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Summary#
This bill removes one legal defence for people charged with wilful promotion of hatred or antisemitism. It repeals the defence that the person, in good faith, expressed an opinion on a religious subject or based on a religious text (Bill, repealing Criminal Code s.319(3)(b) and s.319(3.1)(b)). It does not create new crimes or change penalties.
- Removes the “good-faith religious opinion” defence for hate-promotion offences (Bill).
- Keeps other defences, including truth, public-interest discussion, and intent to remove hateful material (Criminal Code s.319(3)(a), (c), (d); s.319(3.1)(a), (c), (d)).
- Applies to two offences: wilful promotion of hatred against an identifiable group (Criminal Code s.319(2)) and wilful promotion of antisemitism by condoning, denying, or downplaying the Holocaust (Criminal Code s.319(2.1)).
- Prosecutions still require consent of the Attorney General (Criminal Code s.319(6)).
- Penalties for s.319(2) remain up to 2 years on indictment, or by summary conviction (Criminal Code s.319(2)).
- If enacted, the change would take effect on Royal Assent; the bill sets no later date (Bill).
What it means for you#
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Households
- Speech that wilfully promotes hatred against an identifiable group, even if framed as a religious view, would no longer have a specific religious-opinion defence (Bill; Criminal Code s.319(2), s.319(3)(b) repealed).
- The Crown must still prove “wilful” promotion and other elements set by courts. Other defences remain, such as truth and public-interest discussion with reasonable belief (Criminal Code s.319(3)(a), (c)).
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People of faith and faith leaders
- Sermons, publications, or posts that wilfully promote hatred or Holocaust denial cannot rely on the religious-opinion defence (Bill; Criminal Code s.319(2.1), s.319(3.1)(b) repealed).
- You could still argue other defences, like truth, public interest, or intent to remove hateful material (Criminal Code s.319(3)(a), (c), (d); s.319(3.1)(a), (c), (d)).
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Educators, advocates, and media
- Academic or public-interest discussions remain protected if you reasonably believe the statements are true and the topic is of public interest (Criminal Code s.319(3)(c)).
- Content that crosses into wilful promotion of hatred cannot use the religious-opinion defence (Bill).
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Targeted communities
- The change aims to make it easier to prosecute hate promotion that uses religious justification, including Holocaust denial (Bill; Criminal Code s.319(2.1)).
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Law enforcement and prosecutors
- Case screening stays the same: Attorney General consent is required (Criminal Code s.319(6)).
- The available defences narrow by one item, which may affect charge approval and trial strategy (Bill).
Expenses#
Estimated net cost: Data unavailable.
- No appropriations, fines, fees, or revenue changes are stated in the bill text (Bill).
- No official fiscal note identified. Data unavailable.
Proponents' View#
- Closes a loophole: People who promote hate sometimes frame it as a religious belief. Removing the religious-opinion defence prevents shielding wilful hate behind scripture or doctrine (Bill; Criminal Code s.319(3)(b), s.319(3.1)(b) repealed).
- Targets Holocaust denial more effectively: The specific offence for wilful promotion of antisemitism through condoning, denying, or downplaying the Holocaust is harder to evade without the religious defence (Criminal Code s.319(2.1)).
- Protects free expression through other safeguards: Truth, public-interest discussion, and intent-to-remove defences remain, plus the Attorney General consent gate (Criminal Code s.319(3)(a), (c), (d); s.319(6)).
- Narrow change, no new crimes: Elements of the offences and penalties do not change. Only one defence is removed, so the law stays focused on wilful hate, not ordinary debate (Bill; Criminal Code s.319(2), (2.1)).
Opponents' View#
- Risk to religious expression: Removing the religious-opinion defence may chill sermons or faith-based discourse, even if charges are unlikely to succeed (Bill).
- Charter litigation risk: Critics may argue the change weakens protections for freedom of expression and religion (Charter s.2(a), s.2(b)), increasing the chance of constitutional challenges. Data unavailable on outcomes.
- Uncertain boundaries: The “wilful promotion of hatred” standard is defined by case law, not the bill. Without the religious defence, some speakers may self-censor to avoid legal risk (Criminal Code s.319(2); Bill).
- Enforcement concerns: Uneven application is possible because prosecutions depend on Attorney General consent and case-by-case judgment, which could create inconsistency. Data unavailable.