Roger-Luc Chayer (Image : AI / Gay Globe)
Canada has today adopted a new law aimed at better protecting minorities against abuse. This is Bill C-9, which now awaits royal assent before coming into force 30 days later.
The government aims to strengthen legal tools to combat acts of hate and intimidation. In concrete terms, the law seeks to better protect individuals and communities targeted on the basis of religion, origin, sexual orientation, gender identity, or cultural affiliation.
It introduces three major changes. First, it expands the legal definition of what can be considered hate, allowing courts to better qualify certain acts. Second, it creates new offences related to intimidation or the blocking of access to places of worship, schools, or community centres, in order to prevent groups from being prevented from entering or carrying out their activities. Finally, it strengthens rules on hate propaganda and the public display of symbols associated with hate or terrorist organizations, making prosecutions easier.
For example, if a group were to organize a demonstration in front of an LGBTQ+ community centre with the intent of blocking access or disrupting activities, law enforcement could intervene more quickly, and those responsible could face specific charges related to intimidation or obstruction of a protected space. The idea is to treat such situations not merely as public order disturbances, but as acts motivated by hate.
In another case, repeated threats against a transgender or gay or lesbian person, whether online or in person, could more easily be recognized as aggravating circumstances when linked to the victim’s identity. This may influence charges and sentencing severity, especially when threats explicitly target a protected community.
Acts of vandalism targeting LGBTQ+ symbols—such as the destruction of community centre property or damage during a Pride event—could also be more clearly classified as hate-motivated, changing the nature of legal proceedings.
In cases of targeted harassment or intimidating surveillance around LGBTQ+ spaces such as clinics or support centres, the law could allow earlier intervention before situations escalate.
In the debate surrounding Bill C-9 and hate crimes, the question of religious exemption often arises, particularly in relation to freedom of expression and freedom of religion.
Generally, Canadian law already draws a clear distinction: the law does not target religious beliefs themselves, but rather acts or speech that incite violence, hatred, or discrimination against a protected group, including LGBTQ+ individuals.
In other words, individuals or groups may still express religious beliefs or moral positions, even critical ones, as long as they remain within legal limits. For example, teaching or preaching religious doctrine is not in itself criminal.
What changes is when speech goes beyond opinion and becomes incitement to hate, calls for violence, or directly targets a group in a way that exposes them to real harm. In such cases, there is no automatic religious exemption: freedom of religion does not justify criminal conduct.
In practice, Canadian courts must often balance two rights protected under the Canadian Charter of Rights and Freedoms: freedom of religion and protection against hate speech. This balance is assessed case by case, depending on context, intent, and real-world impact.
There is no “religious immunity” preventing the law from applying. Instead, there is a protected space for religious expression—but it ends where hate or threats against vulnerable groups begin.
And it was about time. With this new legislation, Canada positions itself as a global leader in the protection of its minorities, in all their diversity.
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