On June 18, 2026, the Combatting Hate Act (Bill C-9) received Royal Assent. Its provisions came into force 30 days later on July 18, fundamentally changing how Canada prosecutes hate-motivated conduct.

According to the Department of Justice, the Act has amended the Criminal Code to “better protect access to places of worship, as well as schools, community centres and other specified places, and more clearly addresses and denounces hate-motivated crime.”

Offences and Punishment

These are the new offences in and changes to the Criminal Code:

1. Intimidation offence

Makes it a crime to engage in any conduct with the intent to make someone afraid, to prevent them from accessing a religious or cultural institution and other specified places. This could include threats, acts of violence, or other intimidating behaviour.

Punishable: a maximum penalty of 10 years imprisonment, or two years less a day for less serious offences.

2. Obstruction offence

Makes it a crime to intentionally block or interfere with another person’s lawful access to the same places. or example, deliberately blocking doors, driveways, or roads that are used to get to religious or cultural centres, or not allowing a person to enter those places.

Punishable:  a maximum penalty of 10 years imprisonment, or two years less a day for less serious offences.

What places are protected by the new intimidation and obstruction offences?

The intimidation and obstruction offences protect buildings or structures that are:

• primarily used for religious worship (e.g., synagogues, mosques, churches, temples and gurdwaras) or cemeteries.
• primarily used by an “identifiable group”, for administrative, social, cultural, or sports activity purposes, as an educational institution, or as a seniors’ residence.

“Identifiable group” is defined as “groups distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.”

3. New definition of “hatred”

The law adds a new definition of “hatred” to the Criminal Code. This new definition is based on Supreme Court of Canada rule of law currently followed by courts. In the law, hatred is defined as “an emotion of an intense and extreme nature that is clearly associated with vilification and detestation.” This new definition makes it clear what conduct constitutes a hate crime, allowing for a more consistent application of these offences in the criminal justice system.

What is not hatred? The law also specifies that acts that solely humiliate, discredit, hurt or offend are not considered hatred.

4. Hate Crime offence

This offence applies to anyone committing a federal offence that is motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression.

Punishment: This offence comes with an escalating penalty structure that recognizes and provides higher maximum penalties for more serious crimes. The punishment must reflect the seriousness of the offence, the harm caused by the illegal act, and the degree of responsibility of the offender.

The maximum penalties for the new hate propaganda offences on indictment range from 5 to 10 years imprisonment, depending on the severity of the specific underlying crime. An example is the offence of uttering threats which carries a maximum penalty of five years imprisonment on indictment. If prosecuted under the new hate crime offence, the maximum penalty would increase to 10 years on indictment.

Further amendments include that if any existing Criminal Code offence, for example mischief or assault, is committed with hateful intent, this will create a separate stand-alone hate crime offence, which can escalate to a maximum sentence of up to life in prison.

5. New Hate Propaganda offence

The Act creates a new hate propaganda offence (there are already 4 hate propaganda offences in the Criminal Code) that makes it a crime to wilfully promote hatred against an identifiable group by publicly displaying the following terrorism or hate symbols:

• symbols principally used by or associated with terrorist entities that are listed under the Criminal Code
• the Nazi Hakenkreuz
• the Nazi double-sig rune (also known as the SS bolts)
• a noose

“Identifiable group” is defined as “groups distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.”

However, it is not considered a crime:

• if the display of the symbol was for a legitimate purpose, including a legitimate purpose related to journalism, education or art, that is not contrary to the public interest; or

• if, in good faith, the display of the symbol was intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

Punishment: a maximum penalty of 2 years imprisonment if found guilty of an indictable offence.

What does the new Act NOT do?

The Act respects Canada’s Charter rights to free expression and peaceful assembly. People are still free to simply communicate information and peacefully protest, or otherwise not engage in criminal activity around religious and cultural centres and other specified places.

Specifically, the Act does not:

• criminalize religious teaching
• restrict the ability to preach, read scripture, or practice religion
• ban peaceful protest, assembly or political advocacy, or unreasonably affect an individual’s freedom to voice their concerns in a safe and peaceful manner
• criminalize opinions, disagreement, or criticism

More information

For more information on the new Combatting Hate Crime, refer to the Government of Canada’s Combatting Hate Act: Legislation to protect communities against hate, Backgrounder.

You can also view Bill C-9 An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places).

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 1-866-961-4963 .

								
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