Wednesday, 3 December 2025

Government tables legislation targeting hate symbols, protecting places of worship

 
 
 
 

Government tables legislation targeting hate symbols, protecting places of worship

Bill to add 4 new Criminal Code offences

Justice Minister Sean Fraser tabled a bill Friday adding four new offences to the Criminal Code. (Justin Tang/The Canadian Press)

Justice Minister Sean Fraser tabled new legislation Friday introducing four Criminal Code offences, including one that would make it a crime to intentionally promote hatred against identifiable groups in public using certain hate- or terrorism-related symbols.

If passed, the Combatting Hate Act would target symbols used during the Holocaust, such as the swastika and SS lightning bolts, or associated with the government's list of terrorist entities, which includes the Proud Boys, Hamas and Iran's Islamic Revolutionary Guard Corps.

It would, for instance, make it a crime to promote hatred against Jewish people using Hamas flags or swastika signs outside a synagogue.

It would also make hate-motivated crime a specific offence and crack down on willfully intimidating and obstructing people outside places of worship and other sensitive institutions.

Multiple Canadian municipalities are currently grappling with the issue through the use of "bubble" bylaws that allow for buffer zones around certain locations, and Fraser stressed that the authority for regulating spaces "in general terms" falls with local councils — not the federal government.

The legislation also adds two further measures that would make it easier to prosecute individuals found to have wilfully promoted hatred: adding a definition of "hatred" to the Criminal Code; and removing a requirement for the consent of the provincial attorney general to prosecute a hate crime.

"This behaviour is not just morally culpable, the impact has reverberations through the entirety of the community. And, I would argue, tears at the seams of the social fabric of the nation," Fraser said in a Friday afternoon news conference.

The government had promised to address a recent rise in hate incidents in Canada, including acts of antisemitism and Islamophobia.

The total number of police-reported hate crimes across the country increased to 4,882 incidents last year, up from 2,646 in 2020, according to Statistics Canada.

The Conservatives, who have hammered the Liberals on crime early in the fall parliamentary sitting, have criticized the government for taking too long to act on the issue.

Likewise, Jewish and Muslim groups say a federal response to acts of violence, vandalism and hate is long overdue.

Concerns over the right to protest

Now that the government's response has been tabled, some organizations are raising concerns over whether the bill could be used to infringe on the right to peaceful protest.

The Canadian Civil Liberties Association (CCLA) takes issue with the use of the Criminal Code, referring to it as a "blunt instrument" that may not be best suited to addressing the goal of protecting identifiable groups.

Fraser said the bill includes specific language exempting peaceful protest from persecution and would only apply to conduct where the "motivation" is to intimidate or prevent someone from practising their faith.

"We have included specific provisions to exempt peaceful protest," Fraser said.

Stephen Brown, CEO of the National Council of Canadian Muslims, said he is broadly supportive of the legislation.

He said it addresses long-standing requests from the Muslim community, such as the specific "free-standing" provision for hate crimes, but added that success moving forward will hinge on whether the bill can protect minority groups while preserving civil liberties.

"Finding the right balance is what's important," Brown said.

The council does, however, have lingering concerns over how the law will be applied and whether law enforcement will properly distinguish between what does and does not count as a hate symbol.

The law as currently written explicitly targets symbols used by Nazis and listed terrorist entities, but also covers anything that "so nearly resembles" those symbols it could be confused for one of them.

Fraser said that language helps to "protect against counterfeits."

Richard Marceau, vice-president of external affairs with the Centre for Israel and Jewish Affairs, said he would have liked to see hate symbols banned outright, rather than merely when they are used to promote hate in public.

Marceau nonetheless called the bill a "step in the right direction," following two years in which Jewish community centres, schools and synagogues have been "under siege."

"Having this [legislation] is an important message that this will not stand."

 
 

"The Canadian Civil Liberties Association (CCLA) takes issue with the use of the Criminal Code, referring to it as a "blunt instrument" that may not be best suited to addressing the goal of protecting identifiable groups.

 
 
 

MONTREAL — The Canadian Civil Liberties Association (CCLA) denounces Quebec’s Bill 9, tabled today, as yet another assault on religious freedoms, equality, and basic human dignity.

In a clear and alarming infringement of freedom of religion, expression, peaceful assembly and equality, this sweeping piece of legislation almost completely prohibits collective religious practice in public.

“State secularism means the separation of religion from government institutions and the neutrality of the state towards religions,” said Anaïs Bussieres McNicoll, Director of the Fundamental Freedoms Program at the CCLA. “This does not give the government license to suppress manifestations of religion in public spaces.”

