Justice and Human Rights

The House of Commons Standing Committee on Justice and Human Rights met to continue clause-by-clause study of Bill C-9, an Act to amend the Criminal Code regarding hate propaganda, hate crime and access to religious or cultural places. Appearing from the Department of Justice were Marianne Breese, Joanna Wells, and Kristen Ali, all from the Criminal Law Policy Section.

Marianne Breese explained that proposed paragraph 319(2.2)(c), which covers symbols that "so nearly resemble" a listed hate symbol that they are likely to be confused with it, is intended to capture slight variations or modifications of symbols defined in paragraphs (a) and (b), such as a terrorist flag with a different colour background, and does not create new symbols. She noted that the determination of whether a symbol is principally used by or associated with a listed entity is a factual one for law enforcement and prosecutors, and that the display of a symbol must be considered within the broader context of wilfully promoting hatred against an identifiable group.

Joanna Wells confirmed that the department participated in drafting the provision and that the policy intent was to close a potential loophole in the offence. She stated that the content of advice provided to the minister is subject to solicitor-client privilege and could not be disclosed. She clarified that Bill C-9 as introduced did not contain a proposal to remove the religious defence, and that the charter statement tabled with the bill does not speak to the amendment adopted by the committee to remove that defence.

Kristen Ali spoke generally about the requirements of section 33 of the Charter, noting that a notwithstanding clause declaration must be made expressly by the legislature, applies only to sections 7 to 15, and is valid for five years, adding that the federal government has never invoked it. She did not offer an opinion on whether the clause could be used to defend Bill C-9 if it were struck down by a court.

The committee spent the majority of the meeting debating a series of motions and procedural points rather than the substance of the bill. Conservative members repeatedly moved to prioritize consideration of Bill C-14, the bail and sentencing reform act, and sought unanimous consent to shift the committee's agenda, which was denied by Liberal and Bloc members. The chair ruled several of these motions out of order, and those rulings were sustained on recorded votes of 5 to 4. A subamendment by Mr. Brock to expand the scope of a pending amendment to include all section 2 Charter rights was introduced but not voted on. The meeting adjourned without completing clause-by-clause consideration of Bill C-9.