7 Recommendations to help advance Bill C-9 and maximize impact

1. Strengthen Enforcement Against Hate and Antisemitism 

Bill C-9 addresses critical gaps in Canada’s legal framework on hate and antisemitism. Inconsistent application of existing laws across jurisdictions has allowed hate to spread unchecked and eroded public confidence in the justice system. Ensuring consistent enforcement requires strong leadership and clear political will. 

We urge all parliamentarians to use this moment to reaffirm support for law enforcement agencies and crown attorneys tackling antisemitism and hate. The justice system must be empowered and expected to act decisively. 

2. Amending the Definition for Hate 

Bill C-9 rightly includes a definition to strengthen clarity and enforcement. To achieve this intent, the definition should be amended to precisely mirror the wording established by the Supreme Court of Canada in R v. Keegstra: 

Noting the purpose of s. 319(2), in my opinion the term "hatred" connotes emotion of an intense and extreme nature that is clearly associated with vilification and detestation. 

Adopting the Court’s exact language through amendment would confirm that the legal test and threshold in Bill C-9 are consistent with established jurisprudence. This would reinforce clarity, continuity, and public confidence. 

3. Amending Provisions on Terror Promotion and Symbols of Hate 

Promoting violent extremism in Canada must bring enforceable legal consequences, with terrorist designations delivering a real deterrent effect.  

To make this new hate propaganda offence an effective tool for law enforcement, the provision on the display of terrorist symbols as currently drafted should be replaced with a complete ban on the public display of symbols primarily associated with listed terrorist entities. Such a prohibition would enable stronger prosecutions than the current requirement to prove wilful promotion of hatred against an identifiable group. 

A second amendment should introduce a narrowly defined offence of glorification of terrorism to complement the proposed hate propaganda offence. This would target those who, outside private conversation, wilfully promote the activities of a listed terrorist group. A precise, content-specific prohibition would help prevent the spread of extremist ideologies that radicalize and endanger Canadians. 

Finally, these offences must rest on a credible and transparent foundation. Canada’s existing mechanism for listing terrorist entities already provides the most robust and objective basis for enforcement. 

4. Clarifying Terminology for the Nazi Swastika 

The legislation’s intent to prohibit the public display of Nazi symbols is commendable. While the bill correctly refers to the Nazi swastika, it uses the term swastika itself, which carries deep cultural and religious significance in Hinduism, Buddhism, and Jainism, where it symbolizes peace, good fortune, and spiritual well-being. It is important for the government to ensure the sensitivities of these communities are considered and reflected, and that their legitimate use of the swastika symbol be protected. 

5. Developing Clear Directives to Guide Attorney General Consent 

The intent to streamline the process for advancing hate propaganda charges is commendable; however, removing the Attorney General’s consent requirement has become one of the more contentious elements of Bill C-9. There is a legitimate tension that must be acknowledged between concerns about politicized prosecutions and the need to strengthen enforcement. 

A constructive path forward would be the development of clear federal directives guiding Attorneys General in granting consent for proceedings under sections 318 and 319(2) of the Criminal Code. This would promote consistency in enforcement across Canada. Requiring transparency and timeliness of consideration would also enhance public confidence. 

As a balanced compromise, consent could be removed for Crown prosecutions while retained for private prosecutions, helping prevent vexatious actions while maintaining effective enforcement. 

6. Protecting Access to Community Spaces  

Recent months have seen Jewish community spaces across Canada repeatedly targeted by harassment and intimidation. In this context, the introduction of new intimidation and obstruction offences would work toward restoring a sense of safety and confidence when accessing community spaces.  

While the government has clarified that Bill C-9 does not create a comprehensive federal “safe zone” framework, parliamentarians should use this opportunity to signal support for provinces and municipalities to adopt complementary safe-access legislation and by-laws. The new offences are a valuable step but would be most effective if paired with corresponding provincial and municipal action.  

Finally, the proposed repeal of subsections 430(4.1) and (4.101) should be reconsidered. The existing mischief offence remains a valuable tool for police, carrying a lower burden of proof and offering flexibility in enforcement that complements the new offences. 

7. Supporting the Creation of a Standalone Hate Crime Offence 

The creation of a new hate-crime offence is a welcome and necessary step. It makes the hate motivation an integral element of the crime itself, not merely a factor considered at sentencing. 

This new offence would have significant real-world impact. It would factor directly into bail hearings, where the seriousness and circumstances of the offence are weighed, reducing the likelihood that an accused person would be released on bail. It would also increase the likelihood of stronger sentences, sending a clearer message of deterrence and denunciation.

It will further reinforce the public trust in the justice system if the new provision is added to the list of offences that trigger a reversal of Onus. The list of offences that trigger a reversal of onus for bail hearings has been expanded in recent years, and it is appropriate to add this offence to the list.

Crucially, a conviction under this new offence would appear on an individual’s criminal record as hate-motivated. This ensures that repeat offenders face appropriate consequences, while also signalling to employers, volunteer organizations, and others that hate has no place in Canadian society. Together, these measures strengthen public confidence in the justice system and ensure that hate-driven violence is met with meaningful accountability.