“Public spaces belong to everyone,” continued Bussières McNicoll. “The freedom to express one’s thoughts, opinions and beliefs in public, including through prayer, is a cornerstone of any democratic society.”

Bill 9 also prohibits people from hindering or disturbing any religious practice taking place in a place of worship. This would undermine the democratic freedoms of all Quebecers.

“Prohibiting disturbances near places of worship directly infringe freedom of expression and freedom of peaceful assembly,” added Bussières McNicoll. “Protesters should not be fined for having participated in peaceful demonstrations in public spaces such as streets, just because they happened to cause disruption near places of worship.”

Bill 9 expands the existing ban on the wearing of religious symbols to daycare workers and to staff of subsidized private educational institutions. It also bans people from wearing religious face coverings while receiving educational services. This bill also restricts religious accommodations in the public sector.

“These harmful bans disproportionately target and marginalize religious and racialized minorities, especially Muslim women,” said Harini Sivalingam, Director of the Equality program at the CCLA. “Stripping people of their right to learn or to work because of their faith has no place in a democracy, ” Sivalingam continued. “Bill 9 will deprive generation of Quebecers from competent and passionate workers.”

“Bill 9 deepens the shameful legacy of exclusion set in motion by Bill 21 – legislation that we are currently challenging at the Supreme Court of Canada,” Sivalingam added. “We call on the Quebec government to abandon this divisive scheme immediately and to stop weaponizing a distorted view of secularism as a political tool.”

“Once again, the Quebec government is using the notwithstanding clauses in an attempt to prevent Quebecers from challenging a law that blatantly violates their fundamental rights,” said Howard Sapers, CCLA’s Executive Director. “If the Quebec government truly believes that its legislation is justified, it should have the courage to defend it before the courts. Instead, the government is bypassing the democratic dialogue with courts that is essential in a free and democratic society,” he concluded.

About the Canadian Civil Liberties Association

The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

For the Media

For further comments, please contact us at media@ccla.org.

For Live Updates

Please keep referring to this page and to our social media platforms. We are on InstagramFacebook, Twitter and Blue Sky.

 
 
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March 17, 1932 - May 11, 2015

A. Alan Borovoy

General Counsel, Emeritus

Alan Borovoy was General Counsel of the Canadian Civil Liberties Association from May, 1968 until June, 2009. Prior to coming to CCLA, Alan worked with other human rights and civil liberties organizations such as the National Committee for Human Rights of the Canadian Labour Congress, the Ontario Labour Committee for Human Rights, and the Toronto & District Labour Committee for Human Rights.

As General Counsel of CCLA, Alan made presentations to public inquiries and gave testimony before parliamentary committees on issues such as mandatory drug-testing in the workplace, wiretapping, and police race-relations. His community organizing activities included delegations to the federal and provincial governments on issues of capital punishment, religious education in the public schools, the War Measures Act, campus speech codes, and national security and intelligence.In addition to his work as General Counsel, Alan was a fortnightly columnist for the Toronto Star from 1992-1996. Other media work included appearances on many public affairs programs, and on open-line television and radio programs. He is published widely across Canada, and is the author of several books, including The New Anti-Liberals, Uncivil Obedience: The Tactics and Tales of a Democratic Agitator and When Freedoms Collide: The Case for Our Civil Liberties, which was nominated for the Governor General’s Award in 1988. His memoir, At the Barricades, was published in 2013.

Alan gave lectures and public addresses to students, human rights organizations, and policing agencies in Canada and abroad. He was a visiting professor at the faculties of law at Dalhousie University and the University of Windsor, and a part-time lecturer at the University of Toronto Faculty of Social Work and York University’s political science department. Alan received his B.A. from the University of Toronto in 1953, and his LL.B. from the University of Toronto in 1956. He was admitted to the Ontario Bar in 1958. He received four Honorary Doctor of Laws Degrees, the Law Society Medal from the Law Society of Upper Canada in 1989, an Award of Merit from the City of Toronto in 1982, and was inscribed in the Honour Roll of the aboriginal people of Treaty Number 3 in 1991. He was made an Officer of the Order of Canada in 1982. A. Alan Borovoy was actively involved in CCLA until his passing in May, 2015.

 

https://cfe.torontomu.ca/people/anais-bussieres-mcnicoll 

 

Anaïs Bussières McNicoll

Advisory Board
Director, Fundamental Freedoms Program
Canadian Civil Liberties Association

Anaïs Bussières McNicoll is the director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association (CCLA).

