The CCLA accurately couches the problem: “Punitive laws that criminalize expression don’t stop hatred; they hand governments a tool that, time and again, gets used against Indigenous peoples, racialized communities, protesters and dissidents.” That is essentially correct as far as it goes, but it does not specifically address the problem of how to defend those groups that are in fact victims of deliberate incitements to hatred and potential violence and intimidation. The Canadian Labour Congress, which is far from a constant source of enlightened public policy proposals, makes the point that “Canada already has criminal offences in place to combat hate like mischief, intimidation, and harassment.” It accuses the bill of threatening “labour rights, fundamental freedoms, the right to protest, and public accountability,” with its proposal for three new crimes: hate crime, for when an offence has been “motivated” by hatred, intentionally instilling fear to impede access to protected places like houses of worship, and the banning of inflammatory symbols like Nazi insignia. Bill C-9 also gives the statutory definition of hatred as an emotion involving “detestation or vilification” that is stronger than disdain or dislike.








