The Liberal government is introducing new legislation on Friday to make it a crime to intentionally promote hatred against identifiable groups in public using certain hate- or terrorism-related symbols like swastikas, CBC News has learned.
A source with knowledge of the government’s plan says the change includes symbols associated with terrorist entities on Canada’s list which includes the Proud Boys, Hamas and Iran’s Islamic Revolutionary Guard Corps.
If passed, it would, for example, make it a crime for someone to promote hatred against Jewish people using Hamas flags or swastika signs outside a synagogue.
The new bill is part of the government’s promise to address a rise in hate incidents in Canada including antisemitism and Islamophobia. The government is facing criticism from the Conservatives that it’s failed to take action after calls from communities for help over the past two years.
Jewish and Muslim groups say they’ve waited far too long for additional protection after reporting a spike in acts of violence, vandalism and hate aimed at them, their places of worship and other buildings. Incidents include shootings, fires, windows smashed and people harassed and intimidated entering places of worship.
The total number of police-reported hate crimes across the country increased from 2,646 incidents in 2020 to 4,882 in 2024, according to Statistics Canada.
CBC News reported details last week about the incoming legislation that would include cracking down on people willfully intimidating and obstructing individuals from entering places of worship, cultural community centres and schools.
A source now says the legislation also aims to cut out the politics and red tape preventing some hate propaganda charges from being laid and slowing down the court process.
Prime Minister Mark Carney’s government is expected to introduce new legislation to protect places of worship and other cultural sites after a string of attacks on mosques and synagogues.
The proposed changes would remove a requirement that prosecutors must get the provincial attorney general’s consent to lay charges for these kinds of crimes, the source said.
There are four hate propaganda offences: advocating genocide, public incitement of hatred, willfully promoting hatred and willfully promoting antisemitism.
Under the Criminal Code, there are currently a series of instances where an attorney general’s consent is required, including seizing hate propaganda, obtaining wiretap authorizations and initiating a dangerous offender application.
The bill could be controversial and face questions about whether it would infringe on people’s Charter rights which guarantee the freedom of thought, belief and expression.
Justice Minister and Attorney General Sean Fraser told reporters Wednesday that the Supreme Court has guidance for balancing the right to free speech with public safety.
He was asked what this legislation means for people protesting outside a place of worship or cultural building being used for a political event.
He said the government would still allow for “protest on issues that [protesters] feel are of great importance to the country, without compromising on the essential public safety imperative of addressing hate, not just at our religious institutions but as it takes place in our communities across the board.”
Fraser said he thinks the government has “done a good job” to accommodate Charter rights.
Spike in hate incidents
The National Council of Canadian Muslims (NCCM) has said the upcoming bill needs to strike the right balance. It said no one should be harassed in Canada, but the rights of people to peacefully protest should also be protected.
The organization recently spoke out about the government’s failure to act after York Regional Police arrested a man for an alleged hate-motivated incident after he threatened to blow up a mosque and kill a Muslim family in Newmarket, Ont.
“I feel like I’m reliving the same nightmare over and over again,” said Omar Khamissa, chief operating officer at NCCM.
“Each time there’s another threat, another act of violence, we hear the same promise of change. And yet here we are again, still waiting.”
After Molotov cocktail remnants were found at a Montreal synagogue, many Jewish community members are afraid. Police forces in several Canadian cities are reporting a rise in hate incidents and hate crimes against Jewish and Muslim communities since the Israel-Hamas war began.
Noah Shack, CEO of the Centre for Israel and Jewish Affairs (CIJA), said earlier this week the bill is a “much-needed step in the right direction” but wants the government to do more, including enforcing laws already in place, filling in gaps in Canada’s anti-terror legislation and increasing security for communities in the November budget.
Conservative deputy leader Melissa Lantsman has said her party will assess the legislation once it’s tabled, but said they have proposed changes for years and the “Liberals did nothing.”