As part of her role at CCLA, Anaïs develops and manages strategic litigation in which the CCLA, as a party or intervener, endeavors to advance the law on fundamental freedoms, democratic rights and mobility rights. She also advocates for fundamental rights and freedoms in various forums, including parliamentary committees and the media. She is deeply involved in CCLA's opposition to the increasing use of the notwithstanding clause to override basic human rights. Anaïs believes that a society cannot be truly free and democratic without a transparent, accountable state that respects the rule of law and upholds Charter-protected rights. She is honored to dedicate her professional career to defending these principles.

Prior to joining the CCLA, Anaïs was a partner at a national law firm, where she practiced litigation, with a focus on public and constitutional law, as well as civil law.  She was particularly sought after for her contributions to complex cases at the appellate stage, especially before the Supreme Court of Canada.

Anaïs was called to the Quebec Bar in 2015 after earning her law degree with honors from the University of Montreal. She then completed a two-year clerkship at the Quebec Court of Appeal.

 

https://cfe.torontomu.ca/people/tim-mcsorley 

 
 

Tim McSorley

Blogger
National Coordinator
International Civil Liberties Monitoring Group (ICLMG)

Tim McSorley is the National Coordinator of the International Civil Liberties Monitoring Group (ICLMG) coalition. His work focuses on advancing the coalition’s mandate to defend civil liberties in Canada from the impact of national security and anti-terrorism laws.  This includes publishing research reports and policy briefs, engaging with the public, and advocating with lawmakers. Current priorities include transparency and accountability in national security activities; emerging forms of surveillance; religious, racial and political profiling; and rights concerns around the use of secret evidence. Tim holds a BA in Journalism and Political Science from Concordia University in Montreal, and is the former coordinator of both the Media Co-operative and the Voices-Voix Coalition. He currently resides in Ottawa. 

 

Media Contacts

 
"Richard Marceau, vice-president of external affairs with the Centre for Israel and Jewish Affairs, said he would have liked to see hate symbols banned outright, rather than merely when they are used to promote hate in public. '
 
 
 
 
Profile picture for 60819

Richard Marceau

Senior Vice-President, Strategic Initiatives and General Counsel , CIJA

Richard is a former Member of Parliament, a lawyer, a published author, a human rights activist, and a person passionate about the Jewish story.

 

https://www.cija.ca/cija_responds_to_introduction_of_bill9_quebec 

 

CIJA Responds to the Introduction of Bill 9, “Loi sur le renforcement de la laïcité au Québec”

Profile picture for 60847
CIJA
|November 27, 2025

Montreal, QC - November 27, 2025 - The Quebec government today tabled Bill 9, "Loi sur le renforcement de la laïcité au Québec".

In response, Eta Yudin, CIJA's Senior Vice President (Quebec) issued the following statement:

"As you know, Quebec's Jewish community fully supports the defense of our shared values in Québec.

"For more than two years now, following the barbaric attacks carried out by Hamas terrorists in Israel, the importation of this conflict into our own society has revealed the dangers of Islamism and demonstrated that the legislative framework surrounding secularism meant to protect our society from antisemitism and entryism - as seen in the case of Bedford Public School-must be strengthened.

"Premier Legault himself underscored the threat posed by radical Islamists in his opening speech to the legislative session last September, describing them as 'a group of people who attempt, by every means, to impose their values, to challenge our values, and in particular women's right to equality.'

"We are therefore pleased to see that the government has followed our recommendations regarding the ban on street-blocking prayers. These prayers, used by radical Islamists to spread hatred and glorify terrorists, have no place in Quebec. We nevertheless hope that municipalities-which will now be tasked with authorizing or refusing such demonstrations-will show the same discernment as the Quebec government.

"The ban on the full-face veil in higher-education institutions must also be welcomed and has long been expected. The issue at stake is not religious freedom, but one intrinsically linked to gender equality and, above all, to safety and the fight against radicalization.

"In addition, we are pleased to see that the bill sanctions individuals who seek to prohibit, restrict, obstruct, or disrupt access to a place of worship and the exercise of religious practice within it-another long-standing request of our community. This is a very meaningful step forward.

"Nevertheless, we are dismayed to see Minister Roberge lose sight of the objective by using this bill to target subsidized private schools, which are not the source of the issues identified in the Bedford case and similar situations.

"This incomprehensible about-face is all the more troubling given that Premier François Legault himself described, in 2022, the network of Jewish private schools as a model for the rest of Quebec society.

"Walking back a government commitment repeatedly reaffirmed in public not to touch subsidized private schools-by adopting measures that affect institutions that comply with the law, restricting non-proselytizing religious symbols in these environments, and undermining freedom of choice to address problems that do not originate from them-is precisely what it means to lose sight of the objective.

"As always, we will work with the government to address the concerns of our community and advance the interests of all Quebecers."

