JUST Committee Report

Clause 3

That Bill C-9, in Clause 3, be amended by replacing line 10 on page 1 with the following:

“3 Subsection 318(3) of the Act is replaced by the following:

(3) No proceeding shall be instituted under this section without the consent of the Attorney General.”

Clause 4

That Bill C-9, in Clause 4, be amended by replacing, in the English version, lines 1 and 2 on page 2 with the following:

“(b) the Nazi Hakenkreuz or the Nazi double Sig-Rune, also known as”

That Bill C-9, in Clause 4, be amended by replacing line 6 on page 2 with the following:

“a symbol described in paragraph (a) or (b).”

That Bill C-9, in Clause 4, be amended

(a) by adding after line 12 on page 2 the following:

“(1.1) Paragraph 319(3)(b) of the Act is repealed.

(1.2) Paragraph 319(3.1)(b) of the Act is repealed.”

(b) by replacing line 19 on page 2 with the following:

“journalism, education or art, that is not con‐”

That Bill C-9, in Clause 4, be amended by adding after line 2 on page 3 the following:

“(6.1) No proceeding for an offence under subsection (2), (2.1) or (2.2) shall be instituted without the consent of the Attorney General.”

That Bill C-9, in Clause 4, be amended by replacing lines 5 and 6 on page 3 with the following:

“hatred means an emotion of an intense and extreme nature that is clearly associated with vilification and detestation;”

Clause 7

Clause 7 is deleted.

New Clause 11.1

That Bill C-9 be amended by adding after line 12 on page 6 the following:

“CLARIFICATION

Hate propaganda

11.1 (1) For greater certainty, nothing in subsection 319(2) or (2.2) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote hatred against an identifiable group by communicating the statement.

(2) For greater certainty, nothing in subsection 319(2.1) of the Criminal Code shall be construed as prohibiting a person from communicating a statement on a matter of public interest, including an educational, religious, political or scientific statement made in the course of a discussion, publication or debate, if they do not wilfully promote antisemitism by condoning, denying or downplaying the Holocaust.”