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

Sponsor

Arif Virani  Liberal

Status

Second reading (House), as of Sept. 23, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-63.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 of this enactment enacts the Online Harms Act , whose purpose is to, among other things, promote the online safety of persons in Canada, reduce harms caused to persons in Canada as a result of harmful content online and ensure that the operators of social media services in respect of which that Act applies are transparent and accountable with respect to their duties under that Act.
That Act, among other things,
(a) establishes the Digital Safety Commission of Canada, whose mandate is to administer and enforce that Act, ensure that operators of social media services in respect of which that Act applies are transparent and accountable with respect to their duties under that Act and contribute to the development of standards with respect to online safety;
(b) creates the position of Digital Safety Ombudsperson of Canada, whose mandate is to provide support to users of social media services in respect of which that Act applies and advocate for the public interest in relation to online safety;
(c) establishes the Digital Safety Office of Canada, whose mandate is to support the Digital Safety Commission of Canada and the Digital Safety Ombudsperson of Canada in the fulfillment of their mandates;
(d) imposes on the operators of social media services in respect of which that Act applies
(i) a duty to act responsibly in respect of the services that they operate, including by implementing measures that are adequate to mitigate the risk that users will be exposed to harmful content on the services and submitting digital safety plans to the Digital Safety Commission of Canada,
(ii) a duty to protect children in respect of the services that they operate by integrating into the services design features that are provided for by regulations,
(iii) a duty to make content that sexually victimizes a child or revictimizes a survivor and intimate content communicated without consent inaccessible to persons in Canada in certain circumstances, and
(iv) a duty to keep all records that are necessary to determine whether they are complying with their duties under that Act;
(e) authorizes the Digital Safety Commission of Canada to accredit certain persons that conduct research or engage in education, advocacy or awareness activities that are related to that Act for the purposes of enabling those persons to have access to inventories of electronic data and to electronic data of the operators of social media services in respect of which that Act applies;
(f) provides that persons in Canada may make a complaint to the Digital Safety Commission of Canada that content on a social media service in respect of which that Act applies is content that sexually victimizes a child or revictimizes a survivor or intimate content communicated without consent and authorizes the Commission to make orders requiring the operators of those services to make that content inaccessible to persons in Canada;
(g) authorizes the Governor in Council to make regulations respecting the payment of charges by the operators of social media services in respect of which that Act applies, for the purpose of recovering costs incurred in relation to that Act.
Part 1 also makes consequential amendments to other Acts.
Part 2 amends the Criminal Code to, among other things,
(a) create a hate crime offence of committing an offence under that Act or any other Act of Parliament that is motivated by hatred based on certain factors;
(b) create a recognizance to keep the peace relating to hate propaganda and hate crime offences;
(c) define “hatred” for the purposes of the new offence and the hate propaganda offences; and
(d) increase the maximum sentences for the hate propaganda offences.
It also makes related amendments to other Acts.
Part 3 amends the Canadian Human Rights Act to provide that 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. It authorizes the Canadian Human Rights Commission to deal with complaints alleging that discriminatory practice and authorizes the Canadian Human Rights Tribunal to inquire into such complaints and order remedies.
Part 4 amends An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service to, among other things,
(a) clarify the types of Internet services covered by that Act;
(b) simplify the mandatory notification process set out in section 3 by providing that all notifications be sent to a law enforcement body designated in the regulations;
(c) require that transmission data be provided with the mandatory notice in cases where the content is manifestly child pornography;
(d) extend the period of preservation of data related to an offence;
(e) extend the limitation period for the prosecution of an offence under that Act; and
(f) add certain regulation-making powers.
Part 5 contains a coordinating amendment.

Similar bills

C-36 (43rd Parliament, 2nd session) 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)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-63s:

C-63 (2017) Law Budget Implementation Act, 2017, No. 2
C-63 (2015) Law Déline Final Self-Government Agreement Act
C-63 (2013) Law Appropriation Act No. 2, 2013-14
C-63 (2009) First Nations Certainty of Land Title Act

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

October 8th, 2024 / 10:55 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am glad the member opposite asked three questions. I know the dates: May 2019, November 2022 and March 2023. It would be interesting to find out when the actual report was tabled. It might have been after March 2023; we will have to get confirmation.

I am glad the member realizes it is an issue. I am going to go to the first part of the question. The member talked about hundreds of individuals in his riding who are interested. I can assure him that thousands of his constituents would have been interested in Bill C-63, the online harms act. I understand that the Bloc supports it, as do the NDP and Green members.

The government has been trying to get the bill passed, but those darn Conservatives will not let it pass. They can be a mean group of people. They bring up concurrence reports all the time. Now they are using questions of privilege. They are going out of their way to prevent the legislation from passing.

What would the member's constituents want? Would they want the legislation passed today, or would they rather have another day of debate on this specific issue? That is why I would encourage the members of the Bloc to look at an opposition day. Let us talk about shorelines but also allow for some of the important legislation, some of which even the Bloc party supports. However, it is participating in supporting the Conservatives by allowing concurrence reports.

Foreign AffairsOral Questions

October 7th, 2024 / 3:10 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I will agree with one thing the independent member just said: “The safety of our citizens is the only priority.” That is why we have a national action plan to combat hatred. That is why there is a bill on the legislature floor right now, Bill C-63, that would target online radicalization that leads to anti-Semitism.

How does somebody get to the point where they are targeting a Jewish day school, a Jewish day care or a Jewish synagogue? They are radicalized online. The same bill has augmentation of penalties for willful promotion of anti-Semitism, public incitement of hatred and advocating genocide. It is a bill that not every party in the chamber supports, and it is what we need to get behind.

Business of the HouseOral Questions

October 3rd, 2024 / 3:25 p.m.


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Burlington Ontario

Liberal

Karina Gould LiberalLeader of the Government in the House of Commons

Mr. Speaker, that was cute, and I saw that the Conservative House leader was having a hard time not laughing at how ridiculous his statement was.

As the fourth week of fall in the House of Commons approaches, we have made good progress. For one thing, we passed Bill C‑76 to give Jasper the tools it needs to rebuild.

We also debated bills that are important to Canadians, such as Bill C‑71, which extends citizenship by descent beyond the first generation in an inclusive way, protects the value of Canadian citizenship and restores citizenship to Canadians who lost or never acquired it because of outdated provisions under a previous citizenship act.

We debated Bill C‑66, which recognizes that members of the Canadian Armed Forces are always there to protect Canada's security and that we have a duty to protect them from harassment and inappropriate behaviour. This landmark legislation would transform military justice in Canada and respond to outside recommendations by former justices Arbour and Fish of the Supreme Court of Canada.

We also debated Bill C‑63 on online harms, which seeks to provide stronger protection to children online and better protect Canadians from online hate and other types of harmful content.

I would like to thank members of Parliament who have been working constructively to advance these bills. The Conservatives, on the other hand, continue to do everything they can to block the important work of the House and prevent debate on legislation that will help Canadians. They have offered nothing constructive and instead have focused on cheap political stunts and obstruction for the sake of obstruction. They have lost two confidence votes already and continue to paralyze the business of the House.

The government supports debates on the privilege motions concluding quickly so that we can get back to the important work of the House. I extend my hand to any party that wants to work constructively to advance legislation that will help Canadians. Once debate has concluded on both privilege motions, our priority will be resuming debate on the bills I have listed.

Reference to Standing Committee on Procedure and House AffairsPrivilegeGovernment Orders

September 26th, 2024 / 6:20 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is unbelievable to me that the government House leader is worried about the Charter of Rights and Freedoms when the government has violated every single Charter right there is. It has violated the freedom of expression with Bill C-11 and Bill C-63. It has violated the mobility rights of millions of Canadians, as well as life and security of the person. I could go on and on.

Then the member says she is concerned with making sure there is separation from the RCMP. When has the RCMP been separated from the government? In the WE Charity scandal, the Prime Minister took an action that benefited him, his wife, his brother and his mother, which is against subsection 119(1) of the Criminal Code. What about SNC-Lavalin? When did the government start taking action? It was four years after the event.

How can the member look herself in the mirror and not see the problem on that side?

FinanceCommittees of the HouseRoutine Proceedings

September 25th, 2024 / 5:55 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

One of them is saying, “Hear, hear!”

Madam Speaker, now the Conservatives are saying that they do not want to be accountable through media like the CTVs or the CBCs of Canada because they do not have confidence in those national news broadcasters. It is because they do not want to answer the questions that are being posed to them. Instead, they want to rely on social media.

There is a reference to the leader of the Conservative Party being very similar to Trump. That might be a bit of a disservice to Donald Trump. Quite frankly, I am very disappointed in the direction the far-right Conservative Party is going today. There is also no sign of its members changing their attitudes. Look at the attitude of hate that Conservatives are promoting and the information they are providing to people.

Today, Conservatives brought forward a motion, and that motion is in keeping with their slogans. I will give them that much. Darn, they are good at slogans. They have slogans; they have bumper stickers. They are ready and itching to get them out there. The problem is that everything is based on a foundation of sand. At the end of the day, there is nothing to it but slogans and bumper stickers, which are supported by misinformation.

One of the examples I could give is related to what Conservative members have been talking a lot about already today. If someone were to do a Hansard search, how many Conservative members of Parliament would we find who have actually said anything about cutting the carbon rebates? I suspect we would not find any. How many have said, “cut the carbon tax”? I suspect, on average, each one has said it 10 times. Some have said it a couple hundred times, and others have not said it because they have not spoken.

I can suggest to members that, when Conservatives go to Canadians and say that they are going to save Canadians money, as they have said inside the chamber, by cutting the carbon tax, that is not true. More than 80% of the constituents that I represent get a carbon rebate. That rebate amount is more than the carbon tax that they pay. That means that their net income, their disposable income, is increased. That is the reality. Members do not have to believe me. The Parliamentary Budget Officer, who is independent, will tell us that.

Conservatives will spread misinformation because it sounds good. Some provinces do not even have the carbon tax, yet they will go to those provinces and say that they are going to cut the carbon tax, giving a false impression. The other day in debate, there was one member in the Conservative Party who stood up and said that a 34% cost increase on food is a direct result of the carbon tax. What a bunch of garbage. That is absolutely ridiculous. I challenged the member on that statement, and then I challenged a couple of other members on the statement this particular member made. They do not change their opinions on it, even if they are confronted with facts.

They do not change their opinions because they are so focused on that thirst for power. At the end of the day, they are not concerned about what is happening for Canadians, the day-to-day living that Canadians have to put up with, let alone the important issues that the House of Commons deals with on a daily basis.

Today, we were supposed to debate Bill C-71. Bill C-71 is a bill to ensure that individuals who should have never have lost their citizenship will be given their Canadian citizenship. Every political party, except for the Conservatives, supports that legislation. Conservatives do not even want to debate it now. They will not allow it to be debated. They do not want it to go to committee.

Members will say that the Conservatives do not support that one, but they do support Bill C-66. They say that they support it. That bill takes sexual harassment and rape victims who are going through military courts and transfers