 

Media Contacts

  • Profile picture for 428214
    For Quebec and additional French language requests

    Julien Corona

    Director of Strategic Communications and Public Relations, Quebec

Please note that, as a Jewish organization, CIJA observes Shabbat and High Holidays. This means that CIJA staff are not permitted to work on either Shabbat (the team is usually ‘pens down’ by 2:30 p.m. local time on Fridays) or the High Holidays, including Rosh Hashanah, Yom Kippur, the first two and last two days of Sukkot, first two and last two days of Passover, and Shavuot (offices close at 1 p.m. local time on the Erev / first night of the holiday). Our staff therefore do not answer emails or phone calls and, as an organization, we do not participate in interviews or provide comment on those days. However, in the case of an active threat or other extreme circumstance, one of our non-Jewish team members will be available.

 
 
"Stephen Brown, CEO of the National Council of Canadian Muslims, said he is broadly supportive of the legislation."
 
 
 
 

Stephen Brown

Chief Executive Officer

 Stephen Brown is the CEO of the National Council of Canadian Muslims (NCCM). He is a well-known leader and community organizer with decades of experience in the private sector, in organized labour, and in human rights advocacy.

Stephen started his career as a continual improvement professional in the manufacturing sector. He returned to university to earn his Commerce degree in business technology management at Concordia University in Montreal, where he joined the student movement and became the director of the Concordia Student Union Advocacy Centre. There he founded the office for graduate students, managed operations, and advised student leaders on student rights and academic issues.

After starting his own tech start-up that he ran for a number of years, Stephen went on to become an organizer for one of the largest labour unions in Canada, where he dealt with accreditation cases and organized tens of thousands of workers where he managed labour relations, negotiated collective agreements, and took on grievances and health & safety cases. Stephen held consecutive mandates as the head labour representative for large locals in the healthcare and municipal sectors where he led teams of litigators, lawyers, and pension fund specialists.

Stephen comes from an Afro-Canadian family that was active during the civil rights movement.

Stephen has been a long-standing leader within the Quebec Muslim community, working to promote human rights, interfaith dialogue, and Muslim youth initiatives as well as helping community groups to develop various advocacy initiatives and implement best practices. A prolific speaker, his writings have been published in various news media and he has been a commentator on public policy matters including Bill 21, civil liberties and Islamophobia, and Muslims in Quebec. 
 
 
 

Nusaiba Al-Azem

Director of Legal Affairs

Since her formative years, Nusaiba has demonstrated keen interest and involvement in social justice issues, in particular pertaining to Muslim communities. As a registered social worker, she holds a BSW from King’s University College, where she gained experienced in both individual counselling and community development work.

Nusaiba received her Juris Doctor from Western Law, where she was the recipient of the Margaret H. McNulty Prize awarded to a student who shows great promise and where she obtained a Certificate of Mediation from the Dispute Resolution Centre. She graduated with distinction and was honoured to receive the Law Society of Upper Canada Prize for academic achievement. Following her call to the bar, Nusaiba practiced as a corporate and commercial lawyer before transitioning into human rights based and advocacy work at NCCM.

As NCCM’s Director of Legal Affairs, Nusaiba is responsible for helping community members seeking legal assistance in matters related to Islamophobia, hate and discrimination and for developing legal and policy solutions for a more just and inclusive Canada. 
 

Karine Devost

Senior Legal Counsel

Karine Devost has over two decades of legal experience gaining deep insight into the legal issues impacting Canadian Muslim communities.

As a long-standing member of the Ottawa Muslim community, Karine has been active in providing strategic advice to a wide range of community members. She has also been a highly sought-after speaker on various issues in Ottawa’s mosques and other Muslim spaces.

Before joining NCCM, Karine’s private law practice strongly emphasized the representation of victims in motor vehicle accidents, as well as their family members. Karine ensured that their rights were respected at every step of the litigation process.

Karine is eager to use her extensive experience to provide advocacy support to Muslims and their communities. She obtained her LL.B. from the University of Ottawa and was called to the Ontario bar in 2001. Karine is fluent in French and English. 
 
 
 

R. v. Devost (K.),

JurisdictionOntario
JudgeDoherty, Moldaver and Sharpe, JJ.A.
CourtCourt of Appeal (Ontario)
Citation(2010), 263 O.A.C. 169 (CA),2010 ONCA 459
Date07 June 2010

R. v. Devost (K.) (2010), 263 O.A.C. 169 (CA)

MLB headnote and full text

Temp. Cite: [2010] O.A.C. TBEd. JN.066

Her Majesty the Queen (respondent) v. Karine Devost (appellant)

(C48411; 2010 ONCA 459)

Indexed As: R. v. Devost (K.)

