Federal bill creates concern among religious groups

Bill C-9, the government’s anti-hate legislation, also known as the Combatting Hate Act, has prompted criticism from some religious groups due to its removal of what is called the “good faith religious belief defence.”

That defence, which currently exists in the Criminal Code, states that something is not hate “if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text.”

It has never been put to the test in a court of law.

The defence was removed from Bill C-9 by the government at the request of the Bloc Quebecois, who offered to support it in what was then a minority Parliament — but only if the defence was taken out of the legislation.

The NDP and Conservatives both voted against the Bill, which passed third reading on March 25. It is now in second reading in the Senate.

Two of the groups who are critical of the removal of the “good faith” defence are the Canadian Conference of Catholic Bishops (CCCB) and the Evangelical Fellowship of Canada (EFC). They say removing it will put a chill on religious expression — that preachers will worry about saying things based on scripture verses that might be seen as promoting hatred towards others.

The government disagrees, saying the Bill “protects a person’s sincerely held practices or beliefs that have a connection with religion.” It would only apply, they say, if there is violence or threats of violence, or if the “hatred” involves “detestation or vilification” of a group defined by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

One Liberal MP, Chris Bittle of St. Catharines, Ont., explained it further by stating that no members of the clergy will be “arrested for merely reading from scripture.”

This bill, he stated, “does not criminalize religious teachings or scripture. Canada protects both freedom of expression and freedom of religion — and this bill respects both.”

He went on to remind people why the Bill was created in the first place: “Across Canada, we’ve seen a troubling rise in antisemitism, Islamophobia and other forms of hate. Too many people have shared that they feel unsafe going to their place of worship, sending their children to school, or simply participating in community life. That’s not the kind of country we want to be.”

This hasn’t satisfied critics, who are calling on their members to write to MPs and senators to protest the removal of the “good faith” defence. The Conservative Party has also launched a petition against what it calls the “Liberal Censorship Bill.”

Out of curiosity, I reached out to the CCCB and EFC for clarification. What, I wondered, are the kinds of things they are worried about preaching or teaching that they fear could land their clergy in trouble? What beliefs do they want the freedom to preach and teach in “good faith”?

In my query to the CCCB, I noted their letter to the prime minister about the loss of the “good faith” defence risked creating uncertainty for Catholics “who fear that the expression of traditional moral or doctrinal teachings could be misinterpreted as hate speech.”

I asked them what they meant by “traditional moral or doctrinal teachings.” A spokesperson replied they aren’t referencing “any specific teaching.” It refers, she said, “to the expression of sincerely held, longstanding religious beliefs of the Catholic Church, including those that may differ from prevailing views in broader society.”

I followed up by asking what those differing views might be, but I received no response.

I sent a similar request to the EFC. Julia Beazley, who directs public policy for that organization, said it’s a matter of being “concerned about the trends we see in public discourse” related to minority religious beliefs on marriage, sexuality and gender which “are increasingly marginalized and sometimes described as hateful in and of themselves,” as she put it.

By way of example, she cited what happened in 2024 when the B.C. legislature voted to condemn the views of the Association for Reformed Political Action (ARPA) Canada, a Christian advocacy organization, because it published materials opposing same-sex marriage and gender transition treatments for minors.

“In the legislature, many of the provincial representatives called these views ‘hateful,’” Beazley said, adding that while that isn’t the same as criminal charges, “in the context of current public discourse where minority religious beliefs may be described as hateful, removal of the defence will be understood as further marginalization, at minimum.”

While the EFC has noted the courts have “set a high bar for what is considered hatred,” there is “real concern that, if these trends continue, we might see charges laid in cases of legitimate, good faith expression of religious beliefs,” she added.

faith@freepress.mb.ca

The Free Press is committed to covering faith in Manitoba through our Religion in the News project. This reporting continues because readers like you step forward to fund it.

Donate now to support our reporting on religion.
Your donation is eligible for a charitable tax receipt. BECOME A FAITH JOURNALISM SUPPORTER