I'm reading it now. It's a bit hard for me to comment on the details. My colleague Jean‑François Gaudreault‑DesBiens can say a few words about that.
In our view, it is clear that the paragraph must be repealed for three reasons.
First, in a country like Canada, we find it very problematic to justify a demonstrable incitement to hatred based on a religious opinion. A privilege cannot be conferred on religious speech.
Second, an opinion on a religious subject is very vague from a legal standpoint. It can also open the door to all kinds of things, even inciting hatred in a liturgical context, during worship or prayer. I don't see how that can be justified in Canada.
Third, and most importantly, a public prosecutor who considers bringing charges under Section 319 of the Criminal Code already assumes a very heavy burden of proof. Speech that meets the criteria of “extreme detestation” is rare. That is because hate needs to be very rigorously demonstrated and based on case law. For a few years now, paragraph 319(3)(b) on religious texts seems to us to have had an additional chilling effect on the possibility of laying hate propaganda charges.
In our recommendation, we said that paragraph 319(3)(b) of the Criminal Code should be repealed and that elected officials who vote against the request should justify their opposition. They would have to state what their oppositions and fears are in this regard, but I would be very surprised.
I don't know what Jean-François Gaudreault-DesBiens thinks.