Ontario Court of Appeal

Doherty, Moldaver and Sharpe, JJ.A.

June 21, 2010.

Summary:

A sentencing judge found an accused's lawyer (Devost) guilty of criminal contempt for making a misleading submission during a sentencing that caused the judge to impose a sentence other than intended. Devost appealed.

The Ontario Court of Appeal allowed the appeal, quashed the conviction and entered an acquittal.

Barristers and Solicitors - Topic 673

Duty to court - Contempt - What constitutes contempt - [See Contempt - Topic 510].

Contempt - Topic 510

What constitutes contempt - Criminal contempt - A sentencing judge found an accused's lawyer (Devost) guilty of criminal contempt for making a misleading submission during a sentencing that caused the judge to impose a sentence other than intended - Devost learned just before the sentencing hearing that the accused was serving a two year sentence for other offences imposed a week earlier in Quebec - The Crown and court apparently were not aware of this sentence - Devost requested that the accused be credited for pre-sentence custody - This submission misled the judge into believing that the accused was not in custody on any other matter (otherwise, he would not have been entitled to full credit for the pre-sentence custody) - As the judge was unaware that the accused was currently serving another sentence, he did not indicate that the current sentence should run consecutively to any other sentence - At the contempt hearing, Devost argued that she had not intended to mislead the sentencing judge and that her inadvertently misleading submission was a product of her inexperience and lack of expertise in criminal law matters - The Ontario Court of Appeal allowed Devost's appeal, quashed the conviction and entered an acquittal - It was unreasonable to label Devost's conduct as criminal - The judge erred in presuming criminal contempt upon a finding of the requisite actus reus, and in placing a burden on Devost to demonstrate that her conduct was not contemptuous - The judge should have considered the entirety of the record, including Devost's explanation for her misstatement and her unqualified apology, before deciding whether he was satisfied beyond a reasonable doubt that when Devost made the misleading statement, she had the necessary mens rea - It would be unreasonable for a trier of fact to hold that Devost misleading submission was made with the mens rea required to justify a finding of criminal contempt.

Contempt - Topic 1166

What constitutes contempt - Counsel - Conduct in court - [See Contempt - Topic 510].

Contempt - Topic 5083

Practice - Evidence and proof - Burden of proof - [See Contempt - Topic 510].

Contempt - Topic 5090

Practice - Evidence and proof - Criminal contempt - [See Contempt - Topic 510].

Cases Noticed:

R. v. Glasner (E.) (1994), 74 O.A.C. 81; 93 C.C.C.(3d) 226 (C.A.), refd to. [para. 35].

Counsel:

Marie Henein and M. Gourlay, for the appellant;

Michael Bernstein, for the respondent.

This appeal was heard on June 7, 2010, before Doherty, Moldaver and Sharpe, JJ.A., of the Ontario Court of Appeal. Doherty, J.A., released the following decision for the court on June 21, 2010.

 

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The International Civil Liberties Monitoring Group 

The International Civil Liberties Monitoring Group (ICLMG) is a national coalition of Canadian civil society organizations that was established after the adoption of the Anti-Terrorism Act of 2001 in order to protect and promote human rights and civil liberties in the context of the so-called “war on terror.” The coalition brings together 45 NGOs, unions, professional associations, faith groups, environmental organizations, human rights and civil liberties advocates, as well as groups representing immigrant and refugee communities in Canada.

Our mandate is to defend the civil liberties and human rights set out in the Canadian Charter of Rights and Freedoms, federal and provincial laws (such as the Canadian Bill of Rights, the Canadian Human Rights Act, provincial charters of human rights or privacy legislation), and international human rights instruments (such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).

Concerns

Active in the promotion and defense of rights within their own respective sectors of Canadian society, ICLMG members have come together within this coalition to share their concerns about national and international anti-terrorism legislation, and other national security measures, and their impact on civil liberties, human rights, refugee protection, minority groups, political dissent, governance of charities, international cooperation and humanitarian assistance.

ICLMG member organizations are deeply concerned with the impact of contemporary violence, including all forms of political violence, and the use of terror, whether by states or non-state elements. Such violence and tactics of terror are a threat to the deepening of democratic and open societies and governments worldwide. Consequently, we support all legitimate efforts to combat terrorism which is in itself a serious attack on human rights, but argue that these efforts must always respect human rights norms.

At the same time, while we recognize the obligation of states to protect citizens and others on their territories from violence, we regret the way in which most states are interpreting this obligation by restricting democratic freedoms. We do not properly defend democracy, the rule of law and a culture of human rights by abdicating these very principles. Security and freedom are not opposites. Respect for fundamental rights is an essential condition, a vital component of security.

