Religion is no excuse for hate, Carney's newest minister says of proposed removal of hate speech defence

OTTAWA — A Liberal cabinet minister pushed back on Tuesday against accusations that removing a provision that shields individuals from a hate speech conviction should they express a statement based on a religious belief amounts to an attack on religious freedom. 

Marc Miller, a Montreal MP recently promoted to cabinet by Prime Minister Mark Carney, has served as chair of the parliamentary justice committee.

The newly minted minister responsible for Canadian Heritage and Official Languages said as a person of Christian faith with “very, very deep beliefs,” he does not believe a religious text should be used, “to escape from committing a hate crime,” or make a claim that hate was being promoted “in the name of a religious text.”

“I think if you talk to people of faith and even religious leaders, they would see that this is really something that makes sense,” Miller said on his way into the Liberals’ weekly cabinet meeting.

“Nobody should be committing a hate crime in the name of religion.”

The parliamentary justice committee is where amendments are expected to come forward to remove the religious defence that exists for the offence of the “wilful promotion of hatred.” It would come through changes to a piece of government legislation, which the Liberals have struck a deal with the Bloc Québécois to pass. 

As first reported by National Post, the Liberals and Bloc have teamed up to see them amend Bill C-9, known as the Combating Hate Act, by removing the religious defence exemption from the country’s hate speech laws and maintaining the rule that to lay a hate propaganda charge, a provincial attorney general must provide consent.

Critics have raised concerns about the bill in question for its proposals to create new intimidation and obstruction offences, which civil liberties and other advocates say raise the risk of police action against lawful demonstrations because some may find protests to be disruptive or offensive.

The bill, as originally presented, did not contain any changes to the religious defence exemption to the country’s hate speech laws.

However, the Bloc Québécois has for years pushed for the religious defence contained in section 319 of the Criminal Code to be scrubbed, with its party leader, Yves-François Blanchet, who confirmed the deal in a statement on Monday, saying that speech which “incites hatred” is criminal, whether or not it is said under “the guise of religion.” 

The section in question permits the propagation of hateful or antisemitic speech if the speaker expressed “in good faith” an opinion “based on a belief in a religious text.” The defence specifically applies to the offence of the “wilful promotion of hatred” and the promotion of antisemitism, which criminal law defines as “condoning, denying or downplaying the Holocaust.”

The Quebec party has pointed to the comments made by Montreal Imam Adil Charkaoui, who called for the extermination of “Zionist aggressors” during a public prayer back in 2023, as part of a demonstration related to the Israel-Hamas war.

Opposition Conservatives have vowed to fight the proposed changes to the religious beliefs defence, with party leader Pierre Poilievre calling it an “assault on freedom of expression and religion.”

Poilievre and other Conservative MPs slammed the proposal by circulating on social media a clipped section of remarks Miller made during the justice committee on the issue.

Miller on Tuesday accused Conservatives of “defending” individuals such as Charkaoui.

Charkaoui was never ultimately charged for his comments after an examination of evidence reviewed by Quebec prosecutors.

The Christian Legal Fellowship, a national association representing Christian lawyers and law students, has spoken out against the proposed removal of the religious defences provision, warning it could lead to a chilling effect on speech. Its executive director has also argued that those with minority opinions deserve protection from criminal liability.

Both the National Council of Canadian Muslims and Canadian Muslim Public Affairs Council, two national advocacy groups, have also raised concerns about the changes, warning it could lead to greater censorship and amount to an “attack” on places of worship and religious schools.

Miller said on Tuesday, “I respectfully disagree.”

Justice Minister Sean Fraser’s office has previously said it would be “ inappropriate to speculate” on any proposed changes to its bill, which is set to undergo clause-by-clause review. 

The minister was not immediately available to speak to reporters on Tuesday. The justice committee is set to meet later that afternoon.

With files from Christopher Nardi

National Post

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