Media
Trudeau’s ‘online harms’ legislation includes life imprisonment for ‘hate speech’
Justice Minister Arif Virani
From LifeSiteNews
While the government claims the bill is intended to protect kids, Conservative Party of Canada leader Pierre Poilievre said Liberals are looking for clever ways to enact internet censorship laws.
Details of new “online harms” legislation to regulate the internet have emerged, revealing that the bill could lead to more people jailed for life or fined $20,000 for posts that the government defines as “hate speech” based on gender, race, or other categories.
Bill C-63 is titled “An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts.”
It was introduced by Justice Minister Arif Virani in the House of Commons today and passed its first reading in the afternoon.
The new bill will create the Online Harms Act and modify existing laws, amending the Criminal Code as well as the Canadian Human Rights Act, in what the Liberals under Prime Minister Justin Trudeau claim will target certain cases of internet content removal, notably those involving child sexual abuse and pornography.
According to the Trudeau government, Bill C-63 aims to protect kids from online harms and crack down on non-consensual deep-fake pornography involving children and will target seven types of online harms, such as hate speech, terrorist content, incitement to violence, the sharing of non-consensual intimate images, child exploitation, cyberbullying and inciting self-harm.
Virani had many times last year hinted a new Online Harms Act bill would be forthcoming.
While the Trudeau government claims the bill is being created to protect kids, Conservative Party of Canada (CPC) leader Pierre Poilievre said the federal government is looking for clever ways to enact internet censorship laws.
During a February 21, press conference, Poilievre said that Trudeau is looking to in effect criminalize speech with he does not like.
“What does Justin Trudeau mean when he says the word ‘hate speech?’ He means speech he hates,” Poilievre said.
Thus far, Poilievre has not commented on the full text of Bill C-63.
As part of the new bill, the Trudeau Liberals are looking to increase punishments for existing hate propaganda offenses in a substantial manner.
The Online Harms Act will also amend Canada’s Human Rights Act to put back in place a hate speech provision, specifically Section 13 of the Act, that the previous Conservative government under Stephen Harper had repealed in 2013 after it was found to have violated one’s freedom of expression.
The text of the bill, released Monday afternoon, reads that the Canadian Human Rights Act will be amended to add a section “13” to it.
This section reads, “It is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination.”
“In this section, hate speech means the content of a communication that expresses detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination,” the bill reads.
A “Clarification – hate speech” in the bill reads, “For greater certainty, the content of a communication does not express detestation or vilification, for the purposes of subsection (8), solely because it expresses disdain or dislike or it discredits, humiliates, hurts or offends.”
Earlier Monday, details of the bill were released to the media in a technical briefing.
“New standalone hate crime offence that would apply to every offence in the Criminal Code and in any other Act of Parliament, allowing penalties up to life imprisonment to denounce and deter this hateful conduct as a crime in itself,” the technical briefing reads.
“The maximum punishments for the four hate propaganda offences from 5 years to life imprisonment for advocating genocide and from 2 years to 5 years for the others when persecuted by way of indictment.”
For now, the law will affect all social media platforms as well as live-streamed video services, notably Meta and Google (YouTube).
Bill creates three ‘Digital Safety’ positions to enforce rules and let anyone file ‘complaints’
Bill C-63 mandates the creation of the 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 as well as put forth a regulatory function in a five-person panel “appointed by the government.” This panel will be charged with monitoring internet platform behaviors to hold people “accountable.”
Bill C-63 also includes text to amend Canada’s Criminal Code and Human Rights Act to define “hatred” as “Content that expresses detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination, within the meaning of the Canadian Human Rights Act, and that, given the context in which it is communicated, is likely to foment detestation or vilification of an individual or group of individuals on the basis of such a prohibited ground. (contenu fomentant la haine).”
