The decision by the Canadian Senate to reject an amendment to a hate crime bill that would have included a residential school denialism offense has sparked notable debate. This amendment, intended to impose a maximum two-year imprisonment for denialism, was dismissed in a vote of 32-41. The proposed change emerged from the Senate’s Standing Committee on Human Rights, which returned its report with several amendments, including this one, to the broader Senate for consideration. More details about this development can be found here.
Government representative Pierre Moreau objected to the amendment due to its lack of thorough legal evaluation and the absence of substantial consultation with the First Nations and Inuit Peoples. He emphasized the importance of a comprehensive and respectful approach in tackling residential school denialism, rather than hastily inserting it into legislation without proper groundwork.
Conversely, some, like committee member Nancy Karetak-Lindell, supported the amendment, asserting that residential school denialism fosters hatred and needs legal scrutiny. She argued that truth serves as a full defense and emphasized that survivors recounting their experiences should not be criminalized.
Another contentious aspect was the inclusion of a statutory defense for actions conducted solely for obtaining or communicating information at religious or cultural sites. Moreau criticized this clause as redundant, asserting that the act, Bill C-9, already sets a high prosecutorial threshold by specifically targeting individuals who intend to incite fear. For additional perspectives, the full text of the proposed legislation and related concerns are discussed here.
The broader framework of Bill C-9, known as the Combatting Hate Act, seeks to amend the Criminal Code to bolster protections for religious and cultural institutions. It includes provisions against displaying symbols associated with terrorism and Nazism. Critics have raised free speech issues, particularly regarding potential impacts on religious texts. Despite this, the federal Minister of Justice, Sean Fraser, has assured that religious practices per se cannot constitute hate crimes, a stance upheld amid ongoing scrutiny.
In the backdrop of this legislative debate, an international tribunal recently highlighted Canada’s failure to fulfill its obligations towards residential school survivors, calling for effective investigations and remedies. Echoing this sentiment, the BC Assembly of First Nations has advocated for criminalizing residential school denialism by 2025. Amnesty International, too, has warned about rising online hate speech in Canada, underscoring the urgency for legislative responses to growing xenophobia and other forms of discrimination.
The Senate’s rejection of the residential school denialism amendment means Bill C-9 proceeds to the third reading without this particular provision. As the discourse on historical accountability and hate speech continues, stakeholders await further developments with keen interest.