Justice and Human Rights

This House of Commons Standing Committee on Justice and Human Rights meeting was convened for clause-by-clause consideration of Bill C-9, the Combatting Hate Act. Department of Justice officials Marianne Breese, Chantele Ramcharan, and Joanna Wells appeared to assist the committee.

Marianne Breese, counsel in the Criminal Law Policy Section, provided technical observations on proposed amendments to create a new offence of wilfully promoting terrorism. She noted that the courts have defined "promotes" as "active support or instigation," distinct from "counselling," which is "deliberate encouragement or active inducement." She cautioned that the proposed amendments merge elements of existing hate propaganda and terrorism counselling offences, and the committee should consider whether importing hate speech defences—such as truth or good-faith religious opinion—is appropriate for a terrorism-related offence.

Chantele Ramcharan, deputy director general and general counsel, added that the proposed amendments raise charter considerations due to the change in mental fault requirement (from recklessness to wilfulness) and could create inconsistencies with existing terrorism provisions. She stated that a full analysis would be required to assess unintended consequences, coherence, and implications for the Criminal Code. She also noted that Bill C-9 does not propose any amendments to the terrorism provisions, suggesting the amendments may extend beyond the bill's scope.

The meeting began with a lengthy procedural debate. Conservative MP Andrew Lawton moved a motion to reprioritize the committee's agenda, placing study of Bill C-14 (Bail and Sentencing Reform Act) ahead of Bill C-9, arguing the committee had insufficient witness testimony on Bill C-9. After the election of a new chair, James Maloney, the committee proceeded to clause-by-clause. Conservative MP Roman Baber moved amendments CPC-1 through CPC-4 to create a new offence of wilful promotion of terrorism, modelled on his private member's bill C-257. Liberal MP Anthony Housefather noted his similar amendment LIB-2 but argued it was better placed within the bill's existing hate speech framework to avoid being ruled out of scope. After discussion, the committee agreed to park those amendments and proceed by theme. The committee then withdrew several amendments on Attorney General consent for prosecutions (CPC-5, CPC-8, CPC-11, and LIB-3) and adopted Bloc Québécois amendments BQ-1 and BQ-4 on that subject. NDP MP Lori Idlout moved amendment NDP-1 to remove the portion of the bill dealing with hate symbols, citing concerns from civil liberties groups. The meeting adjourned before further votes.