In particular the ICLMG has raised concerns about:

  • Canada’s anti-terrorism legislation and other counter-terrorism measures;
  • the harmonization of Canada’s security policies and practices with those of the United States, especially with regards to border controls and the creation of “terrorist” watchlists and no-fly lists;
  • the dynamics and problematics of information sharing between states;
  • the need for rigorous independent and integrated oversight mechanisms over national security operations of the RCMP and other security/intelligence agencies, including among others CSIS, CSE, CBSA and Transport Canada;
  • the lack of due process, transparency and accountability in the use of security certificates and secret trials to deport landed immigrants and refugees suspected of terrorist links;
  • the rapid deployment of a global infrastructure of mass surveillance and the erosion of privacy rights, civil liberties and freedoms;
  • the treatment of Maher Arar, Abdullah Almaki, Ahmad Abou-Elmaati, Muayed Nureddin and others detained and tortured abroad;
  • the Guantanamo Bay detention centre, the treatment of Omar Khadr and the growing disregard for the rule of law and international covenants in the context of the U.S. led “war on terror.”

Areas of intervention

The areas of intervention of the coalition include:

  • Monitoring the evolution and the application of Canada’s security and “anti-terrorist” agenda and its impact on civil society organizations and communities;
  • Disseminating information to ICLMG members as well as to interested and affected organizations and communities;
  • Developing joint and concerted responses to ensure transparency and due process where specific organizations and/or vulnerable communities are affected;
  • Promoting public awareness of the implications of the laws and other anti-terrorist measures;
  • Lobbying and carrying out advocacy work with policy makers, members of Parliament, Parliamentary committees, etc.; and
  • Working with international partners and coalitions, as well as intervening at international bodies such as the United Nations.

Since its inception, ICLMG has served as a round-table for strategic exchange — including international and North/South exchange — among organizations and communities affected by the application, internationally, of new national security (“anti-terrorist”) laws. ICLMG has provided a forum for reflection, joint analysis and cooperative action in response to Canada’s own anti-terrorist measures and their effects, and the risk to persons and groups flowing from the burgeoning national security state and its obsession with the control and movement of people.

An important aspect of the role of the ICLMG is the dissemination of information related to human rights in the context of counter-terrorism and the expanding – and largely unaccountable – national security apparatus. This information is distributed to members of the coalition who in turn broadcast it to their own networks.

Finally, further to its mandate, the ICLMG has intervened in individual cases where there have been allegations of serious violation of civil liberties and human rights. The ICLMG has also intervened to contest proposed legislation, regulations and practices that contravene the Canadian Constitution, other Canadian laws and international human rights standards.

 

Members and partners

Member organisations

Observer organization

Canadian Journalists for Free Expression

Friends of ICLMG

Gerry Barr; Senior Adviser Public Affairs, Directors Guild of Canada, and former President and CEO of the Canadian Council for International Cooperation.

Hon. Edward Broadbent; former leader of Canada’s New Democratic Party and first president of the International Centre for Human Rights and Democratic Development.

Hon. David MacDonald; former Canadian Secretary of State and former minister of Communications.

Kevin Malseed; former Inter Pares representative for ICLMG.

Brian Murphy; independent writer, policy analyst and human rights advocate.

Roch Tassé; political analyst with special focus on human rights, civil liberties and national security, and former National Coordinator of ICLMG (2002-2015).

James L. Turk; Distinguished Visiting Professor, Ryerson University, and former Executive Director, Canadian Association of University Teachers.

The Very Rev. Lois Wilson; former moderator of the United Church of Canada and retired senator.

The late Hon. Warren Allmand (September 19, 1932 – December 7, 2016); former Solicitor General of Canada and a past president of the International Centre for Human Rights and Democratic Development (Rights & Democracy).

The late Hon. Flora MacDonald (June 3, 1926 – July 26, 2015); former minister of Foreign Affairs and former minister of Communications.

