Conservatives blast removal of religious exemption in hate-speech laws as ‘assault’ on freedom of speech

Arguably not needed given existing laws but recent occupations, obstructions, demonstrations supporting Palestinians have veered into explicit antisemitism and harassment of Jewish communities. The exemption should not be akin to a “get out of jail” card:

Opposition Conservatives say a deal between the governing Liberals and the Bloc Québécois to remove a religious exemption from Canada’s hate-speech laws, in exchange for passing a bill targeting hate and terror symbols, is an “assault” on freedom of speech and religion….

The Conservatives on Monday slammed the removal of that exemption as an attack on freedom of religion and of free speech, with the party quickly putting together a petition, which was circulated by its Members of Parliament.

“Liberal-Bloc amendments to C-9 will criminalize sections of the Bible, Quran, Torah, and other sacred texts,” Poilievre wrote on social media. “Conservatives will oppose this latest Liberal assault on freedom of expression and religion.”

Conservative Calgary MP Michelle Rempel Garner called on all other parties to oppose the amendment.

“I think it’s an unabashed attack on religious freedom,” Rempel Garner said.

Ontario MP Marilyn Glaudu, who serves as the Conservative critic for civil liberties, in a video on X, said the proposed change amounted to an “attack on people of faith.”

Fortin, the Bloc MP, agreed that the change will curb freedom of expression. However, he argued there must be limits on speech that propagates hate.

“I think this freedom of expression needs to be limited. You’re free to do what you want until you start harming others,” he said.

The bill itself seeks to create new offences around the intimidation and obstruction of sites used by an identifiable group, such as a religious or cultural centre, as well as make it a crime to promote hate by displaying hate symbols like a swastika, or those linked to listed terrorist entities.

The proposed amendments come amid widespread criticism about the Liberals’ bill, with the Canadian Civil Liberties Association (CCLA) and the Canadian Muslim Public Affairs Council calling for it to be withdrawn, along with dozens of advocacy groups. Critics warn that the new offences create the risk of police cracking down on lawful protests, and could lead to a targeting of Muslim and other racialized groups.

When it comes to the proposed removal of religious defences from hate speech laws, Anaïs Bussières McNicoll, director of the CCLA’s fundamental freedoms program, said it raises concerns.

She pointed to how that defence is only available to criminal law dealing specifically with the wilful promotion of hatred and no other offence, even speech-related ones, such as public incitement to hatred, or uttering threats.

“The speech that needs to be criminalized in Canada is already criminalized, and there is no religious exemption applying to that,” she said.

She said the association has for years held concerns around the provision, targeting “the wilful promotion of hatred,” given how broadly it can be applied.

“The concept of hatred is subjective,” she told National Post in an interview on Monday, “so we are always worried about risks of abuse and censorship of unpopular or offensive opinions through this provision. So we fear that removing this religious exemption might gradually erode the protections and increase the scope of this provision.”

Steven Zhou, spokesman for the National Council of Canadian Muslims, said in a statement on Monday that it was “gravely concerned and surprised” about the reported deal to remove the exemption for religious beliefs, saying that doing so “opens the door to a deeply troubling censorship regime.”

Khaled Al-Qazzaz, executive director of the Canadian Muslim Public Affairs Council, said in a statement that it rejects the removal of the religious exemptions, saying it considers doing so “an attack on all places of worship and religious schools.”

Derek Ross, executive director and counsel for the Christian Legal Fellowship, a national association for lawyers and law students who identify as Christian, said removing the exemption for religious opinions could lead individuals to self-censor and create an overall “chilling” effect.

The law must balance competing interests, he said, but pointed to how it must protect those who are fearful of becoming “vilified or detested” because they express viewpoints held by a minority.

Khaled Al-Qazzaz, executive director of the Canadian Muslim Public Affairs Council, said in a statement that it rejects the removal of the religious exemptions, saying it considers doing so “an attack on all places of worship and religious schools.”

Derek Ross, executive director and counsel for the Christian Legal Fellowship, a national association for lawyers and law students who identify as Christian, said removing the exemption for religious opinions could lead individuals to self-censor and create an overall “chilling” effect.

The law must balance competing interests, he said, but pointed to how it must protect those who are fearful of becoming “vilified or detested” because they express viewpoints held by a minority.

“It is a significant change to the law, and one that was not previously the subject of a great deal of discussion or debate by Parliament,” Ross said on Monday. “We hope that further consideration is given before such a move is made.”

As part of the deal with the Bloc, the Liberals are also expected to back off plans to eliminate the need for a provincial attorney general’s sign-off to pursue a hate-propaganda prosecution. The move will likely be supported by both the Bloc and Conservatives.

