National
Online Harms Act threatens free expression in Canada

News release from the Justice Centre for Constitutional Freedoms
This repudiates centuries of legal tradition that rightly reserved punishment for what a person had done, not for what a person might do. Under this new provision, a complainant can assert to a provincial court that they “fear” that someone will promote genocide, hate or antisemitism.
On February 26, Minister of Justice and Attorney General of Canada Arif Virani introduced Bill C-63, the Online Harms Act, in the House of Commons. The Online Harms Act is presented by the government as a means to promote the online safety of persons in Canada and reduce harmful content online. The Online Harms Act would impose severe penalties for online and offline hate speech, including life imprisonment, which is the most severe criminal punishment in Canada. This new legislation would establish a new Digital Safety Commission with power to enforce new regulations created by the federal cabinet. The Canadian Human Rights Commission would acquire new powers to prosecute and punish non-criminal hate speech.
Good intentions should be applauded
Although the Online Harms Act seriously threatens free expression in Canada, there are good intentions behind some of its provisions. It is a laudable goal to force online platforms to remove revenge porn and other non-consensual sharing of intimate images, content that bullies children, content that sexually victimizes children, content that encourages children to harm themselves, and content that incites violence, terrorism or hatred.
Unnecessary duplication of the Criminal Code
However, good intentions do not justify passing additional laws that duplicate what is already prohibited by Canada’s Criminal Code. Additional laws that duplicate existing laws are a poor substitute for good law enforcement.
Section 162.1(1) of Canada’s Criminal Code already prohibits online and offline publication of an intimate image without consent. Section 163 already prohibits publication of obscene materials and child pornography. Thus, it is already illegal to post online content that sexually victimizes a child or revictimizes a survivor.
Section 264(1) already prohibits criminal harassment. Section 319(1) already prohibits the public incitement of hatred towards a group that is identifiable by race, ethnicity, religion, sex, sexual orientation, gender identity, gender expression and other personal characteristics. Section 59(1) criminalizes sedition: advocating the use of force to achieve governmental change within Canada. Sections 83.21 and 83.22 criminalize instructing to carry out terrorist activity; any online content that incites terrorism is already illegal.
Further, Section 22 of Canada’s Criminal Code prohibits counselling, procuring, soliciting or inciting another person “to be a party to an offence.” Any person who counsels, procures, solicits or incites another person to be a party to an offence will be found guilty if the person receiving such counsel commits the offence in question. This applies to terrorism and other violent crimes, and even to minor criminal offenses like shoplifting. Further, section 464 of the Criminal Code criminalizes counselling another person to commit an offence even if that offence is not committed.
Those who support the Online Harms Act should explain why they believe that existing legislation is inadequate to address “harmful” online expression.
New government bodies to censor online speech
If passed into law, the Online Harms Act will create a new Digital Safety Commission to enforce compliance with new regulations created by the federal cabinet. This Digital Safety Commission will have the power to regulate nearly any person or entity operating as a “social media service” in Canada. Any person or social media service found to have permitted “harmful content” would face penalties. The severity of the penalties would be established by the federal cabinet. The creators and users of online content will self-censor to avoid the risk of running afoul of the new regulations and government-imposed censorship. The Online Harms Act provides that an Order of the Digital Safety Commission may be converted into an Order of the Federal Court and enforced like a Court Order. This could result in people operating social media services being fined and imprisoned for contempt of court if they refuse to censor Canadians’ speech.
Pre-emptive punishment for crimes not committed
The Online Harms Act, if passed into law, will add section 810.012 to the Criminal Code, which will permit pre-emptive violations of personal liberty when no crime has been committed. This repudiates centuries of legal tradition that rightly reserved punishment for what a person had done, not for what a person might do. Under this new provision, a complainant can assert to a provincial court that they “fear” that someone will promote genocide, hate or antisemitism. If the judge believes that there are “reasonable grounds” to justify the fear, the court can violate the liberty interests of the accused citizen by requiring her or him to do any or all of the following:
- wear an ankle bracelet (electronic monitoring device)
- obey a curfew and stay at home, as determined by the judge
- abstain from alcohol, drugs, or both
- provide bodily substances (e.g. blood, urine) to confirm abstinence from drugs or alcohol
- not communicate with certain designated persons
- not go to certain places, as determined by the judge
- surrender her or his legally owned and legally required firearms
In other words: a citizen who has not committed any crime can be subjected to one or more (or all) of the above conditions just because someone fears that that person might commit a speech crime in future. Further, if the person who has committed no crime fails to agree to these court-ordered violations of her or his personal liberty, she or he could be sentenced to up to two years in prison.
