Signs, Flags, and Misdemeanors

Jess, Leah, and guest Michael (Mike) Nesbitt unpack Canada’s proposed Combating Hate Act: what it actually does, why it’s being introduced, and where it may overreach. They break down the bill’s key moves—creating a stand-alone hate-motivated offense, criminalizing intimidation or obstruction outside religious, cultural, educational and similar spaces, banning public display of certain terrorist/hate symbols, and codifying a definition of “hatred”—and test each against Charter limits, policing capacity, and real-world edge cases. The conversation probes whether gaps in law truly exist or if the problem is resourcing and trust, the risks of politicized terrorist listings spilling into speech offenses, and how ambiguous symbols/memes complicate enforcement. They also flag constitutional soft spots (e.g., obstruction without intent to cause fear), tensions between denunciation and Canada’s anti-carceral rhetoric, and the need for equitable application across communities most targeted by hate. It’s a clear-eyed guide to where protest becomes crime—and how Parliament should sharpen the bill before it passes.