Currently, the Criminal Code exempts individuals from charges of willful promotion of hate or antisemitism if the speech is based in good faith on the interpretation of a religious text.
Eliminating the religious exemption is supported by Jewish and LGBTQ groups, the Bloc as well as the Quebec government, who have called for its removal repeatedly since 2023. They all say religion should not be used as a cover for antisemitic or hateful speech.
But news of the Liberals agreeing to remove the religious exemption generated significant backlash from Muslim, Christian and civil liberties groups as well as the Conservatives, who described it as an attack on both freedom of speech and religion. They have argued that it risks criminalizing individuals speaking about their faith.
Bill C-9, which fulfilled a campaign promise Prime Minister Mark Carney made during the spring election, was his minority government’s first major justice bill introduced earlier this fall by Justice Minister Sean Fraser.
It seeks multiple changes to the Criminal Code to confront the issue of hate, with the Liberals citing a rise in police-reported incidents in recent years, particularly in the wake of sustained anti-Israel protests over the last two years.
