Could a Conservative government persecute Canadians for holding the Palestine flag?
Conservative MP Andrew Lawton speaks during a Canadian Parliament committee hearing on October 9, 2025. Source: ParlVu
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Written by: Aidan Jonah
This month, a Conservative MP dropped an eye-catching hint that a future Conservative government could persecute Canadians for holding a Palestine flag, if Bill C-9 was passed under the Liberals. This comes as the Liberal minority government will imminently table a budget, which if voted down, would trigger a Canadian federal election before Summer 2026.
In the Standing Committee on Justice and Human Rights, a study on Bill C-9 - the Combatting Hate Act - Conservative MP Andrew Lawton showed his cards, asking about the Palestine flag in the vein of terrorist symbols being prosecuted under Bill C-9. Lawton even went on to seek an opinion, from a witness, on the specific circumstances that would allow for a prosecution under the proposed law.
While Canada has no such legislation for a Conservative government to take on Lawton’s desired plan, there is a path to persecuting Canadians for waving the Palestine flag within Bill C-9.
Who speaks in the committee?
On October 9, 2025, the Canadian Parliament’s Standing Committee on Justice and Human Rights met to begin its study of Bill C-9.
The committee, containing a mixture of Liberal, Conservative and Bloc Québécois MPs - since the NDP didn’t win enough sets in the Parliament to keep their ‘recognized party’ status - had invited a number of Department of Justice staffers, plus the justice minister, to kick off the study. But it was not the individuals who testified who caught this author’s eye.
Enter stage-left, Conservative MP Andrew Lawton. Lawton is a first-term MP, elected to represent the Elgin—St. Thomas—London South riding this April, after writing a book lauding Conservative leader Pierre Poilievre. Lawton is a Zionist.
In May 2018, Lawton declared his love for Israel [Archived]:
“Love Israel. Have been twice--helps to keep the bit of Hebrew I know fresh. :)”
In May 2021, Lawton responded to two UCP MLAs “implying Israel is violating Palestinian human rights” by asking “both if they also condemned Hamas”. That November, Lawton referred to Israel’s ongoing genocide against Palestine as “the Israel-Gaza conflict”.
In November 2023, Lawton denied Palestine’s existence [Archived]:
“It's not a ‘charged claim’ to say Palestine doesn't exist when it factually doesn't. It would be charged to say that it does.”
In August 2024, Lawton claimed “Jews are indigenous to Israel.” Insulting those who disagreed, Lawton continued: “Anyone who calls them ‘settlers’ is an antisemite or an idiot (or both).
Lawton has taken his love for Israel and disdain for Palestine into Canada’s parliament.
Lawton’s comments and a secondary path to persecution
“Whose free speech am I taking away? I can call someone an idiot and they are free to continue being idiots. That is the very embodiment of free speech.” [Live/Archived]
Conservative MP, Andrew Lawton (October 23, 2023)
During the committee hearing on October 9, 2025, Lawton popped up with a question to Owen Ripley, a Senior Assistant Deputy Minister with the Department of Justice.
After referring to Palestinian Authority (PA) as a sponsor of terrorism, and therefore the State of Palestine which it governs, as “a state sponsor of terrorism”, Lawton asked Ripley:
“Could someone be charged under [Bill] C-9 for waving a Palestinian flag under the symbols ban? (17:08:17 - 17:08:50)”
In reply, Ripley said, “what would be necessary is to show it is a listed terrorist entity… the symbol in question would have to be associated with that terrorist entity… the flag of Palestine for example though is not a symbol that would be likely to meet that threshold. (17:08:53 - 17:09:37)”
The State of Palestine, which is governed by the PA, isn’t governed by a listed “terrorist entity”.
Therefore Lawton escalated: “Not likely, but it could, for example, if the government designated it a State Sponsor of Terrorism”.
With the Conservatives in opposition, in most parliaments, this would be a moot point from a lone MP.
However, the Liberal government is only a minority, and the budget will imminently be voted upon. An entirely new federal election could easily see the Conservatives come into power.
Section 319(2.2)(a) of Bill C-9 would make displaying “a symbol that is principally used by, or principally associated with, a listed entity, as defined in subsection 83.01(1)” an offense that could land a Canadian in jail for up to two years.
Subsection 83.01(1) of Canada’s Criminal Code says a listed entity means “an entity on a list established by the Governor in Council under section 83.05.” Section 83.05 refers to the list of “Terrorist Entities” maintained by the Canadian government. Canada does have a ‘List of Foreign State Supporters of Terrorism’, but it is not referred to within Bill C-9.
Yet, there would be a far less burdensome strategy open to the Conservatives thanks to Bill C-9 becoming law.
An alternate strategy for Lawton and a future Conservative government?
The Palestinian Authority is governed by Fatah and the Palestinian Liberation Organization (PLO) is led by Fatah. The Palestinian flag was chosen by the PLO in 1964.
And now the planned trick becomes clearer: A Conservative government in Canada could - while being led by a proud Zionist, Pierre Poilievre - list Fatah as a “terrorist entity”. Then, on the grounds that the PLO produced the present-day Palestine flag and the PLO’s dominant faction is Fatah, police would then have the capability to charge Canadians waving the Palestinian flag under Section 319(2.2) (a) of the updated Criminal Code.
Why could police easily do this? Because the Liberal government pushed Bill C-9 would “repeal the requirement that the Attorney General consent to the institution of proceedings for hate propaganda offences”. And what is the new standard for ‘hatred’?
“hatred means the emotion that involves detestation or vilification and that is stronger than disdain or dislike;”
Under this scenario, police would become capable of charging Canadians waving the Palestinian flag under the grounds that Fatah controls the PLO which created the Palestinian flag - making it a symbol ‘principally used by, or principally associated with’ a “terrorist entity” - which police could claim was waved to promote ‘detestation or vilification’ of Israel.
This is not to say every police department in Canada would do this - in a Canada where Bill C-9 becomes law - but rather to say that every police department in Canada would be capable of charging Canadians for waving the Palestinian flag, if a future Conservative government listed Fatah as a terrorist organization.
Bill C-9 is already dangerous under the Liberal government led by PM Mark Carney. But even worse, this bill, if it becomes law, opens the door to - under a future Conservative government - nationwide repression of even the most liberal opposition to Israel’s genocide against Palestine.
Aidan Jonah is the Editor-in-Chief of The Canada Files, an independent news outlet covering Canadian foreign policy with a strong focus on Canada-China relations. Jonah wrote a report for the 48th session of the UN Human Rights Council, held in September 2021.
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