OTTAWA — The Liberal government has reached an agreement to eliminate religious exemptions from Canada’s hate-speech laws. This decision aims to secure support from the Bloc Québécois for a bill targeting hate and terror symbols. Currently, the law allows for exemptions for hateful or antisemitic speech if it is expressed in good faith based on religious texts. However, this immunity is set to be revoked.

The proposed changes will be introduced as an amendment to the Criminal Code through Bill C-9, which is expected to receive backing from both the Liberals and the Bloc. A senior government source, who requested anonymity, confirmed the details of the negotiations. "We do have Bloc partnership," the source stated. "The bill is in a place now, even with those Bloc amendments, that everyone is happy."

Bill C-9 is the first major justice bill introduced by the minority government of Prime Minister Mark Carney. It seeks to address rising incidents of hate, particularly following anti-Israel protests in recent years. Key changes include creating a new offense for intimidating individuals to the point of blocking their access to places of worship and criminalizing the promotion of hate through the display of hate symbols, such as those associated with terrorist organizations.

The Conservative Party has criticized the bill, labeling it as censorship. They argue that existing laws are sufficient to combat hate and that removing the requirement for a provincial attorney general’s consent to pursue hate propaganda charges undermines important safeguards. The Liberals are now expected to accept an amendment that would retain the AG requirement, which was also a request from the Bloc.

The original text of Bill C-9 did not propose changes to the existing religious defenses for hate speech. However, the Bloc has consistently advocated for addressing this issue. Currently, Section 319 of the Criminal Code states that individuals cannot be convicted of promoting hateful speech if it is expressed in good faith based on a religious belief.

The amendment to remove this exemption is anticipated to mirror a bill introduced by the Bloc Québécois in November 2023, which did not progress past its first reading. The Bloc argued that the change is necessary to combat the rise of hate speech and antisemitism, particularly following the October 7 terrorist attack by Hamas on Israel.

In addition to the Bloc, various Jewish and LGBTQ organizations have long called for the removal of the religious exemption, asserting that it has facilitated the spread of antisemitic and homophobic rhetoric. The Quebec government also urged the Liberals to eliminate the exemption, stating it legitimizes discriminatory comments under the guise of faith.

Conversely, many Christian organizations and civil liberties groups support the exemption, claiming it protects freedom of speech. The Christian Legal Fellowship has argued that these defenses are crucial for safeguarding Canadians against imprisonment for expressing sincerely held beliefs. They warned that removing this defense could undermine the constitutional integrity of the legal framework.

The amendments to the bill were expected to be debated during a Commons justice committee meeting. However, discussions were delayed due to a Conservative filibuster. The House of Commons is scheduled to rise on December 12, and it remains unclear when the committee will address the proposed changes.

Richard Moon, a law professor specializing in freedom of expression, suggested that the removal of the exemption may not significantly impact the legal landscape. He noted that courts typically interpret hate speech as only encompassing the most extreme forms of expression. Moon emphasized the importance of clarifying that most religious expressions would not fall under the hate speech provision, as public understanding of hate speech can often be vague.

As the legislative process continues, the Liberals and Bloc are expected to vote on the bill in committee and the House of Commons, pending the resolution of the proposed amendments.