Feds expected to amend ‘online harms’ bill, source says

The Department of Justice has received ample warning that Bill C-63, An Act to enact the Online Harms Act, undermines freedom of speech in Canada.

Feds expected to amend ‘online harms’ bill, source says
The Canadian Press / Christinne Muschi and The Canadian Press / Adrian Wyld
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The federal Department of Justice is contemplating significant changes to its “online harms” legislation, hoping it becomes law before the next election. 

Bill C-63, An Act to enact the Online Harms Act, disguises ‘hate speech’ legislation as protections for Canadians accessing harmful content online. The Trudeau government completed the First Reading on February 26.

On the condition of anonymity, a senior government official told The Globe and Mail that Justice Minister Arif Virani consulted legal experts and freedom-oriented groups who warned it contravenes freedom of speech.

Conservative Leader Pierre Poilievre reiterated that Prime Minister Justin Trudeau considers any “speech he hates” as ‘hate speech.’ Among the examples cited are COVID pandemic critics and parental rights advocates.

The bill includes life imprisonment for promoting genocide, and sentences of up to five years in prison for other hate propaganda offences. Other penalties for hate crimes include house arrest.

Chantalle Aubertin, a Justice spokesperson, told The Globe that “C-63 is a package.”

“It is deliberately designed to address the full range of challenges we face in addressing online harms,” she said. “That includes the hate that we see both online and in the real world.”

Despite the opposition, the Liberals hope the NDP will help pass the bill before the next election. However, NDP Leader Jagmeet Singh ripping up its supply and confidence agreement increases the likelihood of a snap election.

“With the NDP exiting its deal with the government, the path for Bill C-63 to make its way through the full legislative process is becoming increasingly challenging,” said Michael Geist, the University of Ottawa’s Canada Research Chair in Internet Law.

Briefing documents say the law will “better address and denounce hate propaganda” by proposing several amendments to the Criminal Code and the Canadian Human Rights Act and adding a definition of “hatred” to section 319 of the Criminal Code

Department officials, including Virani, quietly reviewed the “international best practices” on internet censorship last fall but did not provide examples then of legal content they would censor.

“We are working on it very, very diligently in terms of aspects that relate to the Criminal Code, and the Canadian Human Rights Act,” he said at the time. 

Then prime minister Stephen Harper removed Section 13 of the Canadian Human Rights Act on ‘hate speech’ and discrimination in 2013. Bill C-63 seeks to reinstate it and empower people to file complaints.

Victims could be compensated up to $20,000, with standalone hate crimes being added to the Criminal Code.

Cases under the Canadian Human Rights Act do not maintain the same burden of proof as in a court of law. 

Rachael Thomas, Conservative heritage critic, told The Globe it “has received significant criticism from concerned Canadians and raised alarm amongst legal experts and civil rights advocates.”

“This broad opposition to Trudeau’s omnibus censorship bill has only grown since it was first tabled,” she wrote.

The Canadian Civil Liberties Association said the new Criminal Code measures, and those under the Human Rights Act, need to be scrutinized separately.

Aubertin acknowledged the government may contemplate amendments to “expeditiously” pass the bill.

The source said Minister Virani's office will eventually table amendments to strike out several changes to the Criminal Code. There remains broad support from all federal parties to protect vulnerable Canadians from accessing harmful content online, particularly minors.

Cabinet in June 2021 introduced Bill C-36, An Act To Amend The Criminal Code, that proposed $70,000 fines for legal content deemed “likely to foment detestation or vilification.” Among the categories of harm identified by Parliament then included ‘hate speech’.

Nearly 10,000 groups and individuals petitioned Heritage Canada with the majority opposed to the legislation. Critics, including lawyers and free speech advocates, claim it would quash political dissent.

Bill C-36 died on the order paper when Prime Minister Justin Trudeau called a snap election that August. He pledged new legislation within 100 days of his new mandate, but that promise fell through.

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