Bill C-9: Debate in the Senate

Bill C-9 is currently at second reading in the Senate. This is the stage when Senators debate bills and then usually refer them to a committee for close examination.

Good Faith Debate

During second reading, the Bill’s supporters said it would strengthen and enhance Canada’s response to hate and intimidation and noted key changes made by the House of Commons, including:

• maintaining requirement for Attorney General’s consent before laying charges for propaganda offences;

• removing the good faith religious defence;

• adding a “for greater certainty” clause – this was meant to clarify the law after removing the good faith religious defence;

The original Bill C-9 did not remove the “good faith religious opinion defence” and its removal has generated heated debate and created deep concern around freedom of expression and freedom of religion.

The “for greater certainty” clauses were meant to reassure the public about the scope of the hate crime offences and respond to religious communities’ concerns that good faith religious expression, teaching, and discussion could be caught by the changes. The “for greater certainty” clauses state that nothing in the hate propaganda provisions:

. . . 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.

CCCC has previously written about the inadequacies of the “for greater certainty” clauses as currently drafted and how they do not sufficiently address the deletion of the good faith religious defence. While supporters insisted Bill C-9 would “not criminalize any religious or faith-based teaching, practice or expression not motivated by the intentional and wilful promotion of hatred”, some Senators continued to raise concerns about the removal of the good faith defence. Some senators also noted how Bill C-9’s proposed changes “may deeply affect how all Canadians can exercise their core democratic rights and that the committees that study Bill C-9 must do so in consultation with expert witnesses and civil society groups.”

Debate on Bill C-9 is set to resume this week.

What You Can Do

If you or your organization have concerns, you may wish to call or write to a senator. Thoughtful,
respectful input can play a meaningful role in the legislative process.

Our friends at the Evangelical Fellowship of Canada have prepared a helpful overview of Bill C-9 along
with guidance on how to contact senators. This resource may be a helpful starting point. If you feel led to reach out, even a short message can make a difference. Here is a simple example you
can adapt:

Before reaching out, it is important to be aware that contacting public office holders may trigger
registration requirements under the Lobbying Act. For more information about lobbying registration thresholds, you can see CCCC general guidance in our Lobbying and PPDDA Topic
Handbook.

Dear Senator [Name],

Thank you for your service to Canadians.

We are writing on behalf of [Name of Charity], a Christian ministry serving in [location]. We are
reaching out to share our concerns regarding Bill C-9, the Combatting Hate Act.

We recognize the importance of addressing hate and that there are limits on free expression. At the same time, we are concerned about how Bill C-9 could impact the ability of Canadians to express sincerely held religious beliefs.

In particular, we are concerned about the removal of the good faith religious defence from the
Criminal Code. While we understand that new clauses have been added, they do not provide clarity or certainty and they do provide the same protection for religious expression.

We respectfully ask that the Senate carefully and closely review Bill C-9 and reinstate the good faith religious defence.

Thank you for your consideration.

We’re Here to Help

We will provide updates on Bill C-9 as it proceeds in the Senate here on our blog. If you have questions or
would like support, please contact our Member Support Team by phone or email.