Our criminal justice system is not supposed to function this way. Violating the liberty of citizens through pre-emptive punishment, when no crime has been committed (and quite possibly when no crime will be committed), is a radical departure from centuries of common law tradition. The respect that our legal system has for individual rights and freedoms means that an accused person is presumed innocent until proven guilty by way of a fair trial, held before an independent and impartial court. We do not punish the innocent, nor do we restrict their liberty based on what they might do. The mere fear that harmful expression may occur is not a legitimate basis for court-ordered imprisonment or other conditions that violate personal liberty.
Life imprisonment for words spoken
For the existing Criminal Code offence of advocating for genocide, the Online Harms Act would raise the maximum penalty from five years in jail to life imprisonment. Free societies recognize the distinction between speech and actions. The Online Harms Act blurs that distinction.
Considering the inherent difficulty in determining whether a person has actually “advocated for genocide,” the punishment of a five-year prison term is already an adequate deterrent for words alone.
Federal cabinet can censor speech without input from Parliament
The Online Harms Act, if passed into law, would give new powers to the federal cabinet to pass regulations (which have the same force of law as legislation passed by Parliament) that place prohibitions or obligations on social media services. This includes passing regulations that impose fines or other consequences (e.g., the removal of a licence or the shutting down of a website) for non-compliance. New regulations can be created by the federal cabinet in its sole discretion, and do not need to be debated, voted on or approved by Parliament. Parliamentary proceedings are public. Any political party, or even one single MP, can raise public awareness about a Bill that she or he disagrees with, and can mobilize public opposition to that Bill. Not so with regulations, which are deliberated in secret by the federal cabinet, and that come into force without any public consultation or debate.
Apart from a federal election held once every four years, there is no meaningful way to hold cabinet to account for the draconian censorship of social media services by way of regulations and the harsh penalties that may be imposed for hosting “harmful content.” The federal cabinet can also decide what number of “users” the “social media service” needs to have in order to trigger federal regulation of content, or the federal cabinet can simply designate a social media service as regulated, regardless of the number of its users.
New censorship powers for Canadian Human Rights Commission
The Online Harms Act, if passed into law, will give the Canadian Human Rights Commission new powers to prosecute and punish offensive but non-criminal speech by Canadians if, in the subjective opinion of unelected and unaccountable bureaucrats, they deem someone’s statement to be “hateful.” The Online Harms Act will empower Canadians offended by non-criminal expression to file complaints against their fellow citizens.
Those who are prosecuted by the Human Rights Commission cannot defend themselves by establishing that their supposedly “hateful” statement is true, or that they had reasonable grounds for believing that their statement was true.
Those found guilty by the Canadian Human Rights Tribunal can be required to pay as much as $50,000 to the government, plus up to $20,000 to the person(s) designated as “victims” by the Canadian Human Rights Tribunal. These significant financial penalties will discourage or eliminate necessary discussion on controversial but important issues in our society.
Advocates for censorship often stress the fact that human rights prosecutions are not criminal. It is true that those found guilty of violating vague speech codes by the Canadian Human Rights Tribunal do not suffer the consequences of a criminal record. However, those who are prosecuted for expressing their beliefs face the difficult choice of having to spend tens of thousands of dollars on legal bills or having to issue an abject apology. Regardless of whether they choose to defend themselves against the complaint or not, they may still be ordered to pay up to $20,000 to the offended party or up to $50,000 to the government, or up to $70,000 to both.
Many Canadians will continue to exercise their Charter-protected freedom of expression, but many will self-censor to avoid the risk of being prosecuted by the Canadian Human Rights Commission.
Anonymous complaints: no right to face one’s accuser
The Online Harms Act, if passed into law, will allow complaints to be filed against Canadians in secret, such that the citizen who is prosecuted by the Canadian Human Rights Commission loses the ancient and well-founded right to face and question one’s accuser. This repudiates centuries of common law tradition requiring the legal process to be public and transparent.
The pretext for eliminating this necessary and long-standing legal protection is that some complainants might be subjected to “threats, intimidation or discrimination.” This ignores the fact that threats and intimidation are already Criminal Code offences, and any illegal discrimination can be addressed by way of a new and separate complaint. Those filing complaints about expression should be accountable for their decision to do so; this is an inherent and necessary component of both criminal and civil legal proceedings.
No need to establish that someone was harmed
If the Online Harms Act is passed into law, the Canadian Human Rights Commission will not even require a victim in order to prosecute a citizen for what she or he has said. For example, a man in Vancouver can file an anonymous complaint against a woman in Nova Scotia who made disparaging online remarks about a mosque in Toronto, regardless of whether that mosque’s members were harmed, or even offended, by the post. No actual victims are required for the Canadian Human Rights Commission to find guilt or to impose penalties. Nor does a victim need to prove that he or she suffered loss or damage; feeling offended by alleged “hate” is all that is needed to become eligible for financial compensation.
Conclusion
For reasons set out here above, the Online Harms Act will harm freedom of expression in Canada if it is passed into law. Many Canadians will self-censor to avoid being prosecuted by the Canadian Human Rights Commission. Canadians who do not self-censor, by practicing courage and by continuing to exercise their Charter-protected freedom of expression, will still see their online expression removed from the internet by the operators of social media websites and platforms. These operators will seek to avoid running afoul of Mr. Trudeau’s new regulations. Everyone will live in fear of the Digital Safety Commission.
The Justice Centre urges all Members of Parliament to vote against this legislation.
Business
Canada has an energy edge, why won’t Ottawa use it?

Energy abundance, properly managed, isn’t just Canada’s strategic edge—it’s our ace in the hole while allies scramble to rearm their energy systems and competitors sprint ahead. We can keep sleepwalking through the annual ritual of self-imposed shackles, watching golden opportunities slip through our fingers, or we can finally show up as a serious player in the energy security game we’re already knee-deep in.
What the public doesn’t see behind all the climate summit fanfare is a carefully choreographed performance where capitals everywhere scramble to perfect their lines for the UN’s annual pageant. COP30 descends on Brazil in mid-November, and once again Ottawa looks primed to arrive clutching a stack of promises, desperately hoping that thunderous applause will somehow count as tangible progress in the real world.
Thanks to years of bureaucratic capture, our government keeps churning out the measures most fervently demanded by the climate lobby, and this ritual proceeds as if “net zero” were still a credible roadmap rather than a marketing slogan stretched so transparently thin it’s practically see-through. But out in the real world—away from the theatrical staging—the energy system keeps issuing updates of its own that no amount of wishful thinking can erase. The question this year cannot be what flashy new prohibition Ottawa can unveil on cue: are our leaders finally prepared to read the room? Away from the virtue-signalling theatre, countries are quietly adjusting to immovable realities: demand keeps climbing, reliability actually matters, and security trumps sermonizing—and we should be looking south to see what’s really working.
From 2005 to 2023, U.S. per-capita CO₂ emissions from energy plummeted by nearly a third. Not because of performative pledges or green grandstanding, but because coal quietly gave way to natural gas, with renewables filling in around the edges where they actually made sense. Pick almost any grid that made this pragmatic switch, and you’ll discover the same inconvenient pattern that climate absolutists prefer to ignore: fewer emissions and electricity you can actually count on when you flip the switch. Maryland serves as a clean example, where coal shrank from the backbone to a footnote as gas surged, helping keep the lights blazing when people needed them most.
Canada should pay very close attention to these uncomfortable truths. We benefit from hydro and nuclear in some regions, but what the green lobby doesn’t want to acknowledge is that our electricity demand is climbing relentlessly. Population growth alone would guarantee that outcome. Add the explosion in AI technology and it becomes utterly unavoidable, despite the silence from environmental groups. Even the cheerleaders of the new digital economy are brutally honest about this reality when pressed. The head of the world’s biggest AI chipmaker isn’t jesting when he bluntly tells the U.K. it will need gas turbines alongside nuclear and renewables to power its tech ambitions—inconvenient facts that shatter green fairy tales.