Most worryingly, the new bill will allow it so that anyone can file a complaint against another person with the Canadian Human Rights Commission for “posting hate speech online” that is deemed “discriminatory” against a wide range of so-called protected categories, notably gender, race, those, or other areas.
If a person is found guilty of violating the Human Rights Act by going against what the government deems to be hate speech, they face fines of $20,000 along with being mandated to take down any postings online, notably on social media.
Many aspects of Bill C-63 come from a lapsed bill from 2021.
In June 2021, then-Justice Minister David Lametti introduced Bill 36, “An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech).”
It was blasted as a controversial “hate speech” law that would give police the power to “do something” about online “hate.”
It was feared that it would target bloggers and social media users for speaking their minds.
Bill C-36 included text to amend Canada’s Criminal Code and Human Rights Act to define “hatred” as “the emotion that involves detestation or vilification and that is stronger than dislike or disdain (haine).”
If passed, the bill would theoretically allow a tribunal to judge anyone who has a complaint of online “hate” leveled against them, even if he has not committed a crime. If found guilty, the person would be in violation of the new law and could face fines of $70,000 as well as house arrest.
Two other Trudeau bills dealing with freedom as it relates to the internet have become law, the first being Bill C-11, or the Online Streaming Act, that mandates Canada’s broadcast regulator, the Canadian Radio-television and Telecommunications Commission (CRTC), oversee regulating online content on platforms such as YouTube and Netflix to ensure that such platforms are promoting content in accordance with a variety of its guidelines.
Trudeau’s other internet censorship law, the Online News Act, was passed by the Senate in June 2023.
The law mandates that Big Tech companies pay to publish Canadian content on their platforms. As a result, Meta, the parent company of Facebook and Instagram, blocked all access to news content in Canada. Google has promised to do the same rather than pay the fees laid out in the new legislation.
Critics of recent laws such as tech mogul Elon Musk have said it shows “Trudeau is trying to crush free speech in Canada.”
Alberta
How one major media torqued its coverage – in the take no prisoners words of a former Alberta premier
(Editor’s note: I was going to write on the media’s handling of the Alberta government’s decision to order striking teachers back to work and invoke Section 33 of the Charter in doing so. But former Alberta premier Jason Kenney provided such a fulsome dissection of an absence of balance and its consequences in terms of public trust on X that I asked him if The Rewrite could publish it. He said yes and here it is – Peter Menzies.)
By Jason Kenney
This
”story” is an object lesson for why trust in legacy media has plummeted, and alt right media audiences have grown.
Here CTV “digital news producer” @AngeMAmato (she/her) writes a story about “experts” calling the use of Sec. 33 “a threat to democracy.”
Who are the experts?
A left wing academic, and a left wing activist. The latter, Howard Sapers, is a former Liberal MLA (which the article does not mention) for a party that is so marginal, it has not elected an MLA in over a decade.
For good measure CTV goes on to quote two left wing union bosses, who of course are predictably outraged.
A more accurate headline would be “Four people on the left angry about use of Notwithstanding Clause.” Which is the opposite of news. It’s the ultimate “Dog Bites Man” non-story.
Did the CTV producer make any effort to post a balanced story by asking for comment from academics / lawyers / think tanks who support use of Sec. 33? Did she call the @CDNConstFound or the @MLInstitute’s Judicial Power Project? Did she attempt to reach any of these four scholars, who just published their views in a @nationalpost op-ed last week?
Did she have an editor who asked why her story lacked any attempt at balance?
And did anyone at CTV pause for a moment to ponder how tendentious it is to accuse a democratically elected legislature of acting “undemocratically” by invoking a power whose entire purpose is to ensure democratic accountability?
She provides some historical context about prior use of Sec. 33. Why does that context not include the fact that most democratically elected provincial governments (including Alberta under Premier Lougheed, and Saskatchewan under NDP Premier Blakeney) agreed to adopt the Charter *only if* it included the Notwithstanding Clause to allow democratically elected Legislatures to ensure a democratic check and balance against the abuse of undemocratic, unaccountable judicial power?
