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Counselling, not glorification — hate overlay live

Canada

s.83.221 is counselling, not glorification. The live overlay is s.319 plus C-9 (in force 18 July 2026). C-34 is not law.

Independent-praise crime?
No glorification statute. s.83.221 is counselling.
Test
Live s.83.221: counsel another person to commit a terrorism offence without identifying a specific one. Hate overlay is s.319 plus C-9 (in force 18 July 2026): statutory ‘hatred’ and a symbols offence. C-34 is not law.
Who decides
Crown, with Attorney-General consent still required on the hate-propaganda symbols offence as amended.
Cost
s.83.221: 5 years. s.319(2): 2 years on indictment. C-9 symbols ride the hate-propaganda scale.
Live statuteSupportedCanada

s.83.221 — counselling a terrorism offence

Criminal Code

Target
Counselling another person to commit a terrorism offence without identifying a specific terrorism offence
Test
Counselling, not advocating, not a listed-speech offence. The 2015 C-51 ‘advocates or promotes terrorism offences in general’ text was replaced. Live text (current to 21 June 2026, last amended 15 June 2026) is counselling.
Max
5 years (indictable)
Every person who counsels another person to commit a terrorism offence without identifying a specific terrorism offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

Criminal Code, R.S.C. 1985, c. C-46, s.83.221(1), Justice Laws website, current to 2026-06-21.

Cite · Criminal Code s.83.221 · as of 2026-09-05

Canada’s live tool is counselling, not a listed-speech offence. Israel §24 is a quoted example of the other form, not the product identity. Counselling a person is closer to incitement than to independent public speech next to designation.

  • s.83.221 is counselling a terrorism offence without identifying a specific one. That is not a listed-speech offence.
  • Do not cite the repealed C-51 advocating text as if it were live.
  • An offence may be committed whether or not a terrorism offence is committed by the person counselled (s.83.221(2)).
Primary source
Live statuteSupportedCanadaHate umbrella

s.319 — hate propaganda

Criminal Code

Target
Public incitement of hatred (s.319(1)) and wilful promotion of hatred against an identifiable group (s.319(2))
Test
Identifiable group includes colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. Hatred, as of C-9, is defined in the Code.
Max
Hate-propaganda scale under s.319
Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.

Criminal Code s.319(2). Identifiable-group definition is s.318(4). The Combatting Hate Act (S.C. 2026, c. 15; former Bill C-9), in force 18 July 2026, added a statutory definition of hatred and a new s.319(2.2) symbols offence. C-9 is law.

Cite · Criminal Code s.319 · as of 2026-09-05

  • This is the overlay, not a listed-speech offence.
  • Attorney-General consent remains a gate on several of these offences.
Primary source
Live statuteSupportedCanadaHate umbrella

s.319(7) definition of hatred — in force 18 July 2026

Combatting Hate Act (S.C. 2026, c. 15; former Bill C-9)

Target
Hate-propaganda and hate-crime provisions that use the word hatred
Test
Statutory definition, drawn from Supreme Court jurisprudence: intense and extreme emotion clearly associated with vilification and detestation.
Max
Definition — not a standalone offence
hatred means an emotion of an intense and extreme nature that is clearly associated with vilification and detestation;

Bill C-9, Royal Assent 18 June 2026 (S.C. 2026, c. 15), in force 18 July 2026; Justice Canada backgrounder and enacted text adding the definition to s.319(7). C-9 is law.

Cite · Criminal Code s.319(7) ‘hatred’, as added by the Combatting Hate Act, S.C. 2026, c. 15 · as of 2026-09-05

When a working definition is written into the Code, the import finished. Until then, it is not a statute.

  • A completed definition-import. Contrast IHRA, which remains a working definition in the US.
  • Official Justice Canada framing of C-9 named antisemitism, Islamophobia, homophobia, and transphobia together. Bundling is Supported as official speech. Legal identity of those stickers is false.
  • C-9 is law (Royal Assent 18 June 2026; in force 18 July 2026; S.C. 2026, c. 15). Do not speak it as a pending bill.
Primary source
Live statuteSupportedCanadaHate umbrella

s.319(2.2) — wilful promotion of hatred by displaying terrorism or hate symbols

Combatting Hate Act (S.C. 2026, c. 15; former Bill C-9)

Target
Public display of (a) a symbol principally used by or associated with a listed terrorist entity, (b) the Nazi Hakenkreuz, Nazi double Sig-Rune (SS bolts), or a noose, or (c) a close resemblance, where the display wilfully promotes hatred against an identifiable group
Test
Wilful promotion of hatred, not mere display. Educational, artistic, and journalistic purposes are carved out on the official backgrounder. Attorney-General consent was retained.
Max
Hate-propaganda scale under s.319
Everyone commits an offence who wilfully promotes hatred against any identifiable group by displaying, in any public place, (a) a symbol that is principally used by, or principally associated with, a listed entity, as defined in subsection 83.01(1); (b) the Nazi Hakenkreuz, the Nazi double Sig-Rune, also known as the SS bolts, or a noose; or (c) a symbol that so nearly resembles a symbol described in paragraph (a) or (b) that it is likely to be a symbol described in paragraph (a) or (b).

Bill C-9 as assented 18 June 2026 (S.C. 2026, c. 15), adding s.319(2.2). In force 18 July 2026. C-9 is law.

Cite · Criminal Code s.319(2.2), Combatting Hate Act, S.C. 2026, c. 15 · as of 2026-09-05

  • Listed-entity symbols are the designation master switch riding a hate overlay.
  • This is a hate overlay riding designation. The United States and Israel are quoted examples of other forms, not the product identity. It is not a listed-speech offence on either of those models.
Primary source
Proposed — not lawSupportedCanadaDisinformation / online harm

first reading 10 June 2026; at second reading with no second-reading activity as of 2026-09-05

Bill C-34, Safe Social Media Act

Target
Operators of social media, AI chatbot, and other prescribed online services
Test
Would enact a Digital Safety Act and a Digital Safety Commission. Replacement track for dead Bill C-63. Not law.
Max
n/a — not law
On June 10, 2026, the federal government introduced Bill C-34, An Act to enact the Digital Safety Act and the Digital Safety Commission of Canada Act … If Bill C-34 becomes law, it will enact two new statutes … introducing a framework that aims to improve online safety.

Counsel summary of first-reading status. Treat as not law in every sentence. Primary bill text: Parliament of Canada. LEGISinfo as of 2026-09-05: at second reading in the House of Commons; latest activity remains first reading 10 June 2026; no second-reading activity.

Cite · Bill C-34, 45th Parl., 1st sess., first reading 10 June 2026; at second reading with no second-reading activity as of 2026-09-05 — not law · as of 2026-09-05

  • Do not speak as if C-34 were law.
  • C-63, the Online Harms Act, died on the order paper. Do not revive it as live.
  • A Canadian digital-safety commission does not exist until C-34 or a successor is enacted. C-34 is not law.
Primary source

Radio

Radio Paradise