Canadian AG ‘hopes’ people who ‘willfully promote hatred’ on social media will face ‘criminal penalty’

Fraser made the remarks last week while testifying before the House of Commons Justice Committee about Bill C-9. The proposed legislation would make it a crime to “willfully promote hatred” against an identifiable group through certain public displays, such as symbols associated with hate movements. It would also create a specific hate-motivated crime category, among other changes intended to expand existing hate crime laws.

Conservative MP Andrew Lawton asked Fraser whether he could guarantee that, if Bill C-9 passes, no Canadian would be charged for something they post on social media.

“Well, if they commit the crime of willfully promoting hatred against another person,” Fraser began to reply, before Lawton interjected, noting that the government is seeking to redefine that offense.

Fraser then acknowledged that it is possible individuals could face prosecution for online posts, saying, “Certainly I would hope that if someone commits a crime in the real world or online, that they would face the appropriate criminal penalty, if in fact it’s captured by the code.”

Lawton pointed to a recent case in which someone was charged under existing law for displaying a swastika, which prosecutors argued constituted willful promotion of hatred. He questioned why additional legislation was needed.

Fraser responded that Bill C-9 would strengthen penalties and broaden the scope of hate-motivated crimes, allowing courts to impose additional charges and harsher penalties due to the “manner in which a person chose to promote hate to cause more damage to an affected community.”