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Ottawa Chapter

The Ottawa Chapter of the Foundation Against Intolerance and Racism (FAIR) launched in April of 2022. FAIR is a nonpartisan organization dedicated to advancing civil rights and liberties for all, and promoting a common culture based on fairness, understanding and humanity.

If you are located in the area, sign up to become a member. We have community online forums; we do outreach, advocacy, and educational campaigns; and we hold in-person meetups.

FAIR Ottawa Opposes Bill C-9: A Call to Uphold Charter Freedoms

The Ottawa chapter of FAIR firmly opposes the
proposed Bill C-9, “An Act to amend the Criminal Code (hate propaganda, hate crime and access
to religious or cultural places).” While we support efforts to combat genuine hate and protect
vulnerable communities, we believe Bill C-9 poses a serious threat to the foundational freedoms
guaranteed under the Canadian Charter of Rights and Freedoms. Our position is grounded in
three core objections:

1. Overbroad and Vague Language Risks Criminalizing Peaceful Dissent
Bill C-9 introduces sweeping provisions that risk criminalizing the peaceful expression of
dissenting views. By expanding the definition of hate propaganda and criminalizing the display
of certain symbols—without clear, objective criteria—the bill creates a chilling effect on
legitimate protest and public discourse. Legal scholars and civil liberties organizations have
warned that such vague language invites arbitrary enforcement and undermines the principle of
legal certainty. This directly conflicts with Section 2(b) of the Charter, which protects freedom of
expression—even when that expression is unpopular or controversial.

2. Threat to Freedom of Assembly and Association

The bill’s provisions could be used to target gatherings deemed “offensive” or “hateful” based on
subjective interpretations, even when those gatherings are peaceful and lawful. This undermines
Section 2(c) of the Charter, which guarantees the right to peaceful assembly. FAIR Ottawa is
particularly concerned that advocacy groups, faith-based organizations, and civil society actors
may be deterred from organizing events or expressing views that challenge prevailing narratives.
As noted by the International Civil Liberties Monitoring Group, the bill risks criminalizing
dissent rather than protecting against genuine threats.

3. Disregard for Established Jurisprudence on Charter Balancing
Canadian courts have consistently held that restrictions on expression must be narrowly tailored
and demonstrably justified under Section 1 of the Charter. Bill C-9 fails this test. It does not
provide sufficient evidence that its broad prohibitions are necessary or proportionate to the harms
it seeks to prevent. The Supreme Court of Canada has emphasized that even offensive or
disturbing speech is protected unless it incites violence or hatred in a demonstrable way (R v.
Keegstra, R v. Zundel). Bill C-9’s blanket approach disregards this jurisprudence and risks
undermining the delicate balance between protecting vulnerable communities and preserving
democratic freedoms.

Conclusion
FAIR Ottawa stands for a pluralistic society where diverse viewpoints can be expressed without
fear of state censorship or criminal sanction. Bill C-9, as currently drafted, threatens this vision.
We urge Parliament to reconsider the bill and engage in meaningful consultation with civil
society, legal experts, and affected communities. Protecting Canadians from hate must not come
at the cost of the very freedoms that define our democracy.

(November 1, 2025)

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