On December 9, 2024 Anaïs Bussières McNicoll, Director of the Fundamental Freedoms Program and Interim Director of the Privacy, Technology and Surveillance Program, testified before the Standing Committee of Justice and Human Rights in their pre-study of Bill C-63, An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and other Acts.
CCLA acknowledged that legislation aimed at protecting against the harms of online discourse serves an important purpose, particularly for vulnerable users. CCLA submitted that any attempt at regulating online discourse by Parliament must give careful and meaningful consideration to the fundamental rights and freedoms enshrined in the Canadian Charter of Rights and Freedoms and to the values that emerge from it.
CCLA highlighted the need to amend the Online Harms Act to only address categories of harmful content that are objectively identifiable, while requiring that operators give due consideration to users’ freedom of expression and privacy rights when fulfilling their statutory duties.
CCLA also explained why the proposed amendments to the Criminal Code and the Canadian Human Rights Act should not be enacted.
The new “offence motivated by hatred” irrationally increases the maximum sentence associated with any offence in Canada to life imprisonment, if the commission of such offence was motivated by hatred. This judicial discretion paves the way to disproportionate sentencing, a chilling effect on free speech, and an unwarranted increase in plea bargaining from innocent and vulnerable defendants.
CCLA also opposed the new “fear of hate propaganda offence or hate crime” provision, pursuant to which a judge can limit someone’s expression and liberty if there is a fear that they might commit an offence motivated by hatred in the future. Criminal law should be a means of holding individuals accountable for what they have done, not for what others fear they might do.
Finally, while CCLA understands that the proposed amendments to human rights legislation are an attempt to combat discrimination and promote equality, we believe that the Canadian human rights framework is an improper and ineffective mechanism for addressing the problem of hate speech in our modern society.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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For further comments, please contact us at media@ccla.org.
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