Justice Minster Sean Fraser said, “The amendment that the Bloc is proposing will . . . in no way, shape or form prevent a religious leader from reading their religious texts. It will not criminalize faith.”
A number of religious groups have expressed serious concern about the Liberal government’s determination to follow the lead of the Bloc Québécois on Bill C-9, “An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places).”
Liberal MPs on the House justice committee backed a Bloc Québécois proposal to remove a religious exemption from Canada’s hate speech laws – after the suggestion initially appeared to halt the government’s anti-hate legislation.
The Criminal Code currently includes an exemption for hate speech, “if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text.”
On Tuesday evening, the justice committee added a Bloc amendment to the Liberals’ Bill C-9 – dubbed the Combatting Hate Act – that would remove the religious exemption.
[December 12 update: The Catholic Register reported that “A charged justice and human rights committee debate over Bill C-9, the Combatting Hate Act, will persist into 2026 as the Liberal Chair, James Maloney, suspended sittings for the rest of the year. The house also adjourned for winter recess until Jan. 26.”]
Letter to the Prime Minister
Earlier on December 9, before the Liberals announced they would accept the Bloc proposal, the Evangelical Fellowship of Canada posted a Letter to the Prime Minister on Bill C-9:
Prime Minister of Canada
Office of the Prime Minister
80 Wellington Street
Ottawa, ON K1A 0A2
The Evangelical Fellowship of Canada (The EFC) is very concerned about the rise in hate crimes targeting religious groups. We are deeply troubled by the alarming increase in antisemitism in Canada. Jews are and have consistently been among the most frequent targets of hate crimes in Canada, and the number of antisemitic incidents has increased dramatically. Our country has also seen violent and fatal attacks against Muslims. These acts are unacceptable.
We have joined with other faith groups in the Canadian Interfaith Conversation to stand against hatred based on religious identity. We understand the danger when groups are targeted on the basis of religious belief.
At a time of growing concern about intolerance toward religious groups in Canada, Parliament’s duty to ensure the protection of faith communities is especially critical. It is essential to take steps to address anti-religious threats and violence, particularly the rising tide of antisemitism. Enforcement of existing laws is urgently needed.
We are very concerned that an amendment to Bill C-9 to remove the good faith religious belief defence from s. 319(3) of the Criminal Code is being considered.
It would be misguided if an effort to address anti-religious threats and violence undermined existing religious freedoms and protections of minority religious groups. The good faith religious belief defence in s.319(3)(b) is an important protection for minority religious communities.
Together with the other defences in s. 319(3), it is critical to the balance of protecting freedom of expression and protecting individuals and communities from hate speech. In R. v. Keegstra, the Supreme Court found the defences important and integral for the constitutionality of s. 319(2) of the Criminal Code.
The intent of the good faith religious belief defence is to ensure the hate provisions, and the protections for identifiable groups they provide, are not then used to silence or suppress the religious beliefs of persons and communities that the majority, or other communities, find objectionable or offensive.
The defence ensures the Criminal Code provision intended to protect minorities from hate is not used to prosecute other minorities. It has not been overused or misused. It has rarely been invoked in court, and never successfully. The courts have interpreted it cautiously and carefully.
In the context of current public discourse where minority religious beliefs are frequently described as hateful, removal of the defence will be understood as further marginalization, at minimum. This lends itself to fear that one could be criminalized for reading biblical texts publicly or communicating biblical teaching.
We do not believe this is your government’s intent. Please consider what it would communicate to religious communities if this defence were removed.
The good faith religious belief defence is critical to the balance the Criminal Code seeks to strike between prohibiting wilful promotion of hatred and protecting freedom of expression.
We urge you to maintain this important and essential defence.
Our brief to the Justice Committee, attached, includes background information on the defence and court decisions where it has been invoked.
We continue to pray for wisdom, strength and blessing for you, your family and your staff as you serve Canada and Canadians. We appreciate the sacrifices that your public service entails.
We would be pleased to provide further information or participate in constructive dialogue about this issue.
Sincerely,
David Guretzki, PhD (McGill)
President & CEO
cc. Hon. Sean Fraser, Minister of Justice and Attorney General of Canada
Bill C-9 would still need to pass third reading of the House and be approved by the Senate before it becomes law.
For recent comments, updates and suggestions for possible action regarding Bill C-9, check: