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Crime

Online Harms bill could see Canadians face house arrest based on citizen complaints: Constitutional lawyer

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7 minute read

From LifeSiteNews

By Anthony Murdoch

Constitutional lawyer Marty Moore has warned LifeSiteNews that under the proposed Online Harms Act, courts could impose restrictions on Canadians under threat of jail if there is ‘fear’ the accused may commit a ‘hate crime’ in the future.

A top constitutional lawyer has told LifeSiteNews that the most “shocking” part of the Trudeau government’s proposed “Online Harms Act” is that it could allow provincial courts to impose house arrest on Canadians over a “fear” that they may commit a “hate crime” in the future.

“Possibly the most shocking part of this Bill is the addition of section 810.012 to the Criminal Code,” Marty Moore, who serves as the Litigation Director for Charter Advocates Canada, which is fully funded by the Justice Centre for Constitutional Freedoms (JCCF), told LifeSiteNews. 

“Under this new provision, a person can assert to a provincial court that they ‘fear’ someone will promote genocide or antisemitism, and that provincial court is empowered to jail a person for one year (two years if they have previously been convicted of such an offense) if they refuse to agree to court-imposed conditions.” 

Moore noted that the “court-imposed conditions” could be the mandated wearing of an ankle monitor, having a curfew, or not communicating with certain people.    

Similar pre-crime punitive tactics may also be carried out against Canadians for other so-called “hate” offenses unrelated to antisemitism or genocide, something Justice Minister Arif Virani, who introduced Bill C-63 into Parliament Monday, continues to defend.

“[If] there’s a genuine fear of an escalation, then an individual or group could come forward and seek a peace bond against them and to prevent them from doing certain things,” Virani said Wednesday, arguing that such tactics “would help to de-radicalize people who are learning things online and acting out in the real world violently – sometimes fatally.”

If passed, Bill C-63 will create the “Online Harms Act” and modify existing laws, including the Criminal Code and the Canadian Human Rights Act, in what the Liberals under Prime Minister Justin Trudeau claim will target certain already illegal internet content such as child sexual abuse and pornography. 

However, the proposed law also seeks to target broadly defined “hate speech,” leading many Canadians to worry the bill is a trojan horse being used to usher in political censorship.

Moore, as reported by LifeSiteNews on February 27, previously said that the “Online Harms Act” will allow a new “Digital Safety Commission” to conduct “secret Commission hearings” against those found to have violated the new law, which raises “serious concerns for the freedom of expression” of Canadians online.  

According to the bill’s text, Canadians could soon face life imprisonment for certain “hate crimes,” in addition to other years-long prison terms and hefty fines for online posts the government deems as “hate speech” on the basis of gender, race and other categories.

Bill gives overly ‘broad definition’ to the term ‘hateful content’ 

In additional comments to LifeSiteNews about Bill C-63, Moore warned that the bill gives a broad definition to the term “harmful content.” 

“The definition of ‘content that incites violence’ could capture someone encouraging minor property damage in a context where it ‘could cause’ a person to do something that ‘could’ interfere with an ‘essential service, facility or system,’” Moore told LifeSiteNews. 

“Similarly, the definition of ‘content that incites violent extremism or terrorism’ could capture expression that encourages minor property damage in the course of political protest designed to pressure government on a particular issue, if the expression ‘could cause’ a person to do something that ‘could cause’ a ‘serious risk to the health or safety of the public,’” he added.

Moore observed that given Canadians recent experience in dealing with COVID mandates and lockdowns, which “literally banned protests on the basis that they could cause a risk to the health or safety of the public,” it is not hard to see how “these provisions” in Bill C-63 could be used to “censor expression advocating for civil disobedience and, other than minor property damage, peaceful protest.” 

To enforce the proposed law, the bill calls for the creation of a Digital Safety Commission, a digital safety ombudsperson, and the Digital Safety Office. 

The ombudsperson along with the other offices will be charged with dealing with public complaints regarding online content. It will also put forth a regulatory function in a five-person panel “appointed by the government,” whose task will be monitoring internet platform behaviors to hold people “accountable.” 

Moore told LifeSiteNews that Canadians have already seen government “grossly abuse Canadians’ rights and freedoms in the name of preventing harm and ensuring safety (COVID mandates).” He noted that this bill could give a commission of unelected officials a “concerning” amount of “reach” into “Canadians’ lives.”

In addition to Moore, Conservative Party of Canada leader Pierre Poilievre has also indicated the proposed law may be dangerous, saying earlier this week that the federal government is merely looking for clever ways to enact internet censorship laws.  

On Tuesday in the House of Commons, Poilievre came out in opposition to the Online Harms Act, saying that if the Trudeau government’s goal is to protect children, he should be enforcing criminal laws rather than censoring opinions online.

Alberta

Electronic monitoring of repeat offenders begins

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Offenders and accused who pose a public safety risk may now be subject to 24-7 court-ordered electronic monitoring by Alberta Correctional Services as part of their community supervision conditions

Alberta’s government is taking action to combat rising crime and restore safety by launching an electronic monitoring program as part of its Safe Street Action Plan.

Alberta’s government is keeping a promise and implementing a new ankle bracelet monitoring program in response to the country’s problematic bail system. The ongoing catch-and-release policy brought in by Ottawa forced Alberta’s government to take additional action to protect families and communities.

Starting Jan. 15, the new provincial ankle bracelet electronic monitoring program to help hold high-risk and repeat offenders accountable will officially launch. Through this program, offenders and accused who pose a public safety risk may now be subject to 24-7 court-ordered electronic monitoring by Alberta Correctional Services as part of their community supervision conditions.

“Ottawa’s Bill C-75 has broken the bail system. We are taking an important step toward combating rising crime. High-risk offenders pose a significant risk to public safety and require enhanced supervision in the community. As government, it’s our duty to protect Albertans and their communities. Ankle bracelet electronic monitoring is another tool in the toolbox for courts to consider when determining sentencing or bail conditions, helping us combat rising crime and create safer Alberta communities.”

Mike Ellis, Minister of Public Safety and Emergency Services

Announced alongside other measures to enhance community safety in last spring’s Public Safety Statutes Amendments Act, 2024, individuals under a court-ordered electronic monitoring condition will be required to wear a Global Positioning System (GPS) tracking device monitored by a new unit within Alberta Correctional Services, ensuring compliance and consistent oversight of high-risk offenders on bail and community release throughout the province.

Ankle bracelet electronic monitoring will protect Albertans and communities by helping to secure offender-restricted areas, such as victims’ residences, places of employment or any other area deemed off-limits as part of an individual’s bail or community-release conditions. Probation officers within Alberta Correctional Services continue to supervise individuals under provincial community-based court conditions and bail supervision. Previously, this supervision primarily occurred during regular business hours and did not involve the use of GPS electronic monitoring ankle bracelets. Anyone under court-ordered electronic monitoring conditions will be informed of the program requirements, including the tracking of their location.

“Alberta’s government continues to call for federal bail and sentencing reform to stop violent criminals from re-entering our communities. We remain committed to prioritizing the safety of Albertans through measures like the use of ankle monitors, strengthening the Crown Prosecution Service, the courts and policing to protect Albertans from violent criminals.”

Mickey Amery, Minister of Justice and Attorney General

Following extensive stakeholder engagements and an open technology vendor procurement process, the launch of the provincial electronic monitoring program enhances community supervision with around-the-clock monitoring and adds to the various methods and community supports already used by probation officers, including regular reporting, referrals to community programs and ongoing engagement with policing partners. Additionally, this program aligns Alberta with programs in other provinces across Canada.

Quick facts

  • The new program will supervise individuals whose conditions include court-ordered electronic monitoring.
  • Alberta’s electronic monitoring program is supported by $2.8 million to cover implementation costs for the 2024-25 fiscal year.
  • In August 2024, the government selected SCRAM Systems as the technology vendor for the ankle bracelet electronic monitoring program through an open procurement process.
  • The estimated end date for the electronic monitoring vendor contract is March 31, 2029.

Related information

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Addictions

Nanaimo syringe stabbing reignites calls for involuntary care

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Safe needle disposal box at Deverill Square Gyro 2 Park in Nanaimo, B.C., Sept. 5, 2024. [Photo credit: Alexandra Keeler]

By Alexandra Keeler

Some politicians, police and community groups argue involuntary care is key to addressing severe addiction and mental health issues

The brutal stabbing last month of a 58-year-old city employee in Nanaimo, B.C., made national headlines. The man was stabbed multiple times with a syringe after he asked two men who were using drugs in a public park washroom to leave.

The worker sustained multiple injuries to his face and abdomen and was hospitalized. As of Jan. 7, the RCMP were still investigating the suspects.

The incident comes on the heels of other violent attacks in the province that have been linked to mental health and substance use disorders.

On Dec. 4, Vancouver police fatally shot a man armed with a knife inside a 7-Eleven after he attacked two staff members while attempting to steal cigarettes. Earlier that day, the man had allegedly stolen alcohol from a nearby restaurant.

Three months earlier, on Sept. 4, a 34-year-old man with a history of assault and mental health problems randomly attacked two men in downtown Vancouver, leaving one dead and another with a severed hand.

These incidents have sparked growing calls from politicians, police and residents for governments to expand involuntary care and strengthen health-care interventions and law enforcement strategies.

“What is Premier Eby, the provincial and federal government going to do?” the volunteer community group Nanaimo Area Public Safety Association said in a Dec. 11 public statement.

“British Columbians are well past being fed-up with lip-service.”

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‘Extremely complex needs’

On Jan. 5, B.C.’s newly reelected premier, David Eby, announced the province will open two involuntary care sites this spring. One will be located at the Surrey Pretrial Centre in Surrey, and the other at the Alouette Correctional Facility in Maple Ridge, a city northeast of Vancouver.

Eby said his aim is to address the cases of severe addiction, brain injury and mental illness that have contributed to violent incidents and public safety concerns.

Involuntary care allows authorities to mandate treatment for individuals with severe mental health or substance use disorders without their consent.

Amy Rosa, a BC Ministry of Health public affairs officer, confirmed to Canadian Affairs that the NDP government remains committed to expanding both voluntary and involuntary care as a solution to the rise in violent attacks.

“We’re grappling with a growing group of people with extremely complex needs — people with severe mental health and addictions issues, coupled with brain injuries from repeated overdoses,” Rosa said.

As part of its commitment to expanding involuntary care, the province plans to establish more secure facilities and mental health units within correctional centres and create 400 new mental health beds.

In response to follow-up questions, Rosa told Canadian Affairs that the province plans to introduce legal changes in the next legislative session “to provide clarity and ensure that people can receive care when they are unable to seek it themselves.” She noted these changes will be made in consultation with First Nations to ensure culturally safe treatment programs.

“The care provided at these facilities will be dignified, safe and respectful,” she said.

Maffeo Sutton Park, where on Dec. 10, 2024, a Nanaimo city worker was stabbed multiple times with a syringe; Sept. 1, 2024. [Photo credit: Alexandra Keeler]

‘Health-led approach’

Nanaimo Mayor Leonard Krog says involuntary care is necessary to prevent violent incidents such as the syringe stabbing in the city’s park.

“Without secure involuntary care, supportive housing, and a full continuum of care from detox to housing, treatment and follow-up, little will change,” he said.

Elenore Sturko, BC Conservative MLA for Surrey-Cloverdale, agrees that early intervention for mental health and substance use disorders is important. She supports laws that facilitate interventions outside of the criminal justice system.

“Psychosis and brain damage are things that need to be diagnosed by medical professionals,” said Sturko, who served as an officer in the RCMP for 13 years.

Sturko says although these diagnoses need to be given by medical professionals, first responders are trained to recognize signs.

“Police can be trained, and first responders are trained, to recognize the signs of those conditions. But whether or not these are regular parts of the assessment that are given to people who are arrested, I actually do not know that,” she said.

Staff Sergeant Kris Clark, a RCMP media relations officer, told Canadian Affairs in an emailed statement that officers receive crisis intervention and de-escalation training but are not mental health professionals.

“All police officers in BC are mandated to undergo crisis intervention and de-escalation training and must recertify every three years,” he said. Additional online courses help officers recognize signs of “mental, emotional or psychological crisis, as well as other altered states of consciousness,” he said.

“It’s important to understand however that police officers are not medical/mental health professionals.”

Clark also referred Canadian Affairs to the BC Association of Chiefs of Police’s Nov. 28 statement. The statement says the association has changed its stance on decriminalization, which refers to policies that remove criminal penalties for illicit drug use.

“Based on evidence and ongoing evaluation, we no longer view decriminalization as a primary mechanism for addressing the systemic challenges associated with substance use,” says the statement. The association represents senior police leaders across the province.

Instead, the association is calling for greater investment in health services, enhanced programs to redirect individuals from the justice system to treatment services, and collaboration with government and community partners.

Vancouver Coastal Health’s Pender Community Health Centre in East Hastings, Vancouver, B.C., Aug. 31, 2024. [Photo credit: Alexandra Keeler]

‘Life or limb’

Police services are not the only agencies grappling with mental health and substance use disorders.

The City of Vancouver told Canadian Affairs it has expanded programs like the Indigenous Crisis Response Team, which offers non-police crisis services for Indigenous adults, and Car 87/88, which pairs a police officer with a psychiatric nurse to respond to mental health crises.

Vancouver Coastal Health, the city’s health authority, adjusted its hiring plan in 2023 to recruit 55 mental health workers, up from 35. And the city has funded 175 new officers in the Vancouver Police Department, a seven per cent increase in the force’s size.

The city has also indicated it supports involuntary care.

In September, Vancouver Mayor Ken Sim was one of 11 B.C. mayors who issued a statement calling on the federal government to provide legal and financial support for provinces to implement involuntary care.

On Oct. 10, Conservative Party Leader Pierre Poilievre said a Conservative government would support mandatory involuntary treatment for minors and prisoners deemed incapable of making decisions.

The following day, Federal Minister of Mental Health and Addictions Ya’ara Saks said in a news conference that provinces must first ensure they have adequate addiction and mental health services in place before discussions about involuntary care can proceed.

“Before we contemplate voluntary or involuntary treatment, I would like to see provinces and territories ensuring that they actually have treatment access scaled to need,” she said.

Some health-care providers have also expressed reservations about involuntary care.

In September, the Canadian Mental Health Association, a national organization that advocates for mental health awareness, issued a news release expressing concerns about involuntary care.

The association highlighted gaps in the current involuntary care system, including challenges in accessing voluntary care, reports of inadequate treatment for those undergoing involuntary care and an increased risk of death from drug poisoning upon release.

“Involuntary care must be a last resort, not a sweeping solution,” its release says.

“We must focus on prevention and early intervention, addressing the root causes of mental health and addiction crises before they escalate into violent incidents.”

Sturko agrees with focusing on early intervention, but emphasized the need for such interventions to be timely.

“We should not have to wait for someone to commit a criminal act in order for them to have court-imposed interventions … We need to be able to act before somebody loses their life or limb.”


This article was produced through the Breaking Needles Fellowship Program, which provided a grant to Canadian Affairs, a digital media outlet, to fund journalism exploring addiction and crime in Canada. Articles produced through the Fellowship are co-published by Break The Needle and Canadian Affairs.

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