Canada's anti-hate bill draws backlash over free speech and protest rights

Canada’s proposed Bill C-9, introduced by the government as a measure to combat hate crimes, is facing mounting criticism from civil society organisations, arguing that the legislation risks undermining freedom of expression, religious speech, and peaceful protest.

Steven Zhou, media and communications lead at the National Council of Canadian Muslims (NCCM), said the organisation supports the goal of tackling hate but believes the bill, as written, is dangerously flawed.

“Our perspective is that anti-hate legislation is needed,” Zhou said. “Unfortunately, Bill C-9, as it stands right now, does not really do that.”

Broad powers, vague language

Bill C-9, formally titled An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places), proposes sweeping changes to Canada’s hate-crime framework.

These include removing the requirement for attorney general consent before prosecuting hate propaganda offences, creating a new crime of “willfully promoting hatred” through public display of certain symbols, and introducing a stand-alone hate crime offence based on motivation.

While the government says the measures respond to a rise in hate incidents, critics note that Canada already has extensive hate-crime and hate-propaganda laws. They warn that the new provisions are overly broad and could be misused.

Zhou described the hate symbols provision as one of the bill’s most serious flaws, saying it could easily ensnare protesters, activists, or demonstrators acting in good faith.

“As long as someone points to something that resembles, in any way, a so-called hate symbol, it can trigger police action,” he said, warning that enforcement could hinge on perception rather than intent.

Concerns over religious expression

Zhou also raised alarm over amendments he says weaken long-standing protections for religious speech.

“It essentially attacks and more or less destroys the protection within our Criminal Code that safeguards religious free speech,” he said, noting that religious discussions and interpretations that were previously lawful could now face criminal scrutiny.

“It’s a matter of free speech and free religion. It’s part of being Canadian,” Zhou added.

Civil society pushback grows

The NCCM’s concerns echo those raised by a coalition of 37 civil society organisations, including the Canadian Civil Liberties Association, which warned in October that Bill C-9 risks “serious and unjustified infringements” on Charter-protected rights.

Critics have also pointed to the removal of the attorney general consent requirement as eliminating a key safeguard against selective or inconsistent prosecutions.

In an opinion piece in The Toronto Star, human rights lawyer Faisal Kutty cautioned the bill could “criminalise dissent while expanding state power,” chilling lawful expression and peaceful assembly.

In early December, a multi-faith and civil society coalition held a news conference in Ottawa, urging the government to withdraw the bill and engage in meaningful consultations. Participants warned that the legislation threatens a broad range of Charter rights, including freedom of assembly and protest.

Zhou said NCCM is now partnering with hundreds of Muslim and non-Muslim organisations nationwide to press lawmakers to pause the bill.

“This bill needs to be studied before it passes,” he said. “If it goes through as-is, all options are on the table — including a Charter challenge in court.”