The Canadian Civil Liberties Association is warning that Ottawa’s plan to criminalize public displays of the swastika and other extremist symbols goes too far, calling it a dangerous expansion of federal power that could target peaceful protestors.In a submission to the Commons justice committee, the group said the proposed law “significantly expands criminal law” and risks being used in ways that chill free expression. “Criminal law is not the solution to every social challenge,” the Association told MPs, warning the ban “paves the way to misguided and arbitrary enforcement that risks stigmatizing and criminalizing peaceful protestors.”Blacklock's Reporter says Bill C-9, An Act To Amend The Criminal Code, would make it a crime to publicly display symbols “principally used by or principally associated” with any group on Canada’s terrorist list, such as the swastika or the Hamas flag. Violators could face up to two years in jail. The legislation includes exemptions for journalism, education, religion or art, provided the use is “not contrary to the public interest.”.The association said the bill’s connection to the federal list of terrorist entities is especially troubling, since cabinet can add or remove groups at will. “One of the major flaws of the new provision is that it links most of the designated symbols to Canada’s terrorist listing regime,” the submission said. “The decision-making process is political and lacks transparency. It grants limited procedural safeguards.”Grounding speech-related offences in such a system, the group warned, could criminalize “flags or emblems associated with liberation movements” even when used in peaceful political expression rather than hate promotion..Jewish organizations, including B’nai Brith Canada, have pushed for the legislation following repeated appearances of Nazi symbols at anti-Semitic protests. Richard Marceau, vice-president of the Centre for Israel and Jewish Affairs, told MPs in 2022 that the sight of a swastika flag during the Freedom Convoy was horrifying. “When I see a person wave a swastika, what I understand is that person wants me dead,” he said.A previous attempt to pass a similar law, the NDP’s Bill C-229, died in the last Parliament. Existing Criminal Code provisions already prohibit promoting genocide or inciting hatred against identifiable groups.
