Combatting Hate Act

The Combatting Hate Act makes several changes to the Criminal Code dealing with hate-related conduct. First, it creates a new offence for wilfully promoting hatred against an identifiable group by publicly displaying certain symbols, specifically ones associated with listed terrorist entities, the Nazi swastika, the SS "double lightning bolt" symbol, a noose, or anything closely resembling these. This offence carries penalties of up to two years in prison, though defences remain available if the display served a legitimate purpose (such as journalism, education, or art) or was meant in good faith to point out hateful material so it could be addressed.

Second, the bill removes an existing legal defence that allowed people to avoid conviction for promoting hatred or antisemitism (including Holocaust denial) by claiming they were simply expressing opinions on religious subjects or texts. At the same time, it adds clarifying provisions stating that genuine discussion of matters of public interest — including religious, educational, political, or scientific debate — is not prohibited, as long as the person isn't wilfully promoting hatred or antisemitism.

Third, the bill creates a new "hate crime" category: if someone commits any offence under the Criminal Code or another federal law and that offence was motivated by hatred based on race, ethnicity, language, colour, religion, sex, age, disability, sexual orientation, or gender identity or expression, they face increased maximum penalties, scaled according to how serious the underlying offence already was (ranging up to life imprisonment for the most serious offences).

Finally, the bill adds two new offences aimed at protecting access to religious and cultural sites. One makes it illegal to intimidate someone in order to block their access to a place primarily used for religious worship, or used by an identifiable group for community, cultural, educational, or seniors' residence purposes, or to a cemetery. The other makes it illegal to intentionally obstruct or interfere with someone's lawful access to those same places. Both carry penalties of up to 10 years in prison, though simply attending nearby to gather or share information is not itself an offence. These new offences also affect bail rules, wiretap authorization lists, and sentencing procedures elsewhere in the Code. The changes take effect 30 days after the bill becomes law.

This bill amends the Criminal Code to create new offences for displaying hate symbols, committing hate-motivated crimes, and intimidating or obstructing access to religious/cultural buildings, while repealing an existing defence tied to religious opinion.

• New offences created — displaying a symbol tied to a listed terrorist entity, the Nazi Hakenkreuz, the SS double Sig-Rune, a noose, or symbols closely resembling these in a public place (up to two years imprisonment or summary conviction); intimidating someone to block access to a building used for religious worship, an identifiable group's activities, education, seniors' residence, or a cemetery, or intentionally obstructing such access (up to 10 years).
• Hate crime sentencing enhancement — any Criminal Code or federal offence committed with hatred motivated by race, ethnicity, language, colour, religion, sex, age, disability, sexual orientation, or gender identity/expression becomes a separate charge with escalating maximum penalties tied to the underlying offence, up to life imprisonment if the underlying offence's maximum is 14 years or more.
• Defence repealed — removes the existing legal defence based on expressing opinions on religious subjects or texts for the offences of wilful promotion of hatred and antisemitism (Holocaust denial/downplaying).
• Prosecutorial gatekeeping — proceedings for the hate symbol, hatred-promotion, and antisemitism offences require the consent of the Attorney General before charges can proceed; this consent is discretionary and no criteria are specified in the text.
• Ancillary criminal procedure powers — the new intimidation offence is added to lists governing wiretap authorization, bail (reverse-onus provisions), DNA collection ("secondary designated offence"), and courts must endorse convictions with the specific underlying offence proved.
• Defined terms and defences left partly open — "hatred" is defined in the Act itself, and defences/clarifications are included for public-interest, educational, religious, political, or scientific statements and for legitimate-purpose display of symbols (journalism, education, art, or good-faith exposure to prompt removal), with courts left to interpret and apply these categories case by case; no sunset clause or mandated review is included, and the Act takes effect 30 days after royal assent.