By Pierre Gilbert
In the 2002 futuristic movie, “Minority Report,” viewers are introduced to a ground-breaking technology that allows law enforcement to preview a crime before it is committed. Then this determination becomes the basis for the arrest and the sentencing of the “pre-crime” perpetrator.
In a case of life imitating art, on February 26, the Canadian government tabled legislation containing provisions that are eerily like the plot imagined in Tom Cruise’s blockbuster.
The proposed legislation should be of great concern to churches and pastors who may face unprecedented legal exposure if it is passed.
Bill C-63, the Online Harms Act, seeks to “promote online safety.” The Act endeavours, in part, to protect children from online sexual exploitation and requires the mandatory reporting of online child pornography by internet providers. So far, so good.
But the proverbial devil is lurking in the details of the provisions pertaining to online hate speech, which are simply breathtaking.
The Act represents what many consider to be the most dangerous assault on free speech this country has ever seen, prompting Canadian novelist, Margaret Atwood, to refer to the proposed legislation as “Orwellian.”
This bill would not only have a glacial effect on free speech, but it would also trigger an open season on religious organizations that do not align with mainstream dogma.
Here are some of the reasons behind this apocalyptic assessment of this piece of legislation.
The bill defines hate speech as speech that “is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination.”
This definition is so vague, ambiguous, and far reaching that it could apply to any opinion that diverges from the government-sanctioned media narrative.
The responsibility of judging complaints would be lodged with the Human Rights Commission. This fact alone is deeply worrisome, as the threshold for deciding guilt is much lower in the Human Rights Tribunal than in a criminal court, where a person must be found guilty beyond a reasonable doubt.
Plaintiffs could file their complaints anonymously without incurring any legal costs. Defendants, on the other hand, would be bound to retain legal counsel at considerable expense to them.
Should they win their case, the plaintiffs stand to be awarded up to $20,000. The defendants could be imposed an additional fine of up to $50,000. Should a legal violation be considered to have been motivated by hate, the defendants could also face life imprisonment!
The incontrovertible proof that Bill C-63 is not about protecting children but strangling free speech resides in what is now ironically referred to as the “Minority Report” provision.
As unhinged as it sounds, the legislation states that if a member of the public has grounds to believe that someone is likely to engage in hateful speech, that person can appeal to a provincial judge who may then subject the defendant to house arrest and other restrictions.
Human nature being what it is, there is no telling the number of people who will be incentivized to file complaints knowing they have much to gain and nothing to lose.
Conservative churches would become instant targets in the tsunami of human rights violation initiatives that the proposed legislation would trigger.
In response, churches may decide to play it safe by restricting their services to in-person participation or by self-censuring.
While either choice would no doubt be welcome by a government that wants to silence those who hold “unacceptable views,” to quote Prime Minister Justin Trudeau, such restrictions would no doubt prove to be detrimental to the churches and the common good.
The proposed legislation is not about protecting children. It’s about unleashing the mob against those who would oppose an agenda that is already proving to be an existential threat to liberal society.
Bill C-63 is currently at the nexus of the fight to preserve our most fundamental freedoms, Canadian democracy, and the well-being of future generations.
Churches have a window of opportunity to voice their opposition to this appalling piece of legislation.
What can be done?
First, be informed. Videos posted by the Canadian Constitution Foundation are a great place to start.
Second, promote congregational awareness. Church leaders can no longer pretend that such issues are beyond the scope of their pulpit. To denounce injustice is indeed part and parcel of the church’s prophetic mandate.
Third, church members should contact their member of parliament to express their opposition to Bill C-63.
Canadian churches have historically chosen to remain on the far edges of the culture war currently raging in the Western world. But if Bill C-63 receives royal assent, these same churches may soon unwittingly find themselves in the middle of the very battlefield they so vigorously sought to avoid.
Pierre Gilbert is Associate Professor Emeritus at Canadian Mennonite University.
