A coalition of over 60 Canadian rights groups denounced on Friday the rushed enactment of the Combatting Hate Act in Parliament. The groups criticized the law for its vagueness and potential unintended chilling effect on the right to peaceful assembly.
The statement described the act as combating hate at the expense of the fundamental rights and freedoms protected by the Canadian Charter of Rights and Freedoms. One such criticized provision is the ban of symbols that “closely resemble” those associated with listed terrorist entities. In addition to its vagueness, the groups are concerned that the executive government makes the list with insufficient transparency and procedural fairness.
Apart from the prohibition of hate symbols, the coalition also raised concerns about the new offenses of obstruction and intimidation, banning any activities that impede or obstruct access to places of worship, schools, and community spaces. The statement contended that the law is overly broad, capturing peaceful protests around these institutions. The groups called for additional prosecutorial guidelines and oversight to avoid political prosecutions.
The act received royal assent on June 18 and is set to come into effect on July 18. Federal Justice Minister Sean Fraser said on Friday the new law responded to communities’ appeal for stronger protection against hate crimes, adding:
We’ve seen synagogues struck by gunfire, places of worship vandalized or burned, and people being targeted in their own communities. That is unacceptable. We cannot allow that kind of hate to become normal in Canada. These changes will help people worship and gather safely in their own communities, while supporting law enforcement with clearer tools to respond.
On May 6, Amnesty International called on Canada to address escalating online hate speech, particularly the increase of xenophobia, misogyny and racism.
Parliament faced backlash during the legislation process. Civil liberties groups raised concerns last fall about the overly broad new offenses that may compromise the freedom to peaceful assembly. On March 10, the House of Commons passed a motion to end its standing committee’s clause-by-clause consideration, which the opposition called “censorship.”
On the other hand, Parliament refused to outlaw residential school denialism in this legislation in early June, citing concerns about a lack of meaningful consultation. Indigenous communities have expressed their disappointment, saying they have provided support regardless.
Groups have also raised concerns about religious freedoms after the government removed the good-faith religious speech defense. The government, in its Friday press release, reiterated that the law does not criminalize religious teaching and the ability to practice religion.