Combatting Online Hate in Canada: Challenges and Changes in Hate Speech Legislation

By: Amanpreet Singh, JD, Legal Researcher

Photo Credit: “AI-generated illustration created with OpenAI ChatGPT for ACLRC educational content”

Combatting Online Hate in Canada: Challenges and Changes in Hate Speech Legislation

Rising concerns over online hate, incitement to violence, and exploitation have sparked calls for online harms legislation aimed at regulating harmful content on digital platforms. A 2024 Abacus Data survey commissioned by the Canadian Press and Parliamentary Channel found that 87% of respondents believe online hate has a severe overall impact, with nearly half saying name-calling and insults have been normalized and the problem needs to be addressed. The Survey of Online Harms in Canada 2025, conducted by The Dais at Toronto Metropolitan University, found that marginalized Canadians, including recent immigrants, people with disabilities, and 2SLGBTQ+ individuals, experience hate speech 50% to 100% more often than those who don’t identify with these groups.

Online hate speech regulation in Canada is at a critical turning point, amid a contentious policy debate. The aim is not just to remove illegal content, but also to reduce exposure to hate and other harmful material in order to create a safer online space. Bill C-9, the Combating Hate Act, passed the House of Commons in March 2026, aiming to strengthen criminal penalties for hate-motivated crimes by proposing new offences.

Although regulation is urgently required, this moment is significant because it sits at the intersection of two fundamental democratic values that must be carefully balanced: 1) protecting individuals and communities from harm, and 2) safeguarding our Charter right to freedom of expression from disproportionate censorship. For readers, this issue goes beyond law or politics; it shapes online safety, the boundaries of public discourse, and how social media platforms are held accountable.

In Saskatchewan (Human Rights Commission) v Whatcott, the Supreme Court of Canada clarified that:

“… the legislative term “hatred” or “hatred or contempt” is to be interpreted as being restricted to extreme manifestations of the emotion described by the words “detestation” and “vilification”. This filters out expression which, while repugnant and offensive, does not incite the level of abhorrence, delegitimization and rejection that risks causing discrimination or other harmful effects.”

For years, Canada has debated how to regulate harmful online content. While criminal laws exist targeting public speech that actively and intentionally promotes hatred or violence against identifiable groups, existing frameworks struggle to keep pace with the scale of harm on modern social media platforms.

The federal government attempted to address the issue of online hate with Bill C-36, introduced in June 2021, which aimed to hold social media platforms accountable and expand tools to combat hate speech by amending the Criminal Code and the Canadian Human Rights Act. Bill C-36 died due to the dissolution of Parliament for the 2021 federal election.

In early 2024, Bill C-63, the Online Harms Act based on the C-36 framework, was introduced. It also aimed to strengthen Canada’s approach to protecting people from online hate by holding social media platforms and individuals more accountable for harmful online content. It proposed major changes to the Criminal Code and Canadian Human Rights Act to better address hate speech and crimes, provide remedies for victims, and hold individuals accountable by targeting seven categories of harmful content.

Bill C-63 proposed creating a Digital Safety Commission of Canada to oversee platform compliance and enforce safety rules, along with a Digital Safety Ombudsperson to advocate for users affected by harmful online content. Critics argued the measures could disproportionately restrict free speech without effectively reducing hate, while experts warned of backlogs from an influx of complaints. Bill C-63 also died in early 2025 with the prorogation of Parliament, amid criticisms and lengthy debate; echoing calls from advocates, experts, and the public to address hate crimes and online harms separately.

Bill C-9 – Combating Hate Act

In December 2024, the government split the online harms legislation into two tracks: one focused on protecting children from online harms and exploitation, and the other aimed to amend the Canadian Human Rights Act and Criminal Code to deal with inciting violence, terrorism or engaging in hate speech.

Bill C-9 proposes the following amendments to the Criminal Code to create four new offences to better address hate-motivated crimes:

1. an intimidation offence that prohibits conduct that is intended to provoke a state of fear in another person to impede them from accessing religious or cultural institutions and other specified places;
2. an offence that prohibits the intentional obstruction of a person’s lawful access to such places;
3. a hate crime offence to more explicitly denounce hate-motivated crime;
4. an offence that prohibits wilfully promoting hatred against any identifiable group by displaying, in any public place, certain hate or terrorist symbols;

Bill C-9 would also codify a definition of “hatred”, clarifying the conduct covered by the new hate crime offence and existing propaganda offences, and promoting more consistent application of these offences in the criminal justice system.

Bill C-9 is seen as a necessary measure against rising antisemitism, Islamophobia, homophobia and transphobia, causing people to feel unsafe in their communities. Supporters argue that regulating social media platforms and strengthening enforcement is essential. Critics warn that overly restrictive measures could infringe on Canadians’ fundamental rights, particularly to the freedom of expression, and that including these issues as grounds for human rights complaints risks over-censorship and abuse of the complaint system.

On March 9, 2026, Members of Parliament voted to end debate on Bill C-9 and continue with its expedited consideration. The Canadian Civil Liberties Association has raised concerns about procedural issues arising from the government’s decision to fast-track Bill C-9, as the shortened time for debate, scrutiny, and amendment may compromise legislative quality, impact Canadians’ democratic rights and freedom of expression, and heighten the risk of poorly vetted criminal law provisions.

The government is revising Canada’s online harms laws and has reconvened the expert advisory group on online safety to guide the process. With the legal landscape still evolving, the best way to stay informed is to follow developments on Bill C-9 and related federal guidance.

Hate speech is regulated under the Criminal Code, with recent proposed amendments under Bill C-9 strengthening protections against hate-motivated acts, hate symbols, and obstruction of access to religious or cultural sites. With the growing use of online platforms, it is important to observe how laws evolve to address online hate and how that balance is reached while upholding freedom of expression. Countering hate aligns with Canada’s human rights obligations and vision of a multicultural society and associated responsibilities under the Canadian Bill of Rights (1960), the Charter (1982), and the Canadian Multiculturalism Act (1988). Hate remains a barrier to diversity, equity, and inclusion, making it a shared responsibility to confront hate and discrimination in our societies.

To read further on this topic, visit our reports page at: https://www.aclrc.com/reports/ and review our research report titled, Why do Canadians Need Legislation to Regulate Online Hate Speech, which discusses freedom of expression and hate speech in further detail, freedom of expression and hate crimes, policies of online platforms on hate speech, Bill C-63 in further detail, provides insight into how other countries are tackling the issue, and lists ACLRC’s recommendations on how to address the issues of online hate speech.

Limitations:

The ACLRC is a non-partisan organization that conducts research and provides education on human rights and civil liberties issues in Alberta. Hate speech is a major social issue that several organizations are working to address, and this post aims to update readers using our research report findings and recent and upcoming developments on this issue.