The Canadian Parliament's Bill C-9, the Combatting Hate Act (full text), received Royal Assent on June 18. It comes into force on July 18. The Act provides in part:
(2.2) Everyone commits an offence who wilfully promotes hatred against any identifiable group by displaying, in any public place, (a) a symbol that is principally used by, or principally associated with, a listed entity, as defined in subsection 83.01(1); (b) the Nazi Hakenkreuz or the Nazi double Sig-Rune, also known as the SS bolts; or (c) a symbol that so nearly resembles a symbol described in paragraph (a) or (b) that it is likely to be a symbol described in paragraph (a) or (b)....
320.1001 (1) Everyone who commits an offence ... under this Act or any other Act of Parliament, if the commission of the included offence is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression, is (a) guilty of an indictable offence and liable to the punishment provided for in subsection (5); or (b) guilty of an offence punishable on summary conviction....
Clarification. (3) For greater certainty, the commission of an offence under this Act or any other Act of Parliament is not, for the purposes of this section, motivated by hatred based on any of the factors mentioned in subsection (1) solely because it discredits, humiliates, hurts or offends....
423.3 (1) Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in a person in order to impede their access to (a) a building or structure, or part of a building or structure, that is primarily used (i) for religious worship, or (ii) by an identifiable group, as defined in subsection 318(4), (A) for administrative, social, cultural or sports activities or events, (B) as an educational institution, including a daycare centre, or (C) as a residence for seniors; or (b) a cemetery....
(2) Every person commits an offence who, without lawful authority, intentionally obstructs or interferes with another person’s lawful access to a building or structure, or part of a building or structure, referred to in paragraph (1)(a) or to a cemetery....
Exception. (4) No person is guilty of an offence under subsection (2) by reason only that they attend at or near, or approach, a building or structure referred to in paragraph (1)(a) or a cemetery for the purpose only of obtaining or communicating information.
A press release from the Canadian Department of Justice summarizes the Act.
Sixty-three Canadian civil rights groups issued a statement (full text) expressing concern about the new law. The Statement says in part:
... Legislative responses to hate ... must be carefully tailored to ensure that they are consistent with the Canadian Charter of Rights and Freedoms and do not create unintended consequences for the civil liberties they seek to protect.
Bill C-9 introduces several provisions that raise significant concerns regarding freedom of expression, freedom of peaceful assembly, and the potential for arbitrary or disproportionate enforcement....
