bill C-9 will now be sent to the Senate with a message from the Clerk of the House requesting the Senate consider the bill. The Senate’s legislative process is similar to the House of Commons. If the Senate makes any changes to Bill C-9, it will need to be sent back to the House of Commons. The House of Commons and the Senate are both required to accept any amendments before Bill C-9 receives royal assent and becomes law.

What You Can Do

If you or your organization have concerns about the Bill, you can call or write to senators. Members who contact senators should check whether this activity will require registration under the Lobbying Act, RSC 1985 c 44, (4th Supp). For more information about lobbying registration thresholds, you can see CCCC general guidance in our Lobbying and PPDDA Topic Handbook.

We’re Here to Help

If you have questions or would like support, please contact our Member Support Team by phone or email.

Bill C-9

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

The content provided in this blog is for general information purposes and does not constitute legal or professional advice. Every organization’s circumstances are unique. Before acting on the basis of information contained in this blog, readers should consult with a qualified lawyer for advice specific to their situation.

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