June 17, 2026, OTTAWA–The adoption of Bill C-9, the Combatting Hate Act, without necessary amendments presents a new and significant risk to Charter rights and civil liberties of all people in Canada, including those communities that the government wishes to help protect, says a Canadian civil liberties coalition.

The ICLMG has observed with distress the increase in hate-based violence across Canada over the past several years, and believes greater measures must be taken to address it. But such measures must be targeted and specific, and must not unduly impact civil liberties or Charter rights — including those of the very communities the measures are meant to protect. Unfortunately, several measures in Bill C-9 fail that test.

“The government had the opportunity to ensure that new laws to address the rising number of violent hate acts in Canada were targeted and specific. Instead, new hate provisions involving the use of symbols as hate propaganda and new offences for intimidation or obstruction near religious or cultural places – even when used for unrelated purposes – are so broad that they would be used in discretionary or discriminatory ways to criminalize speech and actions that may be disagreeable or distasteful, or simply critical of the government, but are not hateful or criminal in nature,” said Tim McSorley, national coordinator of the International Civil Liberties Monitoring Group (ICLMG).

Criminalization of the display of “hate” symbols

For example, the bill creates a new offence of wilful promotion of hatred by displaying symbols associated with listed terrorist entities, as well as symbols that closely resemble them. The government has argued that the offence is limited in its scope and would not apply to the mere display of such symbols; rather, they would need to be displayed in a way that also promotes hatred. However, legal and civil liberties advocates, including the ICLMG, have disputed this point, stating that the wording of the offence will allow police to interpret the display of a symbol as in and of itself promoting hatred – a serious infringement on free expression, which, for that very reason, is not even found in Canada’s anti-terrorism laws. Regardless of the breadth of the offence, granting police the discretion to determine what symbols are associated with a terrorist entity – and what is considered “close enough” to resemble one – constitutes a grave risk for discretionary enforcement, overpolicing, and the stifling of free expression and dissent.

Already, political and cultural symbols associated with Palestinian culture and human rights, including the keffiyeh, have illegitimately been associated with terrorist entities or hate. These new provisions would be a license for police to detain people first, and ask questions later, during protests and other gatherings, further undermining freedom of assembly and free expression.

Moreover, basing a hate offence on the terrorist entities list (TEL) is in and of itself deeply troubling. The listing process for the TEL is secretive and discretionary, with governments responding to political pressure in making determinations of which organizations to list and when, while ignoring others. It has a troubling history of being used to target groups that have fought for rights of self-determination and against occupation, all while Canadian governments have failed to act against the much more prevalent and deadly violence enacted by states.

Further restrictions on freedom of assembly

New offenses in Bill C-9 regarding obstruction and intimidation in proximity to certain places, including places of religious worship, schools, community and sports centres – regardless of what these places are being used for – raise similar concerns. For example, groups have pointed out that had this offence already been in place, it could have been used to criminalize protests outside of synagogues during events that were illegally selling occupied land in the West Bank, an event not related to the religious nature of the building. Furthermore, the Criminal Code already allows for police to act on the basis of mischief, intimidation, harassment, or threats, including in regards to protests. This has been made amply clear in the history of policing – and over-policing – of protests across the country, including and especially demonstrations in support of Palestinian rights, such as the disruption of many lawful protests, and the violent dismantling of peaceful encampments. Not only is it clear that these new powers are unnecessary, the wording would also empower police to take discretionary action based on how they interpret the intent of protesters – not protesters’ actions.

The proposed new offences would carry significant penalties, including the threat of jail time, and will result in people who would ordinarily take action to speak out on important social issues refraining from doing so under the fear of being trapped in the dragnet of additional, unclear and broad discretionary powers.

In response, the ICLMG is calling on the government to issue clear guidance to police and prosecutors around the enforcement of the new offences created in Bill C-9 to ensure that they are enacted with restraint and respect for Charter rights. The ICLMG will also monitor the use of these new provisions, and is encouraging individuals to contact the coalition through its website at iclmg.ca/contact-us to help collect and compile examples.

More information:
Tim McSorley, national coordinator, ICLMG
(613) 241-5298
national.coordination@iclmg.ca