A bill proposing a new hate crime legal regime has been introduced to Parliament by Canadian Justice Minister Sean Fraser, amid rising antisemitic incidents in the country and increasing pressure to legislate greater legal protections for vulnerable communities.
The C-9 Combating Hate Act would introduce a hate crime offense, a legal definition of hatred, and so-called “bubble laws” to prevent belligerent picketing of religious and cultural centers.
“Rising antisemitism, Islamophobia, homophobia, and transphobia have left too many people feeling unsafe in their own communities,” read an official Justice Department explanation. “The Government of Canada has introduced the Combating Hate Act to better protect access to places of worship, as well as schools, community centers, and other specified places, and to more clearly address and denounce hate-motivated crime.”
If adopted, “hatred” would be defined in the Canadian Criminal Code as the “emotion that involves detestation or vilification and that is stronger than disdain or dislike,” and would be accompanied by the introduction of a hate crime offense in which an offense was motivated by hatred of “race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression.” A crime would not be deemed to be hate-motivated solely because it offends.
The maximum penalty for the new hate offense would depend on the maximum penalty of the underlying crime, with a prison sentence of two years potentially being elevated to five years, and a five-year sentence being doubled.
The House government bill proposed new offenses for the intimidation and obstruction of those seeking to access religious or cultural institutions used by an identifiable group. It would be a crime to threaten, intimidate, or harm others seeking to access such a site. A separate offense would criminalize those intentionally blocking doors, driveways, or roads to religious or cultural centers. Both would come with a maximum penalty of 10 years’ imprisonment.
A fifth hate propaganda offense would also make it a crime to willfully promote hate against identifiable groups using symbols of groups listed as terrorist entities, as well as the Nazi swastika and SS lightning bolts. Display of the symbols for educational, artistic, or journalistic purposes would not be covered by the offense, the Justice Department assured.
While in the past laying a charge for a hate propaganda offense required consent from the Attorney-General, C-9 would remove the requirement to allow law enforcement “to act quickly to counter hate speech and protect communities.”
B’NAI BRITH Canada touted the banning of Nazi symbols as the fruits of its campaign, which had garnered over 15,000 signatures.
“Now Parliament must finish the job and pass this legislation without delay,” B’nai Brith Canada said on X/Twitter. “Fighting hate must not be a partisan issue. Antisemitism must be formally recognized as a national crisis, with a federal Task Force established to create tangible and actionable solutions to end the crisis.”
The Centre for Israel and Jewish Affairs said in a statement that the legislative package was an important signal against the threats facing the Canadian Jewish community.
“No Canadian should be targeted when dropping their kids off at school, visiting an elderly parent, or attending religious services,” said CIJA. “We encourage all parties to engage in this legislation with the seriousness this moment demands. We will carefully review the legislation and will be active throughout the legislative process.”
PM Carney's introduction of 'bubble legislation'
Canadian Prime Minister Mark Carney had pledged the introduction of “bubble legislation” while campaigning during the 2025 federal election.
On August 31, 32 members of Carney’s Liberal Party issued a statement decrying the state of antisemitism in the country, and diplomatically reminded the prime minister to implement the criminal code changes he had promised.
With critics noting that the 32 signatures on the statement were a fraction of the 169 House of Commons seats held by the Liberal Party, all members of the Conservative Party signed a letter against antisemitism on September 4.
“Since Hamas’s brutal attack on October 7, 2023, anti-Jewish hatred has skyrocketed on our streets and in our neighborhoods. For too long, the government has been silent and absent,” said the 144 MPs, including opposition leader Pierre Poilievre. “All Conservatives will stand up and protect the Jewish community in Canada, even when the government won’t.”