B’nai Brith Canada calls on Parliament to adopt Bill C-9 with key amendments

by B’nai Brith Canada

OTTAWA – Citing a national rise in hate-motivated incidents, B’nai Brith Canada is urging a Parliamentary committee to recommend the Government adopt Bill C-9 with amendments.

“Bill C-9 is a critical step to update Canada’s Criminal Code to address modern forms of hate,” said Richard Robertson, B’nai Brith Canada’s Director of Research and Advocacy. “It includes new offences for hate-motivated actions and obstructing access to cultural places.”

Bill C-9, the Combatting Hate Act, would amend Canada’s criminal law to respond effectively to the documented surge in antisemitism, extremist activity and increases in reported hate-crimes. Aspects of the legislation are based on legislative amendments to combat hate in other jurisdictions, including Germany and Australia.

On November 27, B’nai Brith Canada delivered a 10-page submission supporting the bill to the House of Commons Standing Committee on Justice and Human Rights (JUST), which is debating the legislation. We called on its members to endorse it, with certain amendments.

Robertson said B’nai Brith Canada’s recommendations are designed to ensure that the legislation functions as intended by refining its scope, aligning it with Supreme Court precedent, and balancing efficiency with safeguards against misuse.

“Our amendments would maintain Attorney General consent for private hate propaganda prosecutions to block vexatious complaints,” he said.

“They would also sharpen the ban on hate symbols to include the giving of the Sieg Heil salute, remove the term “Nazi Swastika” from the legislation, create an offence related to the public display of terrorist symbols, codify the Supreme Court’s definition of ‘hatred,’ and remove the exemptions that allow purveyors of hate speech to dodge accountability.”

Hate-motivated offences have risen sharply across Canada in recent years, according to police reports from provinces and major cities nationwide. In its Annual Audit of Antisemitic Incidents in Canada for the year 2024, B’nai Brith Canada documented a 124% increase from 2022 to 2024, with over 6,200 incidents recorded. These trends coincide with the normalization of extremist symbols, the exploitation of statutory exemptions and the expansion of digital environments that facilitate the circulation of hate-based content. B’nai Brith Canada argues that legislative updates are required to correct these gaps.

B’NAI BRITH CANADA’S RECOMMENDATIONS:

The Committee should support Section 3 and Subsection 4(2), while maintaining the requirement for Attorney General consent for private prosecutions under the Hate Propaganda provisions;

The Committee should reject the proposed Subsection 319(2.2) as drafted, limit it to hate symbols, remove the term “Nazi Swastika,” use the term Hakenkreuz (Hooked Cross), include the Sieg Heil salute, and create a new subsection under Section 83.18 prohibiting the public display of symbols used by listed terrorist entities;

The Committee should require that any codified definition of “Hatred” conforms with the Supreme Court of Canada’s articulation in the Whatcott decision;

The Committee should repeal or amend the exemptions in Subsections 319(3)(b) and 319(3.1)(b).

“As a society, we cannot allow the rise in hate-motivated activity to continue unchecked,” Robertson said. “Bill C-9, properly amended, will serve as an effective tool in defending the safety and dignity of all Canadians.”