Hundreds of Muslim organizations tell Liberals they oppose anti-hate bill

OTTAWA — As the governing Liberals push to conclude their study of a controversial anti-hate bill, hundreds of Muslim organizations are voicing their opposition to the pace at which the legislation is moving ahead. 

The National Council of Canadian Muslims released an open letter on Tuesday addressed to Prime Minister Mark Carney outlining their concerns, saying despite “clarifications and amendments” made to Bill C-9 that have helped address concerns over civil liberties, that it still has “fundamental flaws as a piece of legislation.”

“We have worked with optimism that the text of the bill could be amended to assuage our concerns, alongside many other faith groups in the Christian, Jewish and Sikh communities,” reads the letter, signed by more than 350 groups.

“However, while we have heard a number of commitments to that end, in our view, the final text of the amendments does not match what has been committed to.”

Controversy has been brewing for months over the Liberals anti-hate bill, known as the “Combatting Hate Act,” which was the first major piece of justice reform Justice Minister Sean Fraser introduced last September.

The legislation, which seeks to fulfill a campaign commitment Carney made to better protect places of worship from obstruction and intimidation, proposes doing so by introducing new offences targeted at activities that could impede someone’s access to such centres and other buildings where an identifiable group gathers.

The bill also includes a proposal to include as a part of existing Criminal Code provisions targeting the promotion of hate the display of certain terror symbols in public, such as the swastika and those linked to government-designated terrorist entities.

Prominent Jewish advocacy groups have championed the new measures as needed to combat the rise in police reported antisemitism.

From the outset of its introduction, civil liberties groups and Muslim advocacy groups have raised concerns about the potential stifling of legitimate protests and the ability of law enforcement to differentiate between terror symbols and Arabic or other cultural phrases, which terrorist organizations may co-opt.

Criticism of the bill only grew when the Liberals decided to partner with the Bloc Quebecois to secure its passage through the minority Parliament by agreeing to remove existing religious defences for certain hate speech laws.

Fraser has defended that move as necessary to ensure the legislation passes, while accusing the Opposition Conservatives of obstructing its passage. He has also argued that religious freedoms were already guaranteed protection under the Charter of Rights and Freedoms.

Many religious groups have expressed concern over the removal of religious defences on the basis of concerns that it could create a chilling effect on the teaching and preaching of religious texts.

In light of those concerns, the Liberals proposed the addition of clarifying language to underscore how the changes made in the bill would not prohibit a person from communicating “an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not willfully promote hatred.”

The Conservatives on the parliamentary justice committee, which is set to meet on Wednesday, have criticized that change as insufficient for protecting freedom of religion.

Speaking in the House of Commons on Tuesday on a government motion to end debate over the bill, Fraser said the concerns people have around the legislation could be addressed by sharing “real information” and making changes where necessary.

“We heard concerns that people wanted more certainty,” the minister said.

“That’s why we were prepared to make further amendments to this bill to make absolutely clear that reading holy texts, participating in your community of faith, engaging in services that are part of life as your community of faith, as a religious leader or member of a congregation, would all be permitted.”

Conservative MP Garnett Genuis, who has been among the most outspoken critics in his party over the bill, told the House that “not a single faith community or organization has changed its opposition” to the removal of religious defences in the Criminal Code over the past few months of debate.

“We look forward to the justice committee continuing its review of  the Combatting Hate Act tomorrow,” wrote Lola Dandybaeva, a spokeswoman for the justice minister.

“It would be inappropriate to comment further while the committee is continuing its work.  We will reserve additional comment until that process continues.”

Khaled Al-Qazzaz, executive director of the Canadian Muslim Public Affairs Council, said in a press conference on Tuesday, where he was joined by imams and other Muslim community advocates, that during a recent meeting with Carney over his government’s decision to close its office dedicated to combatting Islamophobia, the prime minister heard directly from the community about Bill C-9. 

That meeting took place in early February.

“He responded to this concern, specifically saying that there will be some language change and introduction that should make it better,” Al-Qazzaz said. 

He nonetheless said he and other Muslim groups felt “ambushed” by the government’s move this week to limit further debate on the bill, calling the clarifying language the Liberals offered up around the removal of religious defences “not adequate and basically continues to exasperate the concerns that we have related to our religious freedom.”

National Post

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