Liberals to make it a crime to promote hate against identifiable group by using terror symbols

OTTAWA — The federal Liberal government is planning to make it a crime to intentionally promote hate against an identifiable group by displaying designated terror and hate symbols in public, National Post has learned.

It comes as Justice Minister Sean Fraser is preparing to table a bill this week to make it an offence to wilfully and intentionally obstruct places of worship, schools, and community centres, which could also include other places where an identifiable group gathers, such as a gay bar and religious college or a daycare.

Fraser has signalled that the bill would go further than the commitments Liberals promised in their spring election platform, which also included making it an offence to “intentionally and wilfully” threaten those attending those locations.

A senior source speaking on background says the government is preparing to address hate and terror symbols being used in public by making it a crime to do so when those symbols belong to groups listed as designated terrorist entities and are used to promote hate against an identifiable group.

Public Safety Canada currently has dozens of groups listed as terrorist entities, which the government designates based on reviews by officials and police.

Being listed as a federal terrorist entity makes it a crime to provide them with financing or other material support.

Jewish community groups have raised concerns about the presence of flags from Hamas or Hezbollah, groups long listed on Canada’s terrorist list, in protests staged against Israel’s ongoing war with Hamas, triggered by its attacks against southern Israel in October 2023.

Owning or displaying such symbols in one’s home would not be covered by the offence, the source said, as it would not be considered an act of promotion or used in an act against an identifiable group, which would be the criteria.

To clarify what constitutes hate, the government is also planning to define what a hate crime and hatred are in the Criminal Code in an effort to help law enforcement know when to lay such a charge, the source said.

To further address concerns that some hate propaganda offences are not resulting in charges, the government is also planning to remove the requirement for police and Crown prosecutors to recieve the consent of an attorney general before laying a charge.

Doing so would remove a “barrier” to laying such a charge, the source said, to see matters move more quickly through the courts.

The Criminal Code lists hate propaganda offences as advocating genocide, the public incitement of hatred and the wilful promotion of hatred, all of which deal with statements made in public.

Laying a hate propaganda charge has required the consent of an attorney general to safeguard the Charter protections of freedom of speech and freedom of expression.

Ensuring those rights are upheld will be the lens through which civil society, community organizations and academics will be judging Fraser’s forthcoming legislation.

Earlier on Wednesday, Fraser expressed confidence in the government’s ability to respect Canadians’ freedom of expression while also taking action to prevent hate.

His predecessor, former justice minister Arif Virani, received widespread backlash for what civil liberties advocates and academics panned as draconian measures to address the rise in police-reported hate crime in the government’s former online harms bill, which failed to pass Parliament before the spring federal election.

It included stiffer punishments for hate-related offences and proposed allowing Canadians to file human rights complaints with the Canadian Human Rights Commission based on hate speech.

• Justice minister says he wants to see forthcoming hate crime bill passed quickly
• Police-reported hate crimes against Jews increased sharply: Statistics Canada

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our politics newsletter, First Reading, here.