Re: Bill C-9 (The Combatting Hate Act) and the repeal of Criminal Code s. 319(3)(b)

Honourable Minister of Justice and Member of Parliament,

As the Canadian MuslimCMP Public Affairs Council (CMPAC) and the Canadian Muslim Health Network (CMHN),we are formally expressing our deep concern regarding Bill C-9 and the government’s advancement of an amendment that removes the longstanding religious-expression protection in s. 319(3)(b) of the Criminal Code. Despite assurances from the Minister of Justice that this change “will in no way” affect religious freedom, these claims are not supported by legal precedent, lived experience, or common-sense risk assessment. The proposed repeal and broader structure of Bill C-9 create real uncertainty and expose faith communities to potential complaints, investigations, and chilling effects on teaching, preaching, and community life. For this reason, and because the Bill poses a serious threat to our Charter-protected religious freedom, we expect all members of parliament to vote against Bill C-9. As this Bill threatens our ability to practice, teach, and transmit our faith freely, not voting against Bill C-9, will significantly impact your relationship with our community.

Furthermore, we reject the factually and legally inaccurate claims made by the Minister of Justice defending the amendment:

  1. Repeal vs. Impact: If the amendment truly had no effect, there would be no reason to remove it. Repealing a safeguard that faith communities rely on is itself a narrowing of legal protections, creating uncertainty where none previously existed.
  2. Risk and Implications: The high threshold for proving “wilful promotion of hatred” has not prevented complaints or investigations from having real-world consequences. Even when unfounded, they can lead to reputational damage, significant costs, and chilling effects on religious expression and community programming. A high threshold does not prevent weaponization of the process.
  3. Prosecutorial Discretion is Not a Shield: Attorney General oversight cannot guarantee protection. Prosecutorial decisions vary across provinces and are inherently political. Bill C-9 restructures aspects of the hate-propaganda regime in ways that may expand, rather than constrain, discretionary power, exposing faith communities to unnecessary risk.
  4. Faith Leaders’ Concerns: Across Canada, Muslim, Christian, Sikh, and other faith leaders have raised consistent concerns about the amendment’s uncertainty and chilling effect. Ignoring these voices is unacceptable; communities, not government officials, determine what threatens their ability to practice faith freely.
  5. Beyond Religion: Bill C-9 is not limited to religious expression. Its expanded definitions of hate speech increase the risk of criminalizing peaceful protest, advocacy, and civic engagement. Faith-based organizations have already faced over-surveillance and politicized scrutiny under federal regimes, and this Bill amplifies that vulnerability.
  6. Mischaracterizing Scripture: Minister Fraser’s claim that “religion teaches love, not hate” is both theologically simplistic and legally irrelevant. Sacred texts require contextual interpretation, and passages could be misrepresented by bad-faith actors. Section 319(3)(b) was designed to protect the teaching of scripture in good faith; removing it invites the very abuse the exemption was meant to prevent.

Taken together, these points demonstrate that Bill C-9, and the proposed repeal of s. 319(3)(b), pose a real and immediate threat to the religious freedom of Muslims and all faith communities in Canada. The repeal would materially erode our Charter-protected ability to teach and practice our religions without fear. The Minister’s assurances are unsupported by legal precedent and expert analysis. Accordingly, we call on all MPs to:

  1. Reject Bill C-9 entirely.
  2. Remove the amendment repealing Criminal Code s. 319(3)(b)
  3. Ensure that no future hate-propaganda legislation proceeds without direct, adequate, and public consultation with Muslim community leaders, national faith organizations, civil-liberties experts, and affected communities.

Let there be no ambiguity: All MPs must reject Bill C-9 and this amendment. Abstention is not acceptable; a neutral vote still enables the erosion of religious freedom and charter rights.

Sincerely,

Khaled Al-Qazzaz, Executive Director

Canadian Muslim Public Affairs Council (CMPAC)

Dr. Haissam Dahan, Founder and Board Member

Canadian Muslim Healthcare Network (CMHN)

CMPAC’s Previous Analyses and Commentary on Bill C-9

To support the concerns outlined in this letter, we also refer you to CMPAC’s previous assessments of Bill C-9. These analyses provide detailed policy, and community-impact evaluations, including the implications of removing the religious-expression safeguard in s. 319(3)(b) and the broader risks the Bill poses for faith communities and civil liberties:

CMPAC Analysis and Position on the Combatting Hate Act (Bill C-9)

CMPAC Commentary on Bill C-9 Committee Deliberations

CMPAC Brief on the Proposed Amendment to Remove the Good Faith Religious Text Defence

CMPAC Secondary Analysis of Bill C-9: Focused Issues for Faith-Based Communities