Canada鈥檚 special envoy for combating antisemitism is 鈥渧ery interested鈥� in exploring the idea of removing religion as a possible defence against hate speech charges, she said Thursday, raising concern about creating a possible chill on religious expression.

Deborah Lyons, whose title also includes preserving Holocaust remembrance, made the comment before a parliamentary committee that is studying antisemitism on university campuses.

鈥淚 am very interested in exploring (it) as an option because I think, frankly, we are seeing it used in this country and in other places as a defence that frankly does not stand the ground in these very difficult times,鈥� she testified Thursday.

Still, Lyons said she is not ready to offer a final opinion on the matter, and is still discussing it with Justice Department officials.

Jewish leaders, students and faculty have for months been voicing concerns over an increase in hate speech and violence since the beginning of the Israel-Hamas war last fall.

Lyons said she believes universities鈥� equity, diversity and inclusion strategies are 鈥渇ailing Jews in this country鈥� because they don鈥檛 make much mention of antisemitism specifically.

Her office is working to develop better training to counter anti-Jewish discrimination, which she hopes institutions, including governments, will use.

Members of Parliament also asked Lyons about the role police and prosecutors play in laying hate speech related charges, and whether Criminal Code changes are needed.

They pointed to a recent decision by Quebec prosecutors not to charge Montreal imam Adil Charkaoui over comments said during a prayer 鈥� a scenario Lyons says she is discussing with the government.

The comments were delivered at a pro-Palestinian demonstration in Montreal, and led to a complaint alleging threats and incitement of violence, which was investigated by the RCMP.

Leading a prayer in Arabic, Charkaoui had called on God to 鈥渢ake care of aggressor Zionists,鈥� adding 鈥淥 God, don鈥檛 leave any of them.鈥�

Last week the province鈥檚 director of public prosecutions announced that a committee of three Crown attorneys found the evidence insufficient to prove beyond a reasonable doubt that the words amounted to an incitement of hatred toward an identifiable group, as defined in the Criminal Code.

Using the case as an example, Bloc Qu茅b茅cois MP Rh茅al Fortin asked Lyons whether she supports his party鈥檚 proposal to eliminate a section of the Criminal Code that allows the use of religious beliefs or a religious text as a defence against the promotion of hatred and antisemitism.

The Criminal Code states that people shouldn鈥檛 be convicted of the willful promotion of hatred or antisemitism 鈥� defined as downplaying or denying the Holocaust 鈥� if, 鈥渋n good faith,鈥� they expressed an opinion 鈥渙n a religious subject鈥� or 鈥渂ased on a belief in a religious text.鈥�

Fortin says his party wants to ban 鈥渆xceptions鈥� to hate speech based on religion.

鈥淐ertainly I think that it鈥檚 something we鈥檝e got to continue to examine,鈥� Lyons said.

Justice Minister Arif Virani鈥檚 office did not immediately respond to a request for comment.

He is already seeking to increase the punishments for existing hate-related offences 鈥� including increasing the maximum consequence for advocating genocide to life imprisonment 鈥� in the Liberals鈥� legislation against online harms, tabled back in February.

The stiffer criminal justice reforms have fallen under harsh scrutiny from critics, including civil liberty advocacy groups, who say it could stifle free speech. Justice officials say criminal charges would only be laid in the most extreme examples.

Removing religion as a possible defence to a hate speech charge would likely be welcomed by those who oppose religion, but would create 鈥済enuine fear鈥� for those who have deeply held religious beliefs about what they could say in the public square, said Rev. Dr. Andrew Bennett, who works at the public policy think tank Cardus.

鈥淥ften, religious people privatize their faith because they鈥檙e afraid that if I speak about what I believe, in good faith, in the public square, I鈥檓 going to be cancelled, or I鈥檓 going to be shut down,鈥� said Bennett, Cardus鈥檚 faith communities program director.

He says if a 鈥渃hill鈥� is placed on religious expression it risks marginalizing a sizable part of the population, including many new Canadians for whom 鈥渞eligion is not just some sort of cultural relic鈥� but 鈥渋nforms all aspects of society.鈥�

鈥淚n many cases, they鈥檝e come here because of the religious freedom we enjoy, and so to then say to those new Canadians in particular, 鈥極h, by the way, you can鈥檛 speak about your religion publicly for fear of being censured,鈥� I think that鈥檚 a very bad message to send.鈥�

Bennett said the debate raises questions of how hate is defined and what makes a hateful view 鈥渄ifferent from a peacefully-held opinion that someone might profoundly disagree with?鈥�

In the case of Charkaoui鈥檚 comments, Marco Mendicino, a Liberal MP, said he found the call by Quebec鈥檚 Crown not to press charges against the imam 鈥渋ncomprehensible and deeply problematic.鈥�

Charkaoui鈥檚 comments were 鈥減erhaps one of the most egregious offences that I have seen鈥� he told Thursday鈥檚 committee.

Mendicino, a former prosecutor who previously served as public safety minister, also cited other examples of demonstrators chanting offensive language, including glorifying Hamas鈥檚 Oct. 7 attacks.

He believes 鈥淶ionists鈥� fit the Criminal Code鈥檚 definition of an identifiable group, which refers to 鈥渁ny section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.鈥�

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Stephanie Taylor, The Canadian Press