What reforms or measures are introduced by Bill C-9 in Canada and their implications?
Executive summary
Bill C-9 appears in two distinct incarnations in the sources: a 2022-era Judges Act reform that overhauls judicial-complaint processes and a 2025 Combatting Hate Act that amends the Criminal Code to create new hate-crime and hate-propaganda offences (including removing a religious exemption) and to change prosecutorial rules; both sets of measures carry significant implications for accountability, free expression and minority protection (judicial reforms: [1], [2]; hate/criminal reforms: [3], [5], [8], [5]2).
1. Two different bills sharing the “C‑9” label — read the context
Parliamentary practice reuses bill numbers across sessions; sources show a C-9 from 44th Parliament about judges and a 45th‑Parliament C-9 titled the Combatting Hate Act, so any analysis must distinguish which C‑9 is meant: the judges‑act reforms are detailed in Justice Canada background and Charter statements [1] [2] while the Combatting Hate Act and its hate‑speech/hate‑crime measures are set out in Justice’s Criminal Code Charter statement and reporting [3] [4] [5].
2. What the judges‑process C‑9 proposes: public panels, lay participation and new appeal rights
The judges’ reform C‑9 would overhaul the judicial conduct review process, introduce lay (non‑lawyer) participation in decision‑making, create re‑hearing and statutory appeal rights for judges, publish hearing panels by default (with limited privacy exceptions) and provide for reimbursement of legal fees for judges in these proceedings — all framed as improving transparency and public confidence [1] [2].
3. Implications of judicial reforms: accountability versus judicial independence
Supporters say the changes modernize an outdated regime and increase transparency and public trust in judicial discipline [2]. Critics raised concerns about procedural fairness, potential politicization and limits on disciplinary options (for example, the bill does not include suspension or docking pay as penalties) — a tension documented in committee exchanges and Senate study [6] [2].
4. What the Combatting Hate Act C‑9 proposes: new crimes, symbol bans, and prosecutorial changes
The Combatting Hate Act would create a new hate‑crime offence for offences motivated by hatred and add Criminal Code offences for intentionally promoting hatred in public using certain hate‑ or terrorism‑related symbols; it also clarifies defences for legitimate purposes (journalism, religion, education, art) and limits on what counts as “hatred” per Supreme Court jurisprudence [3] [7]. Reporting indicates the government agreed to remove a long‑standing religious‑belief exemption from hate‑speech law as part of committee negotiations [5] [8].
5. Prosecutorial change: Attorney General consent removed — faster prosecutions, different checks
Civil‑society analysis notes C‑9 would eliminate the requirement for Attorney General consent before prosecuting certain hate crimes, a change that could make it easier for prosecutors to bring hate‑based charges but also shifts a significant check on prosecutions away from centralized political oversight [9].
6. Free expression and religion debates: competing perspectives
Journalistic and advocacy sources report sharp disagreement. Proponents and Justice Department materials frame the bill as codifying high‑court definitions and carving out legitimate purposes [3]. Opponents warn the removal of the religious‑belief exemption could criminalize sincerely held religious expression and chill speech; a commentary piece argues it threatens freedom of religion and expression [10] while National Post reporting describes a Liberal‑Bloc deal to remove the exemption [8]. Both positions are present in the sources [3] [10] [8].
7. Effects on marginalized communities and policing concerns
Advocates for 2SLGBTQI communities welcome strengthened criminal tools and removal of barrier‑consent requirements as potentially lowering barriers to prosecute hate offences [9]. They also caution that criminal law may not address the most common harms (online harassment, targeted municipal actions) and warn about policing discretion and political misuse [9].
8. What is not in the reporting / limits of available sources
Available sources do not mention final vote counts, implementation timelines, or whether the bills have passed into law as of these reports; they also do not supply empirical projections of prosecution volumes or concrete examples of how the religious‑exemption removal would be applied in practice (not found in current reporting).
9. Bottom line — tradeoffs and political bargaining
Both C‑9s represent tradeoffs: judges’ reforms trade increased public participation and transparency for new procedural routes and potential fairness concerns [1] [2]; the Combatting Hate Act trades broader criminal tools and faster prosecutions against contested limits on religious exemptions and free‑speech worries, with political horse‑trading (Liberals and the Bloc) shaping the bill’s contours [3] [5] [8].