Fortin, Bussières McNicoll and Al-Qazzaz all said they agreed with maintaining the additional check and balance before charges are laid, which could have a cooling effect on freedom of expression.

Quebec’s Justice Minister Simon Jolin-Barrette, who has called on the federal government for years to remove the religious exemption defence, celebrated the deal between Liberals and Bloc on social media.

Source: Conservatives blast removal of religious exemption in hate-speech laws as ‘assault’ on freedom of speech

Liberal deal with Bloc means hate-speech laws will lose exemption for ‘sincerely held’ religious belief

This will create considerable debate and will likely lead to court challenges. A good faith or “sincerely held” clause should not be a “get out of jail” card, but in the end, it will depend on context and specifics, and would to extreme religious extremists and positions:

The Liberals have agreed to remove religious exemptions from Canada’s hate-speech laws to secure Bloc Québécois support to help pass its bill targeting hate and terror symbols, National Post has learned through a source close to the talks.

Currently, the law exempts hateful or antisemitic speech if it based in good faith on the interpretation of a religious text, but that immunity is set to be removed. Additionally, the Liberals are expected to back off plans to eliminate the need for a provincial attorney general’s sign-off to pursue a hate-propaganda prosecution.

The removal of the religious exemption is expected to come via an amendment to the Criminal Code in the form of Bill C-9 at the parliamentary justice committee that will be supported by both the Liberals and Bloc, a senior government source confirmed.

The source was granted anonymity because they were not authorized to discuss party negotiations publicly.

“We do have Bloc partnership,” the source said. “The bill is in a place now, even with those Bloc amendments, that everyone is happy,” they added in reference to Liberal and Bloc MPs.

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.

Chief among the proposed changes is creating a new offence for intimidating someone to the point of blocking their access to a place of worship or another centre used by an identifiable group, as well as criminalizing the act of promoting hate by displaying a hate or terror symbol, such as one tied to a listed terrorist organization or a swastika.

The Opposition Conservatives have lambasted the current effort as censorship, saying provisions already exist within criminal law to counter hate, and that the bill’s proposal to remove the requirement for a provincial attorney general’s (AG) consent to lay a hate propaganda charge took away an “important safeguard,” according to the party.

The Liberals are now expected to accept another amendment eliminating that change from the bill entirely. That, too, was a Bloc request.

When the bill was first presented back in September, the Liberals argued that removing the AG requirement would help streamline the process of laying hate propaganda charges, while critics said it was an additional check on a charge with serious implications for free speech.

Once the amendments are passed, the Liberals and Bloc are expected to vote the bill through committee and the House of Commons. However, it is unclear when the justice committee will debate clause-by-clause amendments to the bill.

The House is scheduled to rise on Dec. 12.

The original text of the bill did not contain changes to the existing religious defences for hate speech, but the Bloc has consistently raised the need for it to be addressed.

Currently, Section 319 of the Criminal Code contains an exemption stating no person shall be convicted of promoting hateful or antisemitic speech if they expressed “in good faith” an opinion “based on a belief in a religious text.”…

Source: Liberal deal with Bloc means hate-speech laws will lose exemption for ‘sincerely held’ religious belief

Islamic preacher barred from entering Canada for speaking tour, months after being banned from U.K.

Seems like the right call. Question about a religious exemption for hate speech as proposed by the Bloc much more thorny as one looks at the potential impact across many religions and sects:

…Mr. Blanchet said his party plans to table an amendment to the government’s Combatting Hate bill to stop religion from being used as a defence for hate speech. 

The proposed change to the Criminal Code would abolish a defence allowing a person who incites hatred to escape prosecution if their words are based on religious beliefs or a religious text.

Canadian Identity Minister Steven Guilbeault replied that the Liberals shared the Bloc’s aim to combat hatred and would welcome amendments to the bill.

“We will hear from experts, subject-matter experts, and are willing to work with the Bloc Québécois, with all parties in this House to ensure that hate speech is not in Canada,” he replied. 

Jeremy Bellefeuille, spokesperson for Justice Minister Sean Fraser, said in a text message that the minister “is open to hearing expert testimony in committee.”…

Source: Islamic preacher barred from entering Canada for speaking tour, months after being banned from U.K.

C-3: Canadian residency, language provisions added to bill on citizenship by descent

The irony, the Bloc casting the deciding vote to strengthen the requirements for citizenship by descent, including my point of the need for the residency requirement of 1,095 days to be met within a five-year period. No doubt the language and security requirements will be challenged at some point in the courts:

A parliamentary committee has passed changes to the citizenship bill to limit the passage of citizenship by descent to mirror what’s typically required of immigrants to become Canadian citizens.

