The House of Commons Standing Committee on Justice and Human Rights met to continue its study of Bill C-9, an act to amend the Criminal Code with respect to hate propaganda, hate crime and access to religious or cultural places. Witnesses included Anaïs Bussières McNicoll from the Canadian Civil Liberties Association, professors Ryan Alford and Bruce Pardy, Nusaiba Al-Azem from the National Council of Canadian Muslims, Mark Sandler from the Alliance of Canadians Combatting Antisemitism, Cassandra Hallett from the Canadian Teachers' Federation, Deidre Butler and Cary Kogan from the Network of Engaged Canadian Academics, and Brandon Silver from the Raoul Wallenberg Centre for Human Rights.
Anaïs Bussières McNicoll urged the committee to vote against Bill C-9, arguing it removes the Attorney General's consent requirement for hate propaganda prosecutions, which is a key safeguard against frivolous charges. She said the new intimidation offence could criminalize non-violent protests, that the obstruction provision duplicates existing law, and that the hate symbols clause risks stigmatizing peaceful protesters. She recommended adopting the Supreme Court of Canada's definition of hatred verbatim rather than the bill's proposed version.
Ryan Alford testified that Bill C-9's definition of hatred is unconstitutional because it omits language from the Supreme Court's Whatcott decision, specifically the exclusion of speech that "otherwise affronts the dignity of" persons. He said the bill lowers the threshold for limiting freedom of expression and warned it could lead to U.K.-style policing of social media. He disagreed with the charter statement's conclusory analysis and recommended the definition be revised to match the court's exact wording.
Bruce Pardy argued the bill criminalizes an emotion—hatred defined as "detestation or vilification"—and said the line between dislike and intense dislike is unknowable, leaving enforcement to authorities' discretion. He said the intimidation offence could prohibit protests that provoke fear of offensive ideas, not just violence, and warned of politically motivated prosecutions. He disagreed with the need for new hate offences, stating existing laws against violence are sufficient.
Nusaiba Al-Azem said the National Council of Canadian Muslims generally supports the new stand-alone hate crime provision but has serious concerns about other parts of the bill. She singled out the clause criminalizing symbols that "nearly resemble" listed terrorist symbols, arguing it would criminalize confusion and could lead to charges against Palestinians displaying their national flag. She recommended striking that clause, halting the bill for proper consultation with communities affected by hate, and expanding funding for education and prevention programs.
Mark Sandler supported several components of Bill C-9, including the new hate offence and the intimidation and obstruction provisions, which he said incentivize police to prioritize hate crimes. However, he opposed removing the Attorney General's consent requirement, calling it a safeguard against vexatious prosecutions, and recommended retaining it or applying it to private prosecutions. He also urged that the definition of hatred track the Supreme Court's precise language and proposed adding a new offence of wilfully promoting terror activities.
Cassandra Hallett said the Canadian Teachers' Federation supports the intent of Bill C-9, particularly provisions protecting access to day care centres, but noted the legislation does little for K-to-12 schools. She said educators and students face rising hate-fuelled protests and intimidation, and that schools need to be sanctuaries free from such pressures. She called for greater clarity in legislation to protect teachers teaching provincially mandated curricula and to ensure students from vulnerable groups feel safe.
Deidre Butler and Cary Kogan testified that anti-Semitism has surged on Canadian campuses since October 2023, with professors and students promoting violence, displaying terror symbols, and calling for the exclusion of Zionists. They supported Bill C-9's provisions on intimidation and impeding access to space, and endorsed Mark Sandler's proposal for a separate charge of wilful promotion of terrorism. They said the bill should drop the requirement for evidence of hateful intent when terror symbols are displayed.
Brandon Silver said Bill C-9 makes a meaningful contribution to protecting Canadians from rising hate crimes, which have more than doubled in five years. He supported the provisions on hate symbols and targeting community institutions, arguing that Nazi and terrorist symbols represent violence and are anti-democratic. He called for government leadership beyond legislation, including federal-provincial-territorial meetings to enhance enforcement, and said the bill aligns with international law and Supreme Court precedent.
The committee also heard exchanges where members questioned witnesses on the removal of the Attorney General's consent, the definition of hatred, and the potential for politically motivated prosecutions. Some members raised concerns about the enforcement of existing laws and the rise of anti-Semitism and Islamophobia. No procedural debate, motions, or votes were recorded during this meeting.
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