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the Canadian Civil Liberties Association (CCLA) and the Canadian Muslim Public Affairs Council calling for it to be withdrawn, along with dozens of advocacy groups.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