EDITORIAL: Bill C-9: What Canadians Need to Know About Speech and Religious Freedom

Read the Full Guide. Bill C‑9: What Every Canadian Needs to Know

 

Bill C-9: What Canadians Need to Know About Speech and Religious Freedom

Canada’s Charter of Rights and Freedoms guarantees freedom of expression and freedom of religion. These rights are not abstract—they shape what Canadians can say, write, or believe every day. Bill C-9 is legislation coming into force regulating online communications, threatens to restrict these freedoms in ways Canadians need to understand clearly.

What Bill C-9 Does

Bill C-9 removes the “good faith religious speech” defence from the Criminal Code. While amendments restore the clause requiring the Attorney General’s consent for hate speech prosecutions, it still leaves enforcement largely discretionary. The bill in its current iteration gives regulators broad authority to remove or penalize online content deemed “harmful” or “intolerant.” The law does not clearly define these terms. Ordinary discussions, religious teachings, or public opinions could be flagged as illegal.

These changes could permit misuse of hate propaganda offences by private complainants. Individuals sharing lawful content could face lengthy legal battles and high legal fees defending themselves—even when their speech is entirely lawful.

Freedom of Speech at Risk

Section 2(b) of the Charter protects Canadians’ right to speak, write, and debate ideas—even unpopular or controversial ones. Bill C-9 increases the risk that lawful speech could be silenced.

Consider these examples:

  • A small blog criticizing government policy on climate change, taxes, or education could be flagged if someone finds the content “harmful.”

  • Journalists reporting on controversial issues may hesitate to publish critical opinions.

  • University professors presenting multiple viewpoints in a classroom could face complaints under vague standards.

When laws are broad and penalties are high, people self-censor to avoid legal trouble. This chilling effect is real and impacts Canadians’ everyday discussions, online and in public spaces.

Religious Expression in Danger

Section 2(a) of the Charter protects freedom of religion and conscience. Canadians are free to practice their faith and express moral or ethical views publicly. Bill C-9 could restrict these expressions if they are interpreted as “harmful” or “intolerant,” even with Attorney General oversight restored.

Real-world examples include:

  • Churches posting traditional teachings on marriage or family could face penalties.

  • Religious educators might avoid certain scriptural topics.

  • Faith communities may feel pressured to silence parts of their message to comply with unclear rules.

Restrictions on religious expression affect more than faith communities—they erode every Canadian’s right to discuss ideas openly and freely.

Why Clarity Matters

Laws that are vague create uncertainty. Citizens and organizations cannot confidently know what is allowed. Bill C-9 leaves enforcement largely up to interpretation, which is risky. Legal challenges will follow, but until decisions are made, ordinary Canadians may avoid legitimate speech.

Political Blinders

During House debates, the government claimed Bill C-9 is not intended to hinder free speech or religious freedom. But intentions are not written into law. In practice, legislation’s impact is determined case by case as courts interpret it. Recent trends show ideological disputes increasingly moving into the courts, where groups challenge the speech of their opponents. Laws must be clear in language and scope—not designed merely to score political points.

Existing Laws

Canada already has statutes that allow governments and law enforcement to address hate speech and harmful communications. The challenge lies less in the absence of law than in reluctance to enforce what exists. Hesitation by officials, sometimes to avoid backlash, has helped create the conditions for Bill C-9. Governments may use new legislation as a signal of action rather than fully applying existing powers.

Bottom Line

Bill C-9 is more than a proposed law—it is a test of how seriously Canada protects the freedoms guaranteed in our Charter. Freedom of speech and freedom of religion are not optional; they are essential for a democratic society.

If this law passes without substantial revisions, ordinary Canadians could face real restrictions on what they can say, write, or believe. The question is simple: do we want laws that limit our ability to speak, debate, and practice our faith?