Canada’s Bill C-9 Draws Criticism Over Free Speech Limits

A protester waves a flag banned in parts of Europe. In Canada, that same image could soon be illegal.

The Combatting Hate Act (Bill C-9) aims to shield communities from hate symbols and intimidation. Yet as Parliament debates its reach, critics warn it could test the limits of Bill C-9 Canada free speech, a right protected under the Charter of Rights and Freedoms.

The question dividing lawmakers and civil-liberties groups is simple: how far can a democracy go to silence hate before it begins to silence dissent?

What Bill C-9 Means for Free Speech in Canada

Introduced in September 2025, Bill C-9 proposes new criminal offences targeting hate symbols and hate-motivated crimes. It also makes it illegal to block or intimidate people entering cultural or religious spaces.

A key change removes the long-standing rule that required the Attorney General’s consent before launching hate-propaganda prosecutions. Supporters say this streamlines justice. Opponents argue it strips away a vital check on power that prevented overreach in expressive cases.

“Silencing hate should never mean silencing dissent.”

How Canada’s Combatting Hate Act Changes Existing Law

Canada already criminalizes the wilful promotion of hatred under section 319 of the Criminal Code, a section that has stood for decades. Bill C-9 expands that framework by criminalizing the public display of hate or terrorism symbols and by creating a new hate-motivated offence.

For example, publicly displaying flags or logos tied to terrorist groups could become a stand-alone crime. The government says this closes loopholes. Legal experts counter that overlapping offences risk double-counting hate motives and confusing prosecutors when applying penalties.

Free Expression and the Charter: Where Courts Draw the Line

Section 2(b) of the Canadian Charter of Rights and Freedoms guarantees freedom of expression. But that freedom has limits when speech promotes hatred against identifiable groups.

The Supreme Court of Canada’s landmark Whatcott (2013) decision confirmed that only speech reaching the level of detestation or vilification can be restricted. Offense or harsh criticism alone remain protected. Bill C-9 will be tested against this same benchmark if passed.

Civil Liberties Concerns Over Bill C-9

The Canadian Civil Liberties Association (CCLA) and other advocacy groups warn that vague wording could criminalize legitimate expression. Their open letter to Parliament argues that without precise definitions, “hate or terrorism symbols” could capture peaceful protest, satire, or educational use.

They also highlight enforcement risks. Without the Attorney General’s oversight, prosecutors may advance more borderline cases. Some experts worry that marginalized communities—already subject to uneven policing—could face increased scrutiny under the new law.

“When the law’s reach is uncertain, caution turns into silence.”

Why Court Precedent Still Matters

Canadian courts have repeatedly protected free speech when the law overreaches. Cases like Keegstra and Whatcott show that hate-speech limits must be narrow and justified under section 1 of the Charter.

The government’s Charter Statement for Bill C-9 argues that the proposed offences meet this standard. It claims the law targets only deliberate promotion of hatred and leaves room for debate, art, religion, and journalism. Civil-rights experts remain cautious, noting that courts, not legislatures, decide what counts as “reasonable limits.”

How Bill C-9 Could Affect Online Speech in Canada

One of the bill’s most complex questions is what counts as a “public display.” A swastika spray-painted on a school is clearly public, but what about a meme on social media or an image in a digital news article?

Online platforms blur the line between private and public space. If a meme or emoji depicting a banned symbol is considered a “display,” Canadians could face charges for content shared in political or educational contexts. The government has not yet clarified how digital enforcement would work.

Quick Guide: What Counts as Hate Propaganda in Canada

• Section 319(1): Public incitement of hatred likely to lead to a breach of peace

• Section 319(2): Wilful promotion of hatred against an identifiable group

• Section 319(2.1): Wilful promotion of antisemitism (added 2023)

• Defences: Truth, religious opinion expressed in good faith, and public interest discussion

What This Means for You

If Bill C-9 passes, Canadians may see new restrictions on how hate-related symbols appear in public and online. Protesters, educators, and journalists will need to understand when context offers protection—and when it might not.

The outcome will shape how far Canada’s justice system can go in limiting hate speech without infringing on the right to free expression. It’s a test of how a democracy enforces respect while preserving liberty.

The Policy Debate Ahead

Parliamentary committees are expected to refine the bill’s definitions before a final vote. Lawmakers will debate whether to include contextual exemptions and whether to restore oversight for expressive offences.

Civil-liberties groups urge stronger safeguards and clearer language. Others argue the Combatting Hate Act simply updates Canada’s laws to reflect modern forms of extremism. The final version of the bill will reveal which vision wins.

“Bill C-9 could redefine what ‘public’ means in the digital age.”

Canada stands at a crossroads between protecting communities and preserving the freedom to speak. Bill C-9 may become one of the most consequential legal tests of expression in recent years.

Whether it achieves balance—or oversteps—will depend on how Parliament and the courts interpret its reach.

Also Read: Combatting Hate Act: Canada’s Bill C-9 Explained

Questions About Bill C-9 and Free Speech in Canada

What is Bill C-9 in Canada?

Bill C-9, known as the Combatting Hate Act, is proposed legislation that would make it illegal to publicly display hate or terrorism symbols, add a hate-motivated offence, and prohibit intimidation at religious or cultural spaces.

Does Bill C-9 limit free speech in Canada?

The government says it does not, but critics argue vague definitions could restrict lawful protest, satire, or artistic expression protected under the Charter of Rights and Freedoms.

When will Bill C-9 become law?

As of late 2025, the bill is in early stages of debate. It must still pass committee review, third reading, and Senate approval before becoming law.