The BC Humanist Association (BCHA) is welcoming the end of the religious hate speech defence, though it remains concerned about the impacts of Bill C-9 on freedom of expression, as the bill passed the House of Commons last week.
Bill C-9 attempts to reform Canada's hate crime laws by legislating certain definitions and creating new crimes for displaying hate symbols and obstructing access to places of worship. In its brief to the House of Commons Justice Committee last fall, the BCHA warned that the latter offence privileged religious institutions over people's right to protest.
The prohibition on protesting outside places of worship is similar to, and more expansive than, BC's Bill 13, which the BCHA has opposed.
The BCHA also called on the House of Commons Committee to use the bill to remove the religious defences for hate symbols and hate speech from the Criminal Code. These were adopted by members of the Justice Committee and passed a vote of all MPs on March 25, 2026.
Specifically, the bill was amended to repeal Paragraphs 319(3)(b) and 319(3.1)(b) of the Criminal Code, which state that
"No person shall be convicted of an offence under [wilful promotion of hatred or antisemitism]...if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text."
Additionally, "religion" has been removed as a defence for the proposed crime of publicly displaying a hate symbol. The defences of journalism, education and art remain.
"Religion shouldn't be a shield to demonize marginalized communities," said Ian Bushfield, BCHA Executive Director. "At the same time, we remain concerned by this trend toward protecting venues from democratic protests."
In its letter to the BC MLAs on Bill 13, the BCHA noted that recent protests around places of worship have included Sikhs upset that their Gurdwaras hosted Indian government delegations, pro-Palestine activists speaking out about Israeli real estate seminars for the Occupied West Bank hosted at Synagogues, and LGBTQ2S+ allies protesting MAGA-affiliated concerts at Evangelical Churches.
Bill C-9 passed with the support of the Liberals and Bloc Québécois; while Conservative, NDP and Green MPs voted against it. Notably, Conservative MPs opposed the removal of the religious hate speech defence, and multiple MPs held Bibles during the vote.
"This stunt needs to be called out for undermining the duty of religious neutrality that Canadians expect of the House of Commons," added Bushfield. "That's why we've repeatedly called on MPs to end the House's daily prayers."
Bill C-9 now heads to the Senate for further debate and review. The BCHA will be following its progress.
