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OTTAWA – The Canadian Constitution Foundation (CCF) is disappointed that the Senate has passed Bill C-9, the “Combatting Hate Act,” expanding Canada’s hate speech laws and removing an important protection for religious expression.

This morning, the CCF’s Interim Litigation Director, Josh Dehaas, published an Explainer detailing how the legislation will affect religious expression, hate speech laws, and other criminal offences.

The bill passed the Senate by a vote of 45 to 13 on June 4. Two abstained and 35 did not show up to vote. The Senate made only one amendment to the legislation, adding the word “noose” to the list of symbols that may attract criminal liability if displayed with the intent to promote hatred.

Because the Senate amended the bill, it must return to the House of Commons for a final vote to approve that amendment. That said, the government has already indicated its support, meaning the bill is expected to receive Royal Assent and become law in the coming weeks.

The CCF has opposed the bill throughout its passage through Parliament, including through letter-writing campaigns that mobilized tens of thousands of Canadians.

Dehaas said the passage of Bill C-9 marks a disappointing day for civil liberties in Canada.

“Tens of thousands of Canadians wrote to their representatives and spoke out against this legislation, yet the Senate chose to ignore them and make no meaningful changes,” said Dehaas. “Bill C-9 weakens protections for religious expression and expands the reach of Canada’s hate speech laws to matters of ordinary debate. Canadians should be deeply concerned that Parliament is willing to erode fundamental freedoms in the name of solving difficult social problems.”

The CCF notes its advocacy helped reduce some of the risks posed by Bill C-9. While the legislation remains deeply flawed, the final version of the bill clarifies that expression must amount to “extreme” vilification or detestation before hate speech charges are warranted, and maintains the requirement that provincial attorneys general approve hate speech prosecutions before charges can be laid.