On Tuesday, the standing committee on citizenship and immigration inserted into Bill C-3 language and knowledge requirements, as well as security checks for foreign-born descendants of Canadian parents who were also born abroad. 

To inherit Canadian citizenship by descent, those between 18 and 55 years old would need to have an “adequate” knowledge in English or French, and of the responsibilities and privileges of being a citizen. All adults would also be required to undergo security checks to determine if they would be inadmissible. 

Instead of the proposed cumulative 1,095-day physical residency required, a foreign-born Canadian citizen would need to have spent those number of days inside Canada in the five consecutive years before the birth of their child abroad in order to pass on their citizenship. 

Prime Minister Mark Carney’s government tabled Bill C-3 in June, which is meant to comply with a court order that ruled the current two-generation cut-off provision of the Citizenship Act is unconstitutional because it limits the automatic passage of citizenship to the first generation of Canadians who were born outside Canada. 

The minority Liberal government must pass and implement the bill by Nov. 20 to make the law compliant with the Constitution’s Charter of Rights.

With the Liberals and Conservatives each holding four votes on the committee, Bloc Québécois MP Alexis Brunelle-Duceppe (Lac-Saint-Jean) held the balance of power in passing the amendments put forward by the Conservative opposition.

The MP said he didn’t see how these amendments on citizenship by descent would be deemed unconstitutional when the same rules are applied to naturalized Canadians.

“Everybody should be happy,” said Brunelle-Duceppe. “Am I wrong?” 

However, Uyen Hoang, a director general of the Immigration Department’s citizenship branch, said there’s a distinction between citizenship by descent and the naturalization process.

“These people become citizens at the moment of their birth, automatically by operation of law,” Hoang told the committee when asked for her opinion on the amendments. “The bill is to restore citizenship to lost Canadians. And with this type of requirement, we could potentially create another cohort of lost Canadians.” 

The committee will report Bill C-3 as amended to the House of Commons for debate before a final vote at third reading.

Source: Canadian residency, language provisions added to bill on citizenship by descent

Conservatives Back Bloc Québécois Push To Make French The Mandatory Language For Quebec Immigrants

Pandering. Quebec already selects its economic class immigrants where it sets language criteria. Citizenship is exclusive federal jurisdiction which the Conservatives know and should respect. And the “decline” of French is more a myth than reality as it pertains to the language most often spoken at home, where immigrant languages have increased rather than English (see André Pratte’s https://montrealgazette.com/opinion/opinion-questioning-whether-french-is-in-decline-should-not-be-heresy):

Conservatives MPs voted nearly unanimously with Bloc Québécois members Wednesday in favour of making French the mandatory language for all immigrants to Quebec.

Bloc MP Sylvie Bérubé’s private member’s bill, however, was defeated — 147 in favour to 172 against — with the Liberals, NDP and Green Party members opposed.

In a statement, the Bloc accused Prime Minister Justin Trudeau and Official Languages Minister Melanie Joly of failing to act to counter the decline of the French language in Quebec. “[They] have a big credibility deficit,” MP Mario Beaulieu, the Bloc’s critic for official languages declared.

Last week, Joly proposed several new measures to achieve what the government calls “substantive equality” of both official languages. Among the proposals, the federal Liberals proposed giving workers employed by companies under federal jurisdictions in Quebec the right to work in French, as well as those in other regions of the country with a strong francophone presence.

Right now, the Citizenship Act states that applicants aged 18 to 54 must demonstrate an adequate knowledge of one of the official languages of Canada before obtaining citizenship. The Bloc campaigned in 2019 to change the law so that those residing in Quebec need to demonstrate only knowledge of French.

The bill also suggested that anyone 18 to 65 should have to demonstrate their language capability.

Several dozen Grit MPs sought to register their objection to the bill en français.

Over on the Conservative side, less French was spoken but all but one vote — New Brunswick MP John Williamson — lined up with the Bloc.

Ontario MP Marilyn Gladu, who registered her support in French, told HuffPost Canada there are about 8,000 francophones in her Sarnia–Lambton riding, and they’re seeking a bilingual designation from the province to obtain French-language services in the region. “This is an important issue,” she said.

“I think it is important to protect the French language in Canada, especially in Quebec.”

As someone who previously travelled frequently to Quebec for work, Gladu said, she believes receiving services in French is particularly important.

“Our party supports strengthening the French language in Canada,” she said, “and we would like to see this bill go to committee.”

British Columbia MP Dan Albas told HuffPost Canada that he had concerns about the bill’s changing the maximum age for requiring linguistic knowledge to 65 from 54 but felt that the bill “warrants study at committee.”

