Bill C-9: Referred to Senate Committee on Human Rights

Bill C-9 has been sent to the Standing Senate Committee on Human Rights after ongoing debates during second reading.

Debate Highlights Issues with C-9

The debate focused on how Bill C-9 would operate in relation to existing laws, and how it could significantly impact the constitutional foundation of the existing Criminal Code offences.

While Bill C-9 aims to address the rise of hate crimes in Canada, it is unclear whether Bill C-9 will actually combat hate crimes or will “mainly add another layer to the Criminal Code, while many of the necessary tools already exist but do not always appear to be used”. Importantly, and as CCCC urged MPs to consider, the question was raised about whether new offences should even be created, or whether the issue is really one of enforcing existing law.

Referencing the good-faith religious defence and the Supreme Court’s decision in R v. Keegstra, one Senator explained how the Court found that the crime of wilful promotion of hatred infringed freedom of expression; however, the existence of defences in s 319(3), including the good faith religious defence, sufficiently protected expression, and ensured the offence was constitutionally justified. Due to the proposed removal of the good-faith religious defence, as well as the other changes brought forth by Bill C-9,

[t]he Senate has a particular responsibility when a bill amends the Criminal Code. It must determine whether the text stands up, whether its scope is properly circumscribed and whether the proposed changes have been adequately justified.

Considering the amendments and impacts, Senators voted to refer Bill C-9 to the Standing Senate Committee on Human Rights.

What is Next for Bill C-9?

When bills are sent to a Senate committee (“Committee”), they are studied by a group of senators who will make recommendations for improvement. The Committee will rely on its own expertise, witness testimony, and written briefs. Once reviewed, the Committee will prepare a report (“Report”) outlining its recommendations and changes. The Report will be sent to the Senate for a vote. If the Report is adopted, the third reading will begin. If the Report is rejected, the bill will be defeated.

What You Can Do

If you or your organization is concerned about Bill C-9, you may wish to call or write to a senator. We will provide updates on Bill C-9 as it proceeds in the Senate here on our blog. If you have questions or would like support, please contact our Member Support Team by phone or email.