Defeat Bill C-9: Defend the right to protest and strike!
As we anticipate a year of heightened struggle and increased labour militancy, the Communist Party of Canada voices its strong opposition to the Liberal Bill C-9 (the so-called “Combatting Hate Act”) and all such anti-protest legislation, in both spirit and letter. This represents a direct assault on fundamental democratic rights and is not, in fact, designed to address the very real rise of hate.
Deceptively portrayed by MPs as an attempt to ensure public safety, this legislation would create new criminal offences around vaguely defined “intimidation” that would effectively constrain public gatherings outside of cultural spaces, including administrative, social, or sports facilities; educational institutions; and seniors’ residences. This effective criminalization of protest would prohibit gathering across large areas of every city in Canada, including many seats of government. It would limit the right of workers to take action at their own places of employment, and could even restrict the ability of Indigenous peoples to practice public ceremonies such as the Round Dance on their own lands.
Bill C-9 and related proposals to restrict access to public space are a clear legal complement to policies of brutal austerity and ruling class war; of imperialist aggression abroad and colonial incursion at home. As declining standards of living and a rising cost of living prompt militant action by labour, Canada has seen a greater number of work stoppages and strikes since 2023 than in decades preceding. In response, the Liberals have invoked Section 107 of the Canada Labour Code, which grants the Minister of Jobs unilateral power to intervene on behalf of “industrial peace,” eight times since 2024. Clearly the Liberal government would prefer a one-size-fits-all legal fix to the threat of an active labour movement, and anti-democratic legislation such as Bill C-9 is part of this active clampdown. Although labour is not mentioned in justifications of the Bill, it has been cited in similar proposals at the city level. During debate for a similar “bubble-zone” by-law in February 2024, Toronto City Councillor James Pasternak stated his desire to restrict trade unions’ ability to negotiate and “take the street” as part of his motivation for his hardened support of the by-law.
In spite of its clear threat to workers undertaking legal strikes and job actions, the authors of Bill C-9 likely have other targets in mind. Since October 2023, tens of thousands of people in cities across Canada have marched in solidarity with the Palestinian people. These protests have transformed public opinion and foreign policy, in that order—and the movement for a free Palestine is far from finished. One of the most cynical tools wielded against these peaceful assemblies has been the spurious accusation of antisemitism by pro-Zionist politicians, and the consequent demands for “bubble zone” protection around religiously affiliated and cultural spaces. This was the pretence under which Liberal Minister of Justice Sean Fraser introduced Bill C-9, which closely corresponds to municipal anti-protest bylaws across the country.
This is wholly unnecessary. Not only are there no serious incidents of violence associated with any Palestine protests, but section 319 of Canada’s Criminal Code already names public or wilful incitement of hatred or antisemitism as indictable offences. At best, this bill is redundant given existing protections. At worst, and were it to pass as intended, it creates new criminal offences corresponding to the vague criteria of “intimidation” and of gathering in proximity to religious, cultural and other specified places.
Bill C-9 has been opposed by the Canadian Labour Congress as a direct attack on Charter Rights and Freedoms, including the right to freedom of expression and assembly, and an open letter of concern by the Canadian Civil Liberties Association includes dozens of signatories. As it stands, the whole of labour and progressive social movements are united in their opposition to this anti-popular legislation. Among its supporters, one finds the Centre for Israel and Jewish Affairs, and B’nai Brith.
But Bill C-9 faces unexpected opposition from the right as well, where a motley crew of libertarians, reactionaries, and religious fundamentalists see themselves within its sights. Many of these elements recall the Government of Canada’s 2022 invocation of the Emergencies Act against the Freedom Convoy, which a Federal Court of Appeal has confirmed violated the Canadian Charter of Rights and Freedoms. The Communist Party of Canada opposed this measure then, and stands by this evaluation now—without endorsing the unsorted discontent so easily exploited by the ultra-right amid a public health emergency. The attitude of these self-interested actors to the Liberal bill may allude to splits within a ruling class consensus on the management of the crisis, but this mustn’t distract from the legislation’s intent.
Clearly, the Liberals have overplayed their hand, as Bill C-9 appears more controversial than anticipated. But such attacks cannot be walked back without proper opposition. Any amended version of this bill must fail, given its initial provocations against Palestinian solidarity, and its foreseeable use against Indigenous land defence and organized labour are clear.
If the government truly wished to combat hate, it would take meaningful action. It would ensure that Residential School denialism is explicitly included under anti-hate speech laws. It would enforce existing hate speech laws and prosecute white supremacist and neo-fascist organizations as criminal organizations. It would stop blaming immigrants for the housing crisis and instead raise wages and living standards, confronting the root causes of scapegoating created by capitalism’s offensive.
The Communist Party of Canada calls for a popular defeat of Bill C-9, as well as any version of this anti-protest legislation that infringes on freedom of expression and of peaceful assembly, as well as the constitutionally protected right to strike.
Central Committee, Communist Party of Canada