Bill C-9 aims to address hate crimes by amending the Criminal Code to add new offences and remove barriers to prosecution. Undoubtedly, hate is wrong, causes real harm in society, and must be confronted. It is because the combat of hatred is so important that we need to ensure that these efforts are both effective and constitutionally sound.
On that front, Centre Street Church and the Evangelical Fellowship of Canada (EFC) support the bill’s intent to address anti-religious threats and violence, ensuring adherents can access religious facilities without hindrance or intimidation.
However, the bill extends into areas of expression in ways that could unjustifiably infringe on Charter-protected free speech rights.
Section 319(2) of the Criminal Code currently provides four defences to the offence of willful promotion of hatred, including a “good faith” defence. It creates a defence for expression that might otherwise be deemed hateful, if it is based on a “good faith” interpretation of a religious text. This helps to ensure the hate provisions aren’t used to silence or suppress religious beliefs that others may find objectionable or offensive.
Bill C-9, as currently written, would remove that defence. This may result in more investigations, charges, prosecution and convictions, for speech – including online—that the government deems hateful.
Furthermore, Bill C-9 would remove the requirement for provincial attorney general approval before laying hate-crime charges, potentially allowing police to pursue cases even when there is little chance of conviction. The bill would allow private individuals to file complaints, potentially subjecting churches and pastors to lengthy and expensive legal proceedings, even when the risk of substantial penalties is minimal.
The proposal to remove the good faith religious belief defence is being put on the table at a time when minority religious beliefs on marriage, sexuality and gender are increasingly marginalized and frequently described as hateful.
Last but not least, removing this defence would further marginalize religious minority communities, at a minimum. It would give the perception that beliefs grounded in religious texts are less protected.
What can you do?
Bill C-9 will likely be discussed around late January or February 2026 and we encourage you to contact your MP and voice your concerns about the religious belief defense. Use the email generator template below to contact your MP and share your concerns about Bill C-9.
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