Meeting 18 · February 23, 2026 · 11:47–13:02 (1h 15m)
45-11 witness · 43 interventions · 6,830 words
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. The sole witness was Marianne Breese, Counsel from the Criminal Law Policy Section of the Department of Justice.
Marianne Breese testified that the proposed "for greater certainty" clause would confirm the scope of conduct and expression caught by the offences without changing their application. She explained that the clause focuses on the mental fault requirement and clarifies that expression on matters of public interest is not captured if the person does not wilfully promote hatred against an identifiable group, serving to clarify the existing offence rather than adding something new.
The meeting featured extensive procedural debate about how to handle amendments. Conservative members sought unanimous consent to move a new Liberal amendment out of order to address religious freedom concerns, while Liberal members preferred to first dispose of the current subamendment on clause 4. A Conservative motion to immediately prioritize consideration of Bill C-16 was also introduced. Mr. Lawton moved a subamendment to delete portions of the Liberal amendment, which Mr. Housefather argued was out of order, though Mr. Baber countered that it was procedurally valid. No votes were taken on these procedural matters before the meeting concluded.
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Marianne Breese
Counsel, Criminal Law Policy Section, Department of Justice
Opening remarks
Thank you for the question. This “for greater certainty” clause would confirm the scope of conduct expression that is caught by the offences. It would not change the application of the scope of the offences.