Another stubborn reality that doesn’t make it into climate summit speeches is that the International Energy Agency estimates oil and gas companies spend roughly half a trillion dollars every year just to keep output flat—a financial reality that exposes the “stranded assets” narrative as wishful thinking. Without this continual reinvestment, U.S. shale would crater within a single year. It’s rather difficult to describe that as a system drifting quietly into retirement, rather than an industrial backbone that still carries most of the load while activists pretend otherwise. If you’re Canada, that looks less like a looming problem than a golden opening that our competitors are already seizing.
Geopolitics is saying the same thing out loud, for those willing to listen beyond the climate activism echo chamber. J.P. Morgan bluntly calls this the “new energy security age,” and Europe is working frantically to end its dependence on Russian LNG—not for climate reasons, but for survival. Japan is expanding its LNG fleet, and Mexico is inking billion-dollar supply deals while climate campaigners aren’t looking. Strip away all the green branding and virtue-signalling, and you get a core calculation that energy security is nothing short of national security—and countries that get snookered by activist rhetoric into forgetting that harsh reality lose far more than bragging rights at international summits.

The Woodfibre LNG site is seen on Howe Sound in Squamish, B.C. THE CANADIAN PRESS/Darryl Dyck
Our allies have been leaning on us to quit sitting on the sidelines and deliver something concrete. And back home, even Ottawa’s mandarins are finally muttering what everyone else has known all along. For the next several years, at minimum, gas remains the most economical, rock-solid baseload option across vast stretches of the continent. Meeting that surging demand would deliver high-paying jobs, bulletproof alliances, and slash global emissions compared to the world burning more coal. Turning our backs on it means standing idle while rival producers rush to fill the void—all so we can pat ourselves on the back for warming the bench.
If this strikes you as abstract theorizing, cast your eyes toward California. A righteous crusade to shutter refineries didn’t magically eliminate the appetite for fuel—it simply exported the dirty work elsewhere, shipping out the jobs and the supply cushion that shields consumers from price shocks. The Golden State now scrambles like a panicked shopper whenever supply chains hiccup, because when push comes to shove, affordability draws the hard red line on what voters will tolerate. Meanwhile, the global landscape has shifted dramatically, with the United States now claiming the crown as top exporter of refined petroleum and LNG.
The lofty rhetoric of “climate solidarity” has quietly faded into something far more practical—nations ruthlessly pursuing their own interests. Even the most progressive speechwriters now pepper their drafts with buzzwords like ‘pragmatism’ and ‘realism.’ It represents nothing short of a grudging acknowledgment that wishful thinking won’t keep the lights on when the grid starts groaning.
British Columbia, meanwhile, sits perched atop the Montney—one of the continent’s most spectacular gas reservoirs—boasting the shortest shipping lanes to Asian markets. Indigenous nations are shrewdly securing equity stakes in LNG ventures while demanding genuine partnership—a blueprint that marries reconciliation with cold, hard prosperity. Those outbound cargoes are displacing coal-fired power overseas. If your genuine goal involves slashing real-world emissions, that achievement trumps a dozen flowery Ottawa press releases.
So no, the magic formula isn’t “all of the above,” but rather “the best of the above.” It demands deploying hydro, nuclear, and renewables where they deliver maximum punch, with natural gas serving as the indispensable bridge that keeps systems humming while breakthrough technologies mature. We must construct infrastructure that performs when sidewalks turn into skating rinks and when asphalt starts melting like butter.
We’ve also absorbed some hard-earned lessons about the political theatrics that spook serious capital. At COP28 in Dubai, then–environment minister Steven Guilbeault sported a baseball cap emblazoned with “emissions.” Emissions cap—catch the clever wordplay? The joke bombed spectacularly with investors. The policy proposal fared no better; its most vocal champion is reportedly eyeing the exit door, while nearly a hundred Canadian oil and gas CEOs have now fired off two blunt open letters to the new prime minister, spelling out precisely what the cap would accomplish: driving investors to pack their bags for friendlier jurisdictions. If your economic blueprint hinges on attracting capital, avoid crafting policies that essentially scream ‘beat it.’

World leaders at COP29 in Baku, Azerbaijan.
