An Act to amend the Criminal Code (promotion of hatred against Indigenous peoples)

This bill adds a new criminal offence to the Criminal Code targeting hate speech about Indian residential schools. Specifically, it becomes a crime to communicate statements, other than in private conversation, that wilfully promote hatred against Indigenous peoples by condoning, denying, downplaying, justifying, or misrepresenting facts about the Indian residential school system in Canada. Someone found guilty could face up to two years in prison if prosecuted as a more serious (indictable) offence, or a lesser penalty if prosecuted summarily. Prosecutions could only proceed with the consent of the Attorney General, and courts would be able to order the forfeiture of materials used to commit the offence.

The bill includes several defences that would protect a person from conviction: proving the statements were true, expressing a good-faith religious opinion, discussing a matter of public interest that they reasonably believed to be true, or pointing out—in good faith and for the purpose of correcting it—something that was fostering hatred toward Indigenous peoples. The bill also adds a legal definition of "Indigenous peoples," tying it to the existing constitutional definition of "aboriginal peoples of Canada."

Finally, the bill contains a technical coordinating provision to ensure its changes mesh properly with another bill, C-9 (the proposed Combatting Hate Act), if both end up becoming law, so the Criminal Code's forfeiture, search-and-seizure exemption, and consent-to-prosecute rules would correctly reference all relevant hate speech offences.

This bill amends the Criminal Code to create a new offence covering statements that condone, deny, downplay or justify the Indian residential school system, and sets out penalties, defences, forfeiture rules and a consent requirement for prosecution.

• New offence — anyone who, through statements made other than in private conversation, wilfully promotes hatred against Indigenous peoples by condoning, denying, downplaying, justifying, or misrepresenting facts about the Indian residential school system commits an offence under new subsection 319(2.01).
• Penalties — the offence can be prosecuted as an indictable offence carrying imprisonment up to two years, or as a summary conviction offence.
• Defences available — no conviction can occur if the accused proves the statements were true; expressed a religious opinion in good faith; related to a matter of public interest reasonably believed true; or was a good-faith attempt to identify and remedy hatred-producing conduct.
• Prosecution control — no proceeding under this offence (or related subsections 319(2), (2.1)) can be started without the consent of the Attorney General, giving that office discretion over whether charges proceed.
• Forfeiture power — on conviction, a provincial court judge may order forfeiture to the Crown of anything used in or connected to the offence, disposed of as directed by the Attorney General.
• Definition fixed in law — "Indigenous peoples" is defined by reference to the existing constitutional definition of "aboriginal peoples of Canada" in the Constitution Act, 1982.
• Coordination with Bill C-9 — if the separate Combatting Hate Act (Bill C-9) also becomes law, the forfeiture, seizure-exemption, and consent provisions are automatically updated to also cover a further offence subsection (2.2) created by that other bill.