Talks on expanding a provision on residential denialism to the the government’s anti-hate act appear to be solely dependent on the Senate now. 

Justice Minister Sean Fraser said he expected the issue to be addressed in a private members’ bill, but since it will no longer move forward, it will be up to the Upper Chamber to decide. 

That private members bill, C-254, was put forward by NDP MP Leah Gazan and would criminalize residential school denialism.

Specifically, it would create a new provision in the Criminal Code making it illegal for anyone who in public, “wilfully promotes hatred against Indigenous peoples by condoning, denying, downplaying or justifying the Indian residential school system in Canada or by misrepresenting facts relating to it.”

The maximum penalty, if treated as an indictable offence, would be a prison term of less than two years.

There are exemptions for people stating truthful statements, if their comments are in good faith or if they are expressing an opinion on a matter of public interest or religious subjects.

“I’ve been trying to approach the government to take the bill on, this is the least they can do if they’re serious about reconciliation,” Gazan said in an interview with iPolitics on Wednesday. 

Gazan said she first introduced this bill after C-9 became “very controversial,” arguing the added provisions on residential school denialism would not fit within its scope. 

The proposal would add on to the criminal code under the same section as Holocaust denialism. 

“I’m not sure why it’s so complicated for the government to recognize that incitement of a hate against Indigenous people should ever be tolerated,” she added. 

Gazan’s bill isn’t advancing in the House because she’s shifting her focus to a separate one to eliminate s. 107 of the Canada Labour Code. That section gives the government broad powers to maintain industrial peace and has been used by the Liberals to end labour disputes, drawing criticism from unions.

On Tuesday, Fraser said since the government had expected residential school denialism through Gazan’s bill, it wasn’t brought up in discussions on C-9, which is now with the Senate after passing in the House. 

But he added he’s open to seeing what recommendations — if any — come out of the Senate’s study of the bill.  

“I don’t want to pre-judge the outcome until I have the opportunity to see the final version of the Senate’s disposition,” Fraser said. 

A Senate source told iPolitics that there appears to be some appetite among senators to amend C-9 to include such a provision. But it’s unclear if it will come to pass or win broad support.

Gazan said she’ll keep urging support for her bill. 

“If this government can’t respect the very voices that brought to light the final report of the Truth and Reconciliation Commission, if they can’t respect the very survivors that they’re going to be… this government is not ready to reconcile if it won’t even protect survivors,” Gazan said. 

READ MORE: Liberals propose clarification amendment to hate-crime bill but Conservatives say it doesn’t offer any substantive changes

The government’s anti-hate bill was amended by the Liberals at committee to include a provision stating that nothing in the bill should be construed as criminalizing someone for making a statement on a matter of public interest if it’s “not willfully promoting hatred against an identifiable group” or promoting anti-semitism by condoning, denying or downplaying the Holocaust.

with files from Marco Vigliotti