Justice and Human Rights

This House of Commons Standing Committee on Justice and Human Rights meeting studied Bill C-9, an act to amend the Criminal Code regarding hate propaganda, hate crime, and access to religious or cultural places. Appearing were Minister of Justice Sean Fraser, and officials Owen Ripley (Senior Assistant Deputy Minister), Joanna Wells (Senior Counsel), and Marianne Breese (Counsel), all from the Department of Justice.

Minister Fraser testified that Bill C-9 responds to a troubling rise in hate, including anti-Semitism and attacks on religious institutions, by creating new offences: intimidation and obstruction of access to religious or cultural places, a stand-alone hate crime offence recognizing enhanced moral culpability when a crime is motivated by hate, and an offence for wilful promotion of hate using hate symbols. He stated the bill codifies the Supreme Court's definition of hatred to provide clarity for law enforcement and removes the requirement for attorney general consent to prosecute hate propaganda, as this requirement was acting as a barrier to laying charges. He emphasized the bill does not ban peaceful protest and is not a blanket symbols ban, and expressed openness to committee amendments that earn multipartisan support.

Owen Ripley explained that the new intimidation offence requires evidence of an intention to cause fear, not just that a person felt afraid. He stated that removing attorney general consent addresses a barrier to laying charges, noting that provinces retain discretion to implement pre-charge screening and that safeguards exist against frivolous private prosecutions. He clarified that the stand-alone hate offence applies to any federal criminal offence, including those in other federal statutes, and that the symbols offence requires the symbol to be associated with a listed terrorist entity, meaning a Palestinian flag would not meet that threshold.

Marianne Breese detailed the criteria for the symbols offence, stating that police and prosecutors would consider whether a symbol is primarily used by a listed entity, displayed in a public place, and displayed intentionally to promote hatred against an identifiable group, with the promotion of hatred requiring evidence of vilification or detestation. She confirmed that the definition of hatred in the bill is intended to capture the Supreme Court's jurisprudence, including the concepts of "intense and extreme nature" through the words "detestation or vilification."

Joanna Wells deferred to her colleagues on questions about the definition of hatred, stating that her expertise lies elsewhere.

The committee briefly debated a point of privilege raised by MP Brock, who alleged that Minister Fraser had improperly referenced confidential committee proceedings. The minister and MP Housefather responded that the information came from the public report and dissenting report, and the minister stated he had not discussed party votes with any committee member. The committee also discussed scheduling for future meetings on Bill C-9 and other legislation.