Law professors warn Carney’s Bill C-9 could trigger politically motivated prosecutions

Experts tell Justice Committee the bill lowers safeguards against abuse and erodes free expression.

 

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Legal scholars Bruce Pardy and Ryan Alford warned MPs this week that Bill C-9, the Liberals’ latest hate-speech bill, would give prosecutors sweeping powers to target unpopular opinions.

Testifying before the House of Commons Justice Committee, Professor Bruce Pardy said that by lowering the threshold for what counts as hate speech and removing the requirement for attorney-general consent, “it opens the way for potential politically motivated prosecutions.”

Pardy said the proposed law would leave citizens uncertain about what speech is permitted:

“You will have a criminal provision that is completely uncertain in its meaning. The people who are out there on the street will have no conception about where the line is between things that are OK and things that are not. … If you have the political wherewithal, the means to direct certain outcomes … certain prosecutions … then of course that’s what you will do. And that is a poor way to construct the law.”

Pressed by Conservative MP Aaron Gunn on the government’s pattern of restricting expression through prior bills C-11, C-18 and C-63, Pardy said there appeared to be “a determination to make sure that the government is the one supervising people’s speech.”

He drew a sharp line between legitimate limits on violent threats and the broader curbs now being advanced:

“It’s perfectly adequate to limit speech by saying you cannot use speech to threaten violence. … But all of these legislative initiatives … including C-9 … are attempting to cross that threshold and say, even if violence is not involved, you’re still not allowed to say certain things because we don’t like it. That’s where you get into dangerous territory.”

Pardy added that unlike the United States, “Hate speech is not a thing in the U.S. because the courts have said that is protected speech. … Yet here the government is trying … everywhere … to limit how people talk.”

Gunn asked whether that could lead to Canadians being arrested for “edgy social-media posts” or political dissent, citing Liberal MPs who have accused figures such as Jordan Peterson and Charlie Kirk of “hate speech.”

“Potentially, yes,” Pardy replied. “You could see happening in Canada the kind of thing that has happened in the U.K., where the police are sent out on missions to crack down on people saying dangerous things online. That is not the situation you want in a country that claims to be free.”

Professor Ryan Alford warned the Supreme Court itself might not defend speech rights if C-9 is challenged. Referring to the Ward v. Quebec case that nearly penalized a comedian for offensive jokes, he said the narrow 5-4 decision was “extremely troubling.”

“I would really have strong fears that … the Supreme Court of Canada … would reevaluate that framework [and] balance freedom of speech against some other compelling objective,” Alford said, calling that prospect “fundamentally dangerous to democratic accountability and legitimacy.”

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Sheila Gunn Reid

Chief Reporter

Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.

COMMENTS

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  • Fran G
    commented 2025-11-01 13:29:36 -0400
    This is definately all intentional. We are talking about libs.
  • Bruce Atchison
    commented 2025-10-23 21:33:24 -0400
    I wouldn’t be surprised to learn that this was the intent of the bill. Leftists love making laws which they can use to prosecute and persecute their enemies.
  • Bernhard Jatzeck
    commented 2025-10-23 20:59:58 -0400
    Political trials and prosecutions aren’t new in this country. Look up what happened to Peter Treu in the late 1970s/early ’80s.