 

https://iclmg.ca/about-us/staff/  

Staff

Tim McSorley (he/him) joined the International Civil Liberties Monitoring Group as the coalition’s National Coordinator in November 2016. Combining his passion for civil liberties and social justice with his background in journalism, policy analysis and communications, Tim digs into the impact of government policies and works with allies and partners to fight for change. Previously, Tim was the coordinator for the Media Co-op independent media network and The Dominion magazine. He also served as coordinator for the Voices-Voix Coalition, defending the right to dissent and protecting democratic rights in Canada. He is a graduate of Concordia University in Montreal, with a degree in journalism and political science.

national.coordination[at]iclmg.ca
613-241-5298

Xan Dagenais (they/them) is the Communications and Research Coordinator of the International Civil Liberties Monitoring GroupThey completed a Masters’ degree in Law and Social Justice at the University of Ottawa, a certificate in Women’s Studies at Concordia University, and a Bachelor in International Studies at the University of Montreal. Prior to working at ICLMG, they worked as a teaching and research assistant at the Human Rights Research and Education Center of the University of Ottawa.

communications[at]iclmg.ca
613-241-5298

 

Deja Vu Anyone???

 
 
 
 




House of Commons Emblem

Standing Committee on Justice and Human Rights


NUMBER 039 
l
1st SESSION 
l
44th PARLIAMENT 

EVIDENCE

Thursday, November 24, 2022

[Recorded by Electronic Apparatus]

(1535)

[English]