Why does she not mention that for the first 33 years of the Charter era, the Canadian Courts ruled that there was no constitutionally protected right to strike?
Why doesn’t she quote an expert pointing out that Allan Blakeney defended the Saskatchewan Legislature’s 1986 use of Sec. 33 to end a strike as “a legitimate use of the Clause?” Or refer to Peter Lougheed’s 1987 commitment to use Sec. 33 if the courts invented a right to strike?
Many thoughtful criticisms can be levelled against Section 33. Being undemocratic is not one of them.
So why do we see so much agitprop like this masquerading as news from so many legacy media outlets?
IMO, there are two possible answers:
1) They are blind to their own biases; and / or
2) People like @AngeMAmato believe that they have a moral imperative to be “progressive journalists” which trumps the boringly old fashioned professional imperative to be objective and balanced.
Whatever the reason, “journalists” like this have no one to blame but themselves for growing distrust of legacy media, and the consequent emergence of non traditional media platforms.
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Censorship Industrial Complex
Pro-freedom group to expose dangers of Liberal ‘hate crime’ bill before parliamentary committee
From LifeSiteNews
Canada’s Liberal justice minister has confirmed that the legislation would allow a person to be criminally charged for social media posts deemed offensive by the government.
A top Canadian pro-freedom group has been asked to testify regarding the dangers of the Liberals’ proposed internet censorship legislation.
In an October 28 press release, the Democracy Fund (TDF) announced that the Standing Committee on Justice and Human Rights has invited them to appear at the House of Commons to debate Bill C-9, which experts have warned could kill free speech in Canada.
“Our lawyers have extensive experience defending Canadians accused of breaching speech codes or uttering speech deemed ‘offensive’ by authorities,” TDF litigation director Mark Joseph stated. “We look forward to sharing our legal expertise and concerns about Bill C-9 with the Committee.”
Bill C-9, the Combating Hate Act, has been blasted by constitutional experts as allowing empowered police and the government to go after those it deems have violated a person’s “feelings” in a “hateful” way.
Bill C-9 was brought forth in the House of Commons on September 19 by Justice Minister Sean Fraser. The Liberals have boasted that the bill will make it a crime for people to block the entrance to, or intimidate people from attending, a church or other place of worship, a school, or a community center. The bill would also make it a crime to promote so-called hate symbols and would, in effect, ban the display of certain symbols such as the Nazi flag.
Canada’s Liberal justice minister has confirmed that the legislation would allow a person to be criminally charged for social media posts deemed offensive by the government.
Currently, the legislation is undergoing debate as Canadian lawmakers discuss how best to frame and implement the bill. Issues with the legislation, as pointed out by TDF, include “broad and undefined language” that could allow for widespread censorship online.
TDF warned that the bill “could be used to justify increased censorship and restrict Canadians’ rights to peacefully assemble, protest, and speak freely, particularly on digital platforms.”
The Committee meeting, scheduled for November 6, is a crucial part of Parliament’s review process before the bill continues to its third reading in the House of Commons.
TDF’s warnings against the legislation echo statements from various pro-freedom legal groups across Canada.
As LifeSiteNews previously reported, Justice Centre for Constitutional Freedoms (JCCF) president John Carpay has warned that Canada will be a “police state by Christmas” if lawmakers pass three new bills introduced by the federal Liberal government of Prime Minister Mark Carney.
Carpay further predicted that Bill C-9 would “empower police” and the government to go after those it deems have violated a person’s “feelings” in a “hateful” way.
The proposed legislation mirrors a movement in Germany to restrict sharing controversial or anti-government content online by arresting citizens who posted content deemed ‘hateful’ by the German government.
As LifeSiteNews previously reported in June, German authorities conducted more than 180 operations across the country, targeting individuals accused of spreading hate and incitement online – most of them tied to content considered far-right.
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