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Criminal Ban on Residential School Denialism

An Act to amend the Criminal Code (promotion of hatred against Indigenous peoples)

Summary

  • Creates a new Criminal Code offence for wilfully promoting hatred against Indigenous peoples by condoning, denying, downplaying, or justifying the Indian residential school system, when communicated publicly (not in private conversation).
  • Integrates the new offence within section 319 hate propaganda provisions, mirroring the existing framework and intent standard.
  • Includes coordinating amendments with the Combatting Hate Act (Bill C-9) to align forfeiture, exemptions for seizure of communication facilities, and Attorney General consent requirements.
  • Preserves gatekeeping via Attorney General consent for prosecutions and allows forfeiture of items used to commit the offence.

Builder Assessment

Abstain

Principles Analysis

Canada should aim to be the world's most prosperous country.

Primarily a hate-speech measure with limited direct economic effects; social cohesion benefits are possible but indirect.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

Creates a new speech-related criminal offence that expands legal exposure and enforcement complexity, risking a chilling effect on discourse.

Drive national productivity and global competitiveness.

No direct link to productivity or competitiveness; any effects on academic or media activity are speculative.

Grow exports of Canadian products and resources.

No bearing on trade or export performance.

Encourage investment, innovation, and resource development.

Does not target investment or innovation policy; reputational effects are uncertain.

Deliver better public services at lower cost (government efficiency).

Adds a prosecutable offence, potentially increasing justice-system workload; Attorney General consent may limit costs.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax policy components.

Focus on large-scale prosperity, not incrementalism.

Narrow, targeted criminal law change addressing a social harm rather than broad prosperity outcomes.

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PartyMember of Parliament
StatusOutside the Order of Precedence
Last updatedN/A
TopicsCriminal Justice, Indigenous Affairs, Social Issues
Parliament45