That line was also repeated by Quebec MP Pierre Paul-Hus, who told HuffPost that while the bill has the commendable objective of protecting French, it might be hard to impose language requirements on those 54 to 65, “because the change can be difficult for new arrivals.”

That said, he added that his party believes the bill should be sent to committee and amended.

Pressed about his personal opinion on the bill, Paul-Hus said he was “before anything else, a Quebecer who is proud of his francophone heritage.

“And I want Quebec to remain that way,” he said, in French.

During a debate in the House of Commons last fall, Bérubé said her bill’s objective was to ensure that anyone who becomes a citizen and resides in Quebec can “integrate into their host society.”

“In Quebec, the common language is French. The purpose of the [province’s] Charter of the French Language is to make French the official and common language of Quebec,” she said. “Right now, a permanent resident who wants to become a citizen and reside in Quebec could do so without knowing a single word of French.”

‘Most immigrants who live in Quebec speak French,’ says Liberal MP

The Liberals’ response came from Soraya Martinez Ferrada, the parliamentary secretary to the minister of immigration, refugees and citizenship. She spoke of her own experience arriving in Quebec as a political refugee, and seeing her single mother and grandparents take French classes.

“We all received our citizenship before we could speak French. Today, my children and my cousins are all young Quebec francophones who work and study in French. That was possible in 1980, and I think it is still possible today,” she said.

Martinez Ferrada said the federal government is determined to help all newcomers obtain the language skills they need to integrate into their host community and noted that Quebec already selects its economic-class immigrants.

“Most immigrants who live in Quebec speak French. Census data show that, 10 years after they arrive in Canada, 90.5 per cent of economic immigrants, 71.1 per cent  of immigrants under the family reunification program and 84.3 per cent of refugees speak French,” she said during the bill’s only debate in November.

Montreal MP Anthony Housefather told HuffPost that he believes the current requirement — to have adequate knowledge of French or English no matter where you are in the country should stay that way.

“We live in a bilingual country and when becoming a citizen you should be able to do this in French or English anywhere in Canada you happen to live,” he said. “These qualifications for citizenship should not be different based on the province or territory someone happens to live in.”

Housefather added that the Tories’ position was “very much a reversal on previous Conservative positions on Quebec and language issues, which is consistently happening these days to compete with the Bloc.”

Tories have high hopes in Quebec

Conservative Leader Erin O’Toole has made no secret that his goal is to obtain 30 seats in Quebec during the next election. The party currently has 10. For the Liberals and the Tories, securing a large portion of Quebec’s 78 seats is often seen as a ticket to a majority government.

Manitoba Conservative MP Raquel Dancho told the Commons last fall in declaring the Tories’ support for the bill that the Conservatives were doing so because they have “great respect for the Quebec nation and understand the cultural importance of protecting the French language.

“The Conservatives are offering Quebeckers a serious alternative to the Liberals. We are the only ones who can beat them in the next election and form the next government,” she said.

But standing in either party’s way is a popular Bloc Québécois, which currently has 32 seats and, according to the latest Angus Reid survey, 29 per cent support among respondents, compared with 31 per cent for the Liberals and 18 per cent for the Conservatives.

The Liberals tried to quash a previous version of the Bloc’s bill back in 2018. Bill C-421 — as it was then called — was deemed by a subcommittee to be unconstitutional and non-votable. The Bloc appealed and a secret vote was held in the House that the Liberals — who had a majority of the seats back then — were successful in defeating.

Three years ago, things were different.

The Conservatives did not participate in the bill’s only debate.

Bloc bill riddled with errors, says lone Quebec NDP MP

Pierre Nantel, at the time an NDP MP, spoke in favour of the bill, saying his party’s Quebec caucus would surely have sent the bill to committee for further study if it had been given a chance.

“It is shameful and disrespectful for any Quebec MP to ignore the vulnerability and value of Quebeckers’ quiet nationalism and to fail to proudly defend Quebec’s distinct identity,” Nantel said in the chamber. (Nantel was later dumped by the NDP and was defeated running as a Green candidate in the 2019 election.)

This time round, the party’s lone Quebec MP, Alexandre Boulerice, told HuffPost the Bloc’s bill is riddled with errors and he doesn’t think his party’s support in the province will suffer because of the New Democrats’ opposition.

For example, Boulerice said, the bill doesn’t take into account future interprovincial moves, doesn’t make note that Quebec already gives francophones priority through its economic immigrants, or that it places an unfair and unnecessary burden on those that arrive as refugees.

“La fausse bonne idée quoi,” he wrote, in an email, loosely translated as a bad good idea, or a good idea at first glance.

Source: Conservatives Back Bloc Québécois Push To Make French The Mandatory Language For Quebec Immigrants