Conservatives say Liberals are 'gaslighting' with 'clarifying language' for contentious hate speech bill

OTTAWA — The Liberals proposed to add “clarifying language” to their contentious bill targeting hate and terror symbols Monday that they say will protect religious speech from being deemed promotion of hate.

But Conservatives say the proposed change is meaningless as Bill C-9 remains stuck in committee study while parties argue over a controversial deal between the Liberals and Bloc Québécois to remove the religious exemption from hate-speech laws.

Bill C-9, Prime Minister Mark Carney’s government’s first major justice bill, proposes to create a new offence for intimidating someone to the point of blocking their access to a place of worship or another centre used by an identifiable group. It would also criminalize the act of promoting hate by displaying a hate or terror symbol, such as one tied to a listed terrorist organization or a swastika.

But the legislation has been stuck in the Commons justice committee since November as Liberals, Conservatives and the Bloc argue over the effects of a major amendment passed by the government and the Bloc.

The Liberals agreed to a Bloc proposal to amend C-9 to remove what is commonly referred to as the “religious exemption” to some hate speech laws.

Currently, section 319 of the Criminal Code exempts individuals from being convicted of promoting hateful or antisemitic speech if they expressed “in good faith” an opinion “based on a belief in a religious text.”

While the amendment was meant to secure Bloc support for the bill, it led to an uproar from Conservatives, civil rights and many faith groups, further stalling the legislation.

Since then, committee meetings on C-9 have been cancelled at the last minute or have been set aside to study another bill as parties negotiate a way forward behind the scenes.

On Monday, the Liberals presented a new olive branch to Conservatives by proposing to add “clarifying language” to the bill that aims to address the concerns raised “sincerely” by faith groups, legal experts and civil society, Liberal MP Patricia Lattanzio told committee.

The note states that “nothing in subsection 319(2) or (2.2) shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not willfully promote hatred, hatred against an identifiable group by communicating the statement.”

Lattanzio argued that the religious exemption created “interpretive ambiguity” and that the change proposed in C-9 does not change the high bar for a charge of willful promotion of hatred.

“For greater clarity, the bill will state in plain terms that nothing in this legislation affects worship, sermons, prayer, religious education, peaceful debate, or even the good faith of reading and discussion of religious texts,” Lattanzio told MPs.

But Conservatives quickly rejected the Liberals’ olive branch.

Opposition MP Andrew Lawton accused the Liberals of “gaslighting” members because the proposed clarification in fact maintains the ability to convict someone for willful promotion of hate when citing religious text.

In response, he proposed the committee vote to remove the caveat specifying “if they do not willfully promote hatred, hatred against an identifiable group by communicating the statement.”

“There’s no protection given. We’re just being told that, ‘don’t worry, we’re not going to erode your religious freedoms’,” he argued.

It was not clear if Conservatives would agree to finish the study of C-9 if the Liberals consented to their change to the clarifying language.

Before Lawton’s change was debated, the committee suspended its work and is expected to reconvene on Wednesday.

Supporters of the religious exemption have argued that removing it could stifle Canadians’ freedom of speech and right to practise their faith.

Critics of the exemption, such as Jewish and LGBTQ groups, have argued that it has allowed for the proliferation of antisemitic and homophobic comments under the guise of religious speech.

Earlier this month, Conservative House Leader Andrew Scheer proposed the Liberals split bill C-9 into two bills, suggesting the opposition party would be willing to support the core measures such as creating additional protections around places of worship to prevent someone’s access being impeded by protests.

National Post

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