Constitutional lawyer James Manson to testify before Senate Committee on controversial Bill C-9 provisions

OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that constitutional lawyer James Manson will appear before the Standing Senate Committee on Human Rights today at 3:00 p.m. ET to present concerns about Bill C-9, proposed federal legislation that would expand Canada’s hate speech and hate crime laws while removing longstanding protections for religious expression. Canadians can watch the proceedings live at this link: Senate Committee livestream and meeting notice Bill C-9 would repeal the Criminal Code’s existing “religious defence” for individuals expressing opinions based on religious beliefs or religious texts in good faith. The legislation would also create new hate-related offences, including offences related to displaying certain symbols, alleged hate-motivated crimes, and protests or demonstrations that could be interpreted as provoking fear near religious or cultural locations. In a written submission filed with the Committee on behalf of Charter Advocates Canada, Mr. Manson warns that Bill C-9 threatens freedom of expression, freedom of religion, and peaceful assembly protected under the Canadian Charter of Rights and Freedoms. The submission argues that Bill C-9 would:

• repeal the longstanding “religious defence” in section 319(3)(b) of the Criminal Code;
• create vague and duplicative new hate-related offences;
• increase the risk of arbitrary enforcement against peaceful protests and public demonstrations; and
• chill lawful religious discourse and public debate.

Importantly, the submission notes that the very religious expression exemption now proposed for removal has long served as a constitutional safeguard protecting Canadians from excessive government control over lawful speech, religious discussion, and good-faith public debate. The submission also raises concerns that the legislation could chill lawful religious expression by exposing individuals to criminal investigation or prosecution for quoting or discussing religious texts in good faith. The submission concludes by recommending that multiple sections of Bill C-9 be removed entirely. Canadians concerned about freedom of expression, religious liberty, and the future scope of federal hate speech laws are encouraged to contact their Members of Parliament and Senators and urge them to oppose Bill C-9’s removal of the religious expression protections currently found in the Criminal Code. The Justice Centre is Canada’s leading civil liberties organization fighting for Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.