03/27/2026
🚨TDF alerts religious communities as Bill C-9 passes third reading: Religious speech protections removed
“Combatting Hate Act” dramatically expands censorship powers and clears the path for more prosecutions of churches and pastors.
TORONTO— The House of Commons has passed Bill C-9, known as the “Combatting Hate Act,” at third reading. The bill now moves to the Senate.
TDF strongly opposed this legislation and publicly warned that it would criminalize lawful religious expression. Despite our objections and those of other civil liberties and religious groups, the bill has now passed third reading.
What Bill C-9 Changes
The bill makes three major changes to Canada’s Criminal Code that significantly expand the scope of “hate speech” offences:
Codifies definition of “hatred”
The bill incorporates the concept of “hatred” as “vilification and detestation.” Courts have struggled to provide consistent, unambiguous implementation and analysis of this concept.
Removes religious speech protection
The Criminal Code previously contained a religious defence to protect religious expression and debate: no one could be convicted of willful promotion of hatred if they were expressing, in good faith, an opinion on a religious subject or opined on a belief in a religious text. Bill C-9 removes this religious defence. This leaves pastors, priests, rabbis, imams, and ordinary believers vulnerable to prosecution for publicly teaching or discussing traditional religious beliefs.
Easier to lay charges
While the bill still requires the Attorney General's consent before some hate crime charges can be brought, the new "hate-motivated" offence does not require such consent. This will make it easier for prosecutors to lay an additional "hate-motivated" charge where they simply allege that hatred was a motivating factor. TDF lawyers have seen the Crown allege "hatred" in cases where very little evidence exists.
Taken together, these changes dramatically increase the risk that churches, pastors, and religious individuals will face criminal charges for publicly expressing sincerely held religious views.
TDF litigation director, Mark Joseph, said: “This is a direct attack on religious freedom and free expression. By removing the religious defence while codifying an ambiguous concept of hatred, the government has facilitated the potential prosecution of Christians, Jews, Muslims, Sikhs, and other believers. Even academic discussions may be caught by this new hate speech law. TDF lawyers have represented clients wrongly charged with hate-motivated offences; the threshold to bring these charges is currently low. If the bill becomes law, we expect the Crown to pursue more charges against churches and pastors in the coming days.”
Canadians whose religious speech, sermons, online posts, or public statements may now be targeted under these new rules are urged to contact TDF: our lawyers will review and assist where possible. TDF is committed to helping protect religious communities confronted with criminal charges for practicing their faith.
TDF will continue to oppose Bill C-9 and all government efforts to restrict lawful speech and religious liberty.
Read the full update and support our work here: https://www.thedemocracyfund.ca/tdf_alerts_religious_communities_as_bill_c_9_passes_third_reading_religious_speech_protections_removed .tab=0
