Bill C-9 calls for stronger hate crime laws

As Parliament debates Bill C-9, the federal government’s proposed Combatting Hate Act, Black community leaders are urging Canadians to look closely at what the legislation includes, and, just as importantly, what it leaves out.

In a formal submission to the Minister of Justice and Attorney General of Canada, Craig Wellington, CEO of the Black Opportunity Fund (BOF), has called on Ottawa to strengthen the bill by explicitly addressing anti-Black hate, which remains one of the most persistent and under-recognized forms of hatred in Canada.

Bill C-9 is intended to modernize the Criminal Code and provide stronger tools to combat hate crimes and hate symbols. While BOF acknowledges the government’s efforts, Wellington argues that the bill, as currently drafted, fails to fully reflect the lived realities of Black Canadians.

“Anti-Black hate continues to be under-reported, under-policed, and too often minimized,” Wellington notes. Many Black victims, he says, do not come forward because of long-standing mistrust in the justice system. Those who do report incidents are frequently met with skepticism or a lack of meaningful follow-up, further eroding confidence in institutions meant to protect them.

At the heart of BOF’s submission are two specific and urgent recommendations.

First, BOF is calling for the noose to be explicitly listed as a prohibited hate symbol under Bill C-9. While lynching by noose is often associated with the United States, Wellington stresses that the symbol’s meaning is universal. In Canada, the noose has been repeatedly used as a tool of racial intimidation aimed squarely at Black people.

Recent history makes this painfully clear. Between 2020 and 2021, nooses were discovered at multiple construction sites in Ontario, including at Michael Garron Hospital, along the Eglinton Crosstown LRT, and at high-rise projects in downtown Toronto and Regent Park. These incidents sparked widespread outrage, rallies, and condemnation from elected officials, and contributed to the formation of the African Canadian Contractors’ Association, now a partner of BOF.

The pattern has continued across the country. In Nova Scotia, teenagers were charged in 2023 after allegedly waving a noose at a Black family. In Ontario, a 13-year-old Black girl endured a series of escalating hate incidents that began with a drawing of a noose placed in her backpack. In Alberta, a white surgeon was disciplined after taping a noose to an operating room door to intimidate a Black colleague.

“These are not isolated acts or historical relics,” Wellington emphasizes. “They are part of a continuing pattern of racial terror.”

BOF’s second recommendation is the formal designation of the Ku Klux Klan as a terrorist organization under the Criminal Code. The KKK’s long history of violence, including lynchings, bombings, and intimidation, aligns squarely with Canada’s legal definition of terrorism, Wellington argues.

While often perceived as an American phenomenon, the KKK has a documented history in Canada dating back to the 1920s, including cross burnings and campaigns of intimidation. Even today, splinter groups and sympathizers continue to surface, sometimes aligning with broader neo-Nazi and far-right extremist movements. Incidents in recent years, from recruitment activity in Halifax to individuals wearing KKK costumes in Nova Scotia, underscore that the threat has not disappeared.

BOF notes that these concerns are not new. Black-led organizations, including those involved in shaping Canada’s Black Justice Strategy, have repeatedly raised the need for these exact amendments. Within BOF itself, the National Justice Working Group has carefully reviewed the issue and has reached a clear consensus: meaningful protection requires explicit recognition of the symbols and organizations that have historically targeted Black communities.

For Wellington, the stakes go beyond legislative wording. “This is about whether the justice system reflects lived experience,” he says. “When the law names the harm clearly, it sends a message that Black lives, safety, and dignity are taken seriously.”

As Bill C-9 moves through Parliament, BOF is urging community members, allies, and policymakers alike to speak up. Strengthening the bill, Wellington argues, would not only address anti-Black hate more effectively but also reinforce public trust that Canada’s commitment to combating hate truly applies to all.

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