PR: NCCM RECOGNIZES NEW BILL C-9 AMENDMENT AS A STEP IN THE RIGHT DIRECTION
2-25-2026
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NCCM RECOGNIZES NEW BILL C-9 AMENDMENT AS A STEP IN THE RIGHT DIRECTION
February 23rd, 2026
(Ottawa, Canada) The National Council of Canadian Muslims (NCCM) makes the following statement in relation to amendments being brought forward to how Bill C-9 should be interpreted in relation to subsection 319(2) of the Criminal Code:
Over the past several months, NCCM, alongside faith communities, legal experts, and civil society organizations raised sincere concerns about the removal of the former religious good-faith exemption in the hate propaganda provisions of the Criminal Code.
“Those concerns were about ensuring that the law is clear, precise, and does not inadvertently chill legitimate religious expression,” said NCCM CEO Stephen Brown. “We appreciate that the government has been listening. We appreciate further that this issue was raised by multiple political parties, including the Conservatives and the NDP.”
To quote the Parliamentary Secretary for Justice in today:
That is why we are adding a clause for greater certainty. Its purpose is to make explicit in the legislation what the courts have long recognized: that genuine religious, academic, political, or other good faith discussion on matters of public interest is not what this offence targets, unless someone is wilfully promoting hatred against an identifiable group.
For greater clarity, the bill will state in plain terms that nothing in this legislation affects worship, sermons, prayer, religious education, peaceful debate, or the good faith reading and discussion of religious texts. The law continues to focus on deliberate and serious hate, while protecting the freedoms Canadians expect in a free and democratic society.
The proposed “for greater certainty” clause attempts to make explicit what courts have long recognized: that genuine religious, academic, political, or scientific discussion on matters of public interest - including sermons, prayer, religious education, and the good-faith reading and discussion of religious texts - cannot mean in and of itself to constitute wilful promotion of hatred. However, NCCM will be engaging in further study and analysis to understand the full implications of this “greater certainty” clause.
At the same time, NCCM maintains that the most straightforward way to provide lasting clarity and confidence would be to restore the full religious good-faith defence as it previously existed in the Criminal Code. While the new language is an important step forward, a clear statutory defence offers stronger reassurance to faith communities that legitimate religious expression will not be subjected to misinterpretation or politicization, and ensures that judges have improved clarity as to how this entire set of amendments is meant to be understood.
We also note that concerns remain with other aspects of Bill C-9. They raise significant questions about scope, definitions, and potential unintended consequences for Charter-protected freedoms. These clauses require further refinement and study to ensure they are carefully targeted, constitutionally sound, and do not capture protected expression or create enforcement challenges that disproportionately affect marginalized communities.
Canada can and must confront the very real threat of hate - including Islamophobia, antisemitism, anti-Black racism, and other forms of bigotry - while upholding the Charter rights that define us as a free and democratic society. With hate crimes rising across Canada, we agree with the government’s intention to bring tougher sentences for perpetrators of hate crimes targeting our communities.
NCCM will continue to engage constructively with Parliament to ensure that Bill C-9 achieves its intended purpose: protecting communities from deliberate and serious hate, while safeguarding the fundamental freedoms of religion and expression that Canadians expect and deserve.
We are available for comment.
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