Testimony on Bill C-9 to the House of Commons Standing Committee on Justice and Human Rights

On October 30, 2025, CIJA CEO Noah Shack gave testimony to the House of Commons Standing Committee on Justice and Human Rights about Bill C-9, An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places), and how, with the right amendments, Bill C-9 can help combat hate in Canada. Below are his remarks and here is a link to CIJA's seven recommendations to strengthen Bill C-9: 

I am grateful to be here with you today, representing vibrant Jewish communities across Canada that contribute immensely to Canadian society, advocating for a brighter future for Jewish communities and all Canadians.

Since the Hamas led terrorist attacks on October 7, we have witnessed an alarming surge in hate extremism and violence across Canada. Numbers alone cannot capture the full picture of what we are facing. Schools shot at synagogues firebombed, community members stabbed and assaulted.

Terror plots targeting our community. And these are not isolated incidents. They are the result of growing extremism, open support for terrorism and radicalization. What was once confined to the dark corners of our society is now found on our streets, in our workplaces, in schools, on university campuses and in our neighborhoods.

No less concerning has been the erosion of trust in our justice system and in the ability or willingness of our institutions to hold those who break the law accountable. It should not take a catastrophic tragedy for authorities to act against those fanning the flames of violence in our country.

The kind of violence we saw recently in Manchester, Boulder and Washington D.C. and the terror plots uncovered in Canada should make it clear that we are one intelligence or law enforcement failure away from a horrifying incident here at home as well.

This is why we are urging parliamentarians to set aside partisan differences, work together towards consensus, and refine this bill to maximize its impact. This is essential, not only to strengthen our laws, but to send a clear message to Canadians about who we are and what we must do to safeguard this incredible country that we share.

Action is needed to address the hate, harassment and intimidation that has targeted our community over the last two years. In Montreal, an aggressive mob of anti-Israel demonstrators blocked the entrances to the Jewish Community Centre, damaged property and yelled “death to Jews.” They barricaded one hundred community members inside with no one permitted to enter or exit. The police did not remove them.

Here in Ottawa, anti-Israel activists gathered not outside the Israeli Embassy, but outside a senior's residence at the local Jewish community centre, a home for Holocaust survivors and seniors with dementia. For hours, family members attempting to visit their loved ones faced protesters screaming, go back to Europe and we want bullets and missiles. Police did not remove them.

In Toronto, hundreds of anti-Israel protests have blocked commuters, public transit, even emergency vehicles at which symbols of banned terrorist entities have been proudly displayed.

Police arrested an individual for flying the flag of a banned terrorist group, the Popular Front for the Liberation of Palestine. But charges were withdrawn by the Crown because “it cannot prove the mental element of this offense,” namely the intent to incite hatred against anyone or group by displaying this flag.

A Toronto man was charged with twenty-nine criminal counts—including promotion of genocide, arson, vandalism, targeting the Jewish community—was found in possession of multiple firearms, loaded firearms and a switchblade knife, was immediately granted bail.

Enforcement matters. But without clear laws to drive consistent enforcement, we can expect more of the same and even greater threats to public safety. We welcome Bill C-9 and recognize the need to improve key aspects. With the right amendments, the bill can achieve its objectives and earn broad consensus support.

Specifically, we urge committee members to consider the following. The creation of a standalone hate crime offence rightly makes hate motivation an integral element of the crime, not merely a factor considered at sentencing. This provision should be added to the list of offences that trigger reverse onus in bail hearings, ensuring that hate motivation is considered at bail to protect Canadians from high-risk offenders.
But it is not a replacement for the existing hate mischief provision, which applies to offences, motivated by bias, prejudice or hate, and which is regularly used as an effective tool by police. The repeal of this provision would deprive law enforcement of that effective tool, requiring a higher threshold for enforcement, and it should be retained.

C-9 rightly codifies a definition of hate, but this definition should mirror that established by the Supreme Court of Canada for both clarity and consensus. Attorney General consent for hate propaganda offenses too often result in cases disappearing into a black hole, eroding trust in, and functioning of the justice system.

But the intent of this safeguard has merit. The committee should consider alternatives to complete removal that would streamline the process, advance transparency, timeliness and accountability, and guard against vexatious prosecution. Finally, we welcome the bill's intent to address the display of terror symbols.

These symbols inherently promote the hateful violence of listed terrorist entities and should be prohibited, period. We recommend the addition of a willful promotion of terrorism offense.