🍁 civid v1

Status

• Bill C-254 was introduced for first reading on October 31, 2025. It proposes amendments to the Criminal Code.

Criminal Code amendment

• Creates an offence for anyone who, through statements communicated other than in private conversation, wilfully promotes hatred against Indigenous peoples by condoning, denying, downplaying or justifying Canada’s Indian residential school system, or misrepresenting facts about it.
• Defines “Indigenous peoples” by reference to the definition of “aboriginal peoples of Canada” in the Constitution Act, 1982.
• The offence may be prosecuted by indictment, with a maximum penalty of two years’ imprisonment, or by summary conviction.
• Provides defences where:
  • the person establishes that the statements were true;
  • the person expressed or attempted to establish, in good faith, an opinion on a religious subject or based on a religious text;
  • the statements concerned a subject of public interest, discussion was for the public benefit, and the person reasonably believed them to be true; or
  • the person intended in good faith to identify matters producing or tending to produce hatred toward Indigenous peoples, for their removal.
• Requires the Attorney General’s consent before proceedings for the new offence can be instituted.
• Allows a judge, upon conviction, to order forfeiture of anything used to commit or connected with the offence. It also applies existing provisions concerning the exemption of communication facilities from seizure.

Coordinating amendment

• If Bill C-9, the Combatting Hate Act, receives royal assent, the bill coordinates the forfeiture, communication-facility and Attorney General consent provisions to include an additional Criminal Code subsection referenced in Bill C-9. This takes effect on the first day the specified provisions of both Acts are in force.