     I call this meeting to order.
     Welcome to meeting 39 of the House of Commons Standing Committee on Justice and Human Rights. Pursuant to the order of reference of October 31, the committee is continuing its study of Bill C-9, an act to amend the Judges Act.
    Today's meeting is taking place in a hybrid format, pursuant to the House order of June 23, 2022. Members are attending in person in the room and remotely using the Zoom application.
    I would like to make a few comments for the benefit of the witnesses and members.
    Please wait until I recognize you by name before speaking. For those participating by video conference, click on the microphone icon to activate your microphone, and please mute yourself when you are not speaking. For interpretation, those on Zoom have the choice, at the bottom of the screen, of floor, English or French. Those in the room can select the desired channel for their earpiece.
    I'll remind you that all comments should be addressed through the chair. For members in the room, if you wish to speak, please raise your hand. If you're on Zoom, please use the “raise hand” function. The clerk and I will do our best to place you on the speaking order.
     For your information, all tests have been successfully performed with our witnesses.
    Now I would now like to welcome our witness for the first hour.
    Appearing today we will have Indra Maharaj from the Canadian Bar Association judicial issues subcommittee. She is appearing by video conference.
    You have five minutes, Ms. Maharaj. I will let you know that I use little cue cards. Watch for the cue card for when you have 30 seconds left. When you're out of time, I use this one. Just wrap up, so I don't have to interrupt your train of thought.
    We'll go over to you for five minutes, Ms. Maharaj.
    Good afternoon, Mr. Chair and members of the Standing Committee on Justice and Human Rights. Thank you for the invitation to appear before you today. It is both an honour and a privilege to be able to present the Canadian Bar Association's position with respect to the issues raised by the proposed amendment to the Judges Act, Bill C-9.
    My name is Indra Maharaj, and I am the chair of the judicial issues subcommittee.
    I would like to begin by recognizing that I am attending this meeting from the traditional territories of the Blackfoot Confederacy—Siksika, Kainai and Piikani—the Tsuut'ina and Stoney Nakoda nations, Métis Nation Region 3, and all people who make their homes in the Treaty 7 region of southern Alberta.
    The CBA represents lawyers, law students, academics and judges across our entire country, where different first nations have made their homes and stewarded the lands that form our unique and beautiful Canada. I will pause for a few seconds of silence, so that each of us can acknowledge the treaty or traditional territory in our own location.
    Thank you.
    The Canadian Bar Association is a national association of 37,000 members, including judges, lawyers, academics and students across Canada, with a mandate to seek improvements in the law and the administration of justice. Specifically, with respect to Bill C-9—introduced on December 16, 2021—the Canadian Bar Association submitted commentary to this committee, on February 17, 2022, in support of the amendments proposed.
    Among other things, the Judges Act establishes a discipline process for federally appointed judges in response to complaints filed about their conduct. Recent government consultations underscored concerns about the length of time required to investigate these complaints and the consequent costs of investigations, including the potential cost of a member of the bench being unable to fulfill their duties while defending a complaint for misconduct.
    The CBA's recommendations are focused on ensuring that the objectives of protecting the independence of the judiciary and ensuring the public's confidence in the administration of justice are respected in the process.
    Bill C-9 amends the process through which the conduct of federally appointed judges is reviewed by the CJC in three significant ways: It creates a process for reviewing allegations not serious enough to warrant removal from office; it improves the process by which recommendations for removal are made to the minister; and it ensures that the determination of pensionable service for judges ultimately removed from office reflects their time of service and does not include the time of review, all while ensuring that, if the judge is exonerated, they do not lose the time spent defending the claim made against them.
    I have a little more detail.
    First, the process for screening complaints that may not be serious enough to warrant removal from office is a positive development. It enhances the Canadian Judicial Council's capacity to respond quickly to allegations of misconduct and provides sanction options in these cases, such as counselling, continuing education and reprimands. This process saves the CJC time, ensures that judicial resources are well managed, and minimizes the amount of time a judge might potentially spend defending a frivolous complaint while not sitting on the bench.
    Second, improving the discipline process ensures that meritorious claims are moved forward and department resources are used efficiently. It also promotes procedural fairness and is designed to minimize delays and control costs.
    Third, it is critical that judges, like any other litigant, are able to defend their conduct in a fair, transparent process and be satisfied that, if they are ultimately exonerated, their pensionable service will be protected during the period of time dedicated to defending their case. However, it is equally important that time spent during that process does not contribute to pensionable service if the complaint results in removal of the judge from office.
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     Judicial independence and judicial accountability are both essential to ensuring the integrity of our judicial system, the primacy of the fair administration of justice and the support of the rule of law. If our judiciary is to be respected and trusted, the public must be confident that judges, through a fair and transparent process, are both independent of external influences and held accountable for their conduct on the bench.
    Thank you. I'm happy to take any questions you may have.
    Thank you, Ms. Maharaj.
    Now we will go to our first round of questions, beginning with Mr. Moore for six minutes.
     Thank you, Mr. Chair.
    Welcome to our committee. We appreciate your perspective and your input from the Canadian Bar Association.
    From one of the previous panels we had, we understand.... All parties are supportive of this particular piece of legislation, recognizing that the Canadian Judicial Council has been calling for a more streamlined approach, and that other individuals within the process, including complainants, have recognized that the current approach is dated and cumbersome and there could be unnecessary delays.
    When we look at the right of appeal of a decision, we see that there's a mechanism in the legislation to appeal to the Supreme Court of Canada, which seems like a pretty lofty first option of appeal. It was raised by two of our witnesses—and a third concurred on questioning—that it may be appropriate to have a right of appeal to the Federal Court of Appeal.
    I'd like to get your thoughts on that in terms of the perception of justice and the rules of fundamental justice. I'm wondering about this idea that a governing body makes a decision and your recourse is an appeal to the Supreme Court of Canada. Are we accepting that because it's judges who are on that panel? If it were another group of peers—if it were doctors, accountants or some other group of peers who were passing judgment on one's conduct—would we accept that the recourse for that individual was just to appeal to the Supreme Court of Canada?
    Could you make some comment on that? Also, did you have any thoughts on a right of appeal to the Federal Court of Appeal being injected into the process?
    Thank you very much for the question.
    The particular option that was offered by The Advocates' Society, which was an appeal from the final review panel to the Federal Court of Appeal before an appeal might land with the Supreme Court of Canada, was not an option that we considered specifically, although I have heard some of the other presentations, and they do note that the final appeal panel, prior to the appeal potentially to the Supreme Court of Canada, is composed of senior members of the judiciary as well.
    In terms of the fairness or the administrative fairness of that particular process, the concept of where the appeals lie and how they flow through from the complaints process, from the beginning through to the end, appears to be considered.
    With respect to the CBA's position, we have confidence in the consultation that has been done by the government in this regard. It has been extensive. The result of that consultation is the bill that's before you, and we do support that bill.
    Thank you.
    I think that by and large I would agree. This is legislation that was called for, but in light of this testimony that we've heard, it does raise the prospect: If your recourse is an appeal to the Supreme Court, is that real external judicial oversight? Is that realistic? I don't know if there's any analogous scenario in any other field. The consequences are severe: being removed from the bench and losing one's pension.
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    In your mind, should it matter that the people on that final panel are judges? Is that why we would be letting it slide in this case, in that we're dealing with judges passing judgment over a peer versus some other group that has a peer discipline model?
    Thank you for the question.
    I would hesitate to say that an appeal to the Supreme Court of Canada is allowing it to slide by if there's no appeal that precedes it that's external to the process. However, I would refer back to the fact that the judges were consulted with respect to the process, and the result of that consultation did not generate an additional level of appeal. All I can conclude from that is that it was not an issue of concern to the bench.
    Okay. Thank you.
    I only have 30 seconds left. Do you have any quick comment on the current system, in which there are undue delays?
    What do you see as the key to Bill C-9? Is there on overarching feature that you feel, if there were to be amendments, we definitely want to stick with?
    Answer very briefly. You have 10 seconds.
    Thank you.
    The fact that the process has been streamlined in order to ensure that the process moves upward and forward, rather than delayed laterally, is, I think, the primary goal in the amendment that's been produced.
 
 
 
 
 
 
 
 

 

 

 

 

 

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