Bill C-254 Promotion of Hatred Against Indigenous Peoples
C-254 An Act to Amend the Criminal Code (Promotion of Hatred Against Indigenous Peoples)
Bill Type: Private Member’s Bill
Bill Sponsor: Leah Gazan (Winnipeg Centre)
Status: Introduced — October 31, 2025. This Bill hasn't passed yet.
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WHO GAINS POWER
- Indigenous peoples gain a specific Criminal Code protection against public statements that condone, deny, downplay or justify the Indian residential school system
- The Attorney General gains sole authority to consent to or block any prosecution under this section — no prosecution can proceed without that approval
- Courts gain authority to order forfeiture of anything used to commit the offence
WHO LOSES POWER
- Anyone who publicly condones, denies, downplays or justifies the residential school system faces criminal liability — up to two years imprisonment
- Commentators, academics, religious figures and media who discuss residential schools publicly face potential exposure depending on how "downplaying" and "misrepresenting facts" are interpreted
WHO GAINS MONEY
- Nothing in this Bill allocates funding
WHO LOSES MONEY
- Nothing in this Bill allocates or removes funding
THE CATCH
- ⚠️ "Downplaying" and "misrepresenting facts" are not defined — the Bill does not specify what level of minimization crosses into criminal territory, leaving interpretation to prosecutors and courts
- ⚠️ The Attorney General controls every prosecution — no case can proceed without consent, which means enforcement is entirely at the discretion of whoever holds that office
- ⚠️ Four defences are available but narrowly framed — truth, religious opinion, public interest and good faith intent to reduce hatred. Academic debate and historical disagreement may or may not qualify depending on how courts interpret "public benefit" and "reasonable grounds"
- ⚠️ "Private conversation" is exempt — the offence only applies to public statements. The line between private and public communication online is not defined
- ⚠️ Coordinating amendment ties this Bill to Bill C-9 — if the Combatting Hate Act passes first, this Bill's provisions are automatically integrated into that framework, meaning the two Bills are legislatively linked without a separate vote on the combined effect