Canadians Welcome Pause on Bill C-9, a Threat to Free Expression
Pause follows concerns over free expression, religious freedom and Charter protections
Parliamentary consideration of Bill C-9, the proposed Combatting Hate Act, was paused on January 26, 2026, temporarily halting legislation that would amend the Criminal Code and expand enforcement powers related to hate-motivated speech.
The pause has been welcomed by civil-liberties advocates and other Canadians who argue the bill posed risks to freedom of expression and long-standing Charter protections.
Existing Hate-Speech Laws
Hate speech is already illegal in Canada. Sections 318 and 319 of the Criminal Code make it a criminal offence to advocate genocide or to publicly incite hatred against an identifiable group.
Legal observers have noted that Bill C-9 would not have changed those core prohibitions. Instead, the bill proposed removing the requirement that hate-speech prosecutions receive prior approval from the Attorney General — a safeguard intended to ensure consistent application of the law and to prevent misuse of criminal provisions related to expression.
If enacted, decisions about whether to pursue charges connected to speech would have rested entirely with local police and prosecutors.
Charter and Expression Concerns
Critics argued that removing Attorney General oversight could lead to an increase in investigations or prosecutions related to lawful speech, including online expression. They also raised concerns that the bill would weaken protections for beliefs and opinions held in good faith, protections that have traditionally helped balance criminal law with freedom of conscience.
Several faith communities expressed concern that the proposed changes could expose religious leaders and individuals to criminal scrutiny for expressing teachings found in sacred texts, particularly on issues related to human sexuality.
Federal officials have said the legislation was not intended to criminalize religious belief. However, public comments from cabinet ministers suggesting that certain religious texts could be viewed as hateful contributed to concern among faith-based groups.
Broader Legislative Context
The pause on Bill C-9 comes amid broader debate over the federal government’s approach to regulating speech, particularly online.
Parliament has already passed the Online Streaming Act (Bill C-11) and the Online News Act (Bill C-18), both of which expanded federal oversight of digital content. The government has also indicated it intends to reintroduce Bill C-63, the Online Harms Act, or legislation with similar objectives.
The Justice Centre for Constitutional Freedoms (JCCF) has warned that proposed online-harms legislation relies on broad and undefined language that could have unintended consequences for lawful expression, due process and privacy.
What Happens Next
Bill C-9 has been paused but not withdrawn, and no timeline has been set for when it may return.
At the same time, the federal government has indicated it intends to revive Bill C-63, the Online Harms Act, or introduce similar legislation. Critics warn such laws could expand censorship and state surveillance, despite existing Criminal Code provisions already prohibiting harm to children.
Observers say the pause offers Parliament an opportunity to reassess how hate-speech and online-safety laws can be addressed without undermining Charter protections.
TAKE ACTION
Stop the Online Harms Act
Send a pre-written letter to the Minister of Justice and the Prime Minister urging them not to reintroduce Bill C-63 or similar legislation HERE.
Sources:
Justice Centre for Constitutional Freedoms, Justice Centre launches national campaign opposing the return of the Online Harms Act
Criminal Code of Canada, Sections 318–319
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