In recent weeks, there has been much controversy about Bill C-9, a new hate crimes bill introduced primarily at the request of Jewish communities after an alarming increase of antisemitism in Canada. Of particular concern is a possible change to the bill that would remove an existing protection for religious expression.
Here is what's happening with
Bill C-9, the possible removal of the good faith religious belief defence, and what you can do.
What’s happening?
The House of Commons committee tasked with studying the new hate crimes bill, Bill C-9, is considering removing an important defence from the
Criminal Code’s hate speech provisions.
The committee is
scheduled to meet on Tuesday, December 9, 2025, from 3:30 to 11:30 p.m. to discuss and vote on changes to the bill.
Removal of the good faith religious belief defence is not currently part of Bill C-9. The Bloc Quebecois has been advocating for removal of the defence and
announced on December 1 that it had reached an agreement with the Liberals for an addition to Bill C-9 to remove the religious belief defence from the
Criminal Code.
Media reports indicate the agreement was made without the approval of the Prime Minister’s Office. While one committee meeting last week was cancelled, the meeting scheduled today seems to indicate the committee may debate and vote on this defence this afternoon or evening. There is also a chance that the committee may deal with other changes to the bill and not get to the amendment on the defence.
There has been
disturbing debate in the Justice Committee about the defence and whether biblical texts and other religions’ texts are hateful.
If the committee votes to remove the defence, they are recommending that this change becomes part of Bill C-9 as it goes through Parliament. Most changes made by a committee are adopted into the legislation. The House of Commons is able to reject or remove changes made in committee, although it’s rare. If a bill passes in the House of Commons and moves on to the Senate, the Senate has the ability to propose changes to legislation, as well.
The EFC believes this defence is an important protection for minority religious groups, as we’ve explained
here.
We are very concerned that the defence could be removed.
The EFC has been actively supporting the good faith religious belief defence. We’ve met with members of the Justice Committee to talk about the importance of the defence, and why it should be maintained. Our communications to committee members and our written submission to the committee explained why this defence matters. We have highlighted the risk of the defence being removed to the EFC’s affiliate denominations, organizations, postsecondary institutions and churches. EFC President David Guretzki has
written to the Prime Minister asking for the defence to be maintained.
What is this defence?
Currently in the
Criminal Code, there are four defences to the charge of wilfully promoting hatred. One of these defences is a ‘good faith’ religious belief defence.
The defence reads: ‘if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text.’
This defence is only used when a court has determined that a person has wilfully promoted hatred. The defence has been used very few times and never successfully. It is not overused or misused. The courts have applied it very carefully. See the EFC’s backgrounder on when the defence has been used
here.
Note that this defence does not protect a religious person from any criminal activity. It only applies to section 319(2) of the
Criminal Code on the wilful promotion of hatred and section 319(2.1) on the wilful promotion of antisemitism.
This defence protects ‘good faith’ or honest belief. As we’ve explained, the courts have made it clear that the defence does not allow religious expression to be used as a Trojan horse to carry intended messages of hate. It does not allow a person to use religious texts to shield wilful messages of hate within religious expression.
This defence protects minority religious groups whose beliefs don’t align with the majority or which some groups might find objectionable or offensive. It ensures that the
Criminal Code’s anti-hate provisions do not capture sincerely-held religious views expressed in good faith.
In fact, in
R. v. Keegstra, the majority of the Supreme Court found the defences, including the good faith religious belief defence, to be essential to the constitutionality of section 319 of the
Criminal Code, as they limited the scope of the section.
What is Bill C-9?
Bill C-9 was introduced this fall primarily at the request of Jewish communities as a way to address the alarming increase of antisemitism in Canada. The bill adds four new hate offences and a definition of hatred to the
Criminal Code. The EFC has summarized Bill C-9
here.
The EFC’s primary concerns with the original version of Bill C-9 were that the definition of hatred proposed in the bill is watered down from the definition currently used by the courts and that it would remove the requirement for Attorney General consent for hate crimes charges to be laid.
Our submission to the Justice Committee recommended changes to the bill.
The EFC’s brief also strongly recommended that the Committee reject any proposal to remove the good faith religious belief defence.
What you can do
Read the EFC’s resources on Bill C-9 and the good faith religious belief defence at
TheEFC.ca/C-9. Share them with others you think might be concerned.
Ask your MP to maintain the defence, and to ask their colleagues on the Justice Committee to reject the amendment. See the EFC’s
guide on Bill C-9 for ideas of what to say.
Pray for your MP to make wise decisions and for protections for religious expression to be maintained. Pray that Christians would be faithful witnesses to Christ’s love and redemption. Pray for Jewish Canadians who are facing unprecedented threats and violence in Canada.