Based on commentary from Canadian Senators of varying ideological stripes, a robust upper chamber study of the contentious Combatting Hate Act is apparently forthcoming courtesy of the Standing Senate Committee on Human Rights.

Bill C-9 advanced to the next stage of the legislative process on April 30, following five sessions of second reading debate that commenced on April 14.

This review body is composed of four members from the Independent Senators Group (ISG), two from the Progressive Senate Group (PSG), one Conservative, one representative from the Canadian Senators Group (CSG) and one unaffiliated Senator. Ontario Senator Paulette Senior of the ISG, appointed in December 2023 by former Prime Minister Justin Trudeau, chairs the committee.

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The core provisions of Bill C-9 are criminalizing intimidation and obstruction outside of establishments used by faith-based groups and banning the intentional flaunting of certain terrorism or hate symbols in public.

However, it is reasonable to state that much of the public intrigue and concern regarding the Senate’s handling of this legislation centres on the controversial amendment, backed by the Liberals and Bloc Québécois in the House of Commons, repealing the sincere religious speech defence from Canada’s hate speech laws.

Conservative Senator David M. Wells, who received the last word before the second reading vote was cast, urged his peers to embrace an exhaustive review of this modification that excised Section 319(3)(b) of the Criminal Code, a defence that existed for 56 years.

“Colleagues, when an amendment removes from the Criminal Code a protection already provided by law, and when that change was not part of the bill as originally introduced, the very least that should be required is a thorough review of that decision, supported by genuine consultations, including targeted consultations with religious groups concerned, many of whom have already voiced their concerns. We have all heard them through the phone calls we receive and the messages in our inboxes,” said Wells.

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Indeed, faith communities, civil liberty groups, labour organizations and legal experts have come together in a coalition of significant potency. Cardinal Frank Leo of Toronto, the Canadian Conference of Catholic Bishops and the Catholic Civil Rights League have all issued multiple statements in recent months encouraging the government to reconsider this course of action.

Campaign Life Coalition, the political arm of the pro-life movement, is remaining particularly active in its advocacy efforts against the Combatting Hate Act in its present form. The group mobilized volunteers to organize a nationwide protest outside the offices of Liberal MPs on May 1 from 12 p.m. to 1 p.m. local time in various municipalities.

Campaign Life president Jeff Gunnarson presented the rationale of protesting the MPs when the bill is presently in the Senate’s domain.

“Here’s the strategic truth: 81 of the 98 sitting senators were hand-picked by Justin Trudeau. They owe their jobs — and their $192,700 salaries — to the Liberal Party,” said Gunnarson. “Even though they now call themselves 'Independent,’ they remain ideologically aligned with the Liberals. That means Prime Minister Mark Carney still holds real influence over them.

“By showing up in force at Liberal MPs’ local offices, we send a crystal-clear message: If you let this bill pass, people of faith will hold the entire Liberal Party accountable at the ballot box.” 

If the Senate human rights committee further reforms Bill C-9, and these reforms gain majority voting support at third reading, Liberal MPs and parliamentarians from across the aisle will be tasked with approving or disapproving the Senate version of the Combatting Hate Act.  

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The landscape in the lower chamber is markedly different when the House of Commons passed Bill C-9 at third reading on March 25. At that time, the Liberals were still a minority party that needed to adopt the Bloc’s amendment to advance the legislation. Now the Liberals hold a majority following five MPs crossing the floor and are not beholden to making concessions to the political opposition.

The Standing Senate Committee on Human Rights routinely convenes on Monday. Since the May 4 meeting is already devoted to studying the impact of artificial intelligence on Canadian human rights and economic security, May 11 is the earliest occasion for the first Bill C-9 legislative study session. Potential expert witnesses will be announced closer to the meeting.