Two Bloc Québécois MPs have introduced almost identical private member’s bills to remove the religious belief defence from two sections of the Criminal Code. Good-faith religious belief is one of several defences to the offences of the wilful promotion of hatred and wilful promotion of antisemitism, found in Criminal Code sections 319(2) and 319(2.1).
Bill C-367 was introduced by Bloc leader Yves-François Blanchet on November 28, 2023. The text of the bill and the status of its progress through Parliament is online here.
Bill C-373 was introduced by Bloc MP Alexis Brunelle-Duceppe on February 5, 2024. Its text and status is online here. The only difference between the bills is that Bill C-373 has a date the change will take effect.
In the Criminal Code, if someone is found to have willfully promoted hatred or antisemitism, there are several defences. One of these defences is “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 would only come into play after someone is found to have willfully promoted hatred. This defence has rarely been used in court, and never successfully.
As Private Member’s bills rather than government bills, Bills C-367 and C-373 will be on a slow track to be debated and voted on. Neither bill is currently on the Order Paper, the list of Private Member’s bills and motions being debated in the House of Commons.