Energy abundance, properly managed, isn’t just Canada’s strategic edge—it’s our ace in the hole while allies scramble to rearm their energy systems and competitors sprint ahead. We can keep sleepwalking through the annual ritual of self-imposed shackles, watching golden opportunities slip through our fingers, or we can finally show up as a serious player in the energy security game we’re already knee-deep in.
What would that look like at COP30? It would sound nothing like the strangely self-defeating Canadian speeches of years past, which have been heavy on confessional hand-wringing, light on genuine intent, drowning in performative self-flagellation, and starved of actual competence. If Ottawa wants to prove it has finally woken up from its ideological slumber, it should ditch the tired theatre and roll out policies that actually unleash investment instead of strangling it: streamlined approvals with firm timelines that mean something; predictable fiscal treatment that doesn’t shift with every political breeze; a clear path for Indigenous equity in major projects; and an explicit commitment to “best of the above” power and fuels. Pair that with a forthright message to allies that cuts through the usual diplomatic fog: Canada intends to supply reliable, cleaner energy to the democracies that desperately need it.
It’s not capitulating to industry to stop pretending we can wish away reality. It’s the path that lets us grow the economy, slash global emissions faster than sanctimonious lectures ever will, and strengthen the alliances that keep free countries from getting steamrolled. If we want Canada to matter in this new energy security age instead of being relegated to the sidelines, we should start acting like we mean business. COP30 is the stage. Time to scrap the old script and write one that actually works.
Business
Federal Budget 2025: A responsible media would ensure Canadians know about the dismal state of federal finance

From the Fraser Institute
By Jake Fuss and Grady Munro
From 2014 to 2024, gross government debt (including federal, provincial and local governments) increased from 85.5 per cent of the economy (measured by GDP) to 110.8 per cent—a larger increase than any other G7 country. When debt grows faster than the economy, government finances are unsustainable.
Ahead of the Carney government’s long-awaited first budget scheduled for Nov. 4, a recent CBC commentary described the long-standing debate about the federal deficit and the state of federal finances as “something of a phoney war.” And that calls to balance the budget—expressed today and over the last decade—have lacked any serious discussion about the trade-offs between allowing deficits to persist versus balancing the budget.
While there’s certainly something to be said about the political theatre that regularly dominates the House of Commons—which we agree focuses too often on scoring political points instead of adequately assessing the merits of policy—it’s wrong to downplay concerns about the state of federal finances. Such concerns aren’t “phoney.”
Consider this. From 2014 to 2024, gross government debt (including federal, provincial and local governments) increased from 85.5 per cent of the economy (measured by GDP) to 110.8 per cent—a larger increase than any other G7 country. And federal gross debt increased from 53.0 per cent of the economy in 2014/15 to a projected 70.0 per cent in 2024/25. When debt grows faster than the economy, government finances are unsustainable. And the Carney government seemingly plans to continue this same approach.
In other words, the government plans to continue to spend more than it collects in revenue, continue to run massive deficits, and continue to rack up large amounts of debt.
Why should Canadians care?
Because the costs of government debt land squarely on their backs. For example, when government debt levels rise, the cost of debt interest often also rises. This year the federal government will spend a projected $54.5 billion on debt interest costs—equivalent to what it sends to the provinces for health care. Moreover, when governments borrow money, they can help drive up the cost of borrowing by increasing demand for the limited pool of savings that both government and the private sector compete for—making it more expensive for a family to take out a mortgage or businesses to attract investments. And to pay for today’s debt accumulation, governments in the future may raise taxes—a burden that will fall disproportionately on younger generations.
Again, given this alarming deterioration in the state of government finances over the last decade and the costs it imposes on Canadians, there’s nothing disingenuous about calling for more fiscal discipline from Ottawa.
Of course, getting federal finances back in order is no small task—the Trudeau government’s forays into areas of provincial jurisdiction (which carry huge price tags), combined with Carney’s massive new spending commitments for defence and other programs, mean the government cannot balance the budget without significant trade-offs. In the past, the federal government has overcome similar fiscal circumstances by committing to balance the budget and outlining a clear plan to achieve this goal. The Carney government should heed these lessons and apply them in its upcoming budget.
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