Canada’s New Hate Crimes Bill: Important Questions About Free Speech and Enforcement

Article Last Updated: 05 Jul at 11:42 PM

On September 19, 2025, the federal government introduced Bill C-9, sweeping legislation aimed at curbing hate crimes in Canada. Tabled by Justice Minister Sean Fraser under Prime Minister Mark Carney’s government, the bill has drawn both praise and criticism for its scope, its intent, and its possible consequences for free expression and protest rights.

At Dhanu Dhaliwal Law Group (DDLaw), we understand the importance of protecting vulnerable communities from hate. But as Rob Dhanu KC, our co-founding partner and a former B.C. prosecutor, explained to the Toronto Star, laws that go too far or are poorly defined risk creating new problems without fixing the old ones.


What Bill C-9 Proposes

Bill C-9 introduces several major Criminal Code revisions:

  • Hate-motivated crime becomes a specific offence in the Code.

  • Intimidating or obstructing people at places of worship, schools, or community centres primarily used by identifiable groups would be criminalized.

  • Displaying government-designated terror symbols or Nazi imagery with the intent of promoting hatred would be illegal (with limited exceptions for journalism, religion, education, or art).

  • Police could lay hate-crime charges without the Attorney General’s consent, speeding up prosecutions.


Rising Hate Crimes in Canada

The government points to alarming statistics: hate crimes in Canada have doubled since 2018, with reports of synagogue firebombings, assaults on hijab-wearing women, and widespread vandalism targeting religious and ethnic groups. Jewish organizations like B’nai Brith Canada praised the bill, urging Parliament to pass it quickly and frame the fight against hate as non-partisan.


Concerns Raised by Civil Liberties and Advocacy Groups

Not everyone supports Bill C-9.

  • National Council of Canadian Muslims (NCCM) said the bill’s provisions were rushed, overly broad, and potentially harmful to free speech and protest rights.

  • Canadian Civil Liberties Association (CCLA) warned the vague language could stigmatize dissent, especially during protests over sensitive issues like foreign conflicts.

  • Critics compared Bill C-9 to Harper-era “glorification of terror” provisions that faced strong backlash for being unworkable and overreaching.


Rob Dhanu KC: Why This Bill May Not Solve the Problem

Rob Dhanu KC, quoted in the Toronto Star, raised concerns that existing laws already criminalize mischief and intimidation, questioning whether new offences are truly necessary.

“Proving ‘willful promotion of hatred’ when someone is displaying a terror symbol may require hate speech that would already be illegal under Canadian law,” Rob explained.

He also warned that allowing police to bypass Attorney General oversight could lower the bar for charges against speech. While it may speed up prosecutions, it risks opening the door to abuse of enforcement powers.

“It’s a bit of a Band-Aid solution to what I would describe as probably serious societal hemorrhaging,” he said.


Why This Matters

Bill C-9 highlights a recurring tension in Canadian law: how to protect communities from hate while safeguarding constitutional freedoms like expression and protest. Poorly drafted or overly broad laws can lead to miscarriages of justice — the very problem they aim to prevent.

At DDLaw, we believe that while hate must be taken seriously, laws must be carefully balanced, precisely defined, and consistently applied. Otherwise, the risk is not just chilling legitimate speech but also undermining public trust in the justice system.


Related Resources


Frequently Asked Questions

What is Bill C-9?
Bill C-9 is the Carney government’s proposed hate crimes bill. It defines hate in the Criminal Code, creates new hate-motivated offences, bans hate symbols, and allows police to lay charges without Attorney General consent.

Will Bill C-9 restrict protests?
Civil liberties groups worry the bill’s vague language could chill protests and dissent, especially around political or international conflicts. The government insists legitimate protest is protected, but enforcement will be fact-specific.

Do we already have laws against hate speech and intimidation?
Yes. Canada’s Criminal Code already prohibits willful promotion of hatred, incitement of violence, mischief, and intimidation. Critics like Rob Dhanu KC argue that Bill C-9 may duplicate existing provisions without solving deeper causes of hate.

Why does Attorney General oversight matter?
Currently, hate speech charges require AG approval, which acts as a safeguard. Removing that step speeds up cases but may lower the bar for prosecution and risk overreach.

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