Liberal deal with Bloc means hate-speech laws will lose exemption for ‘sincerely held’ religious belief
2025/12/02 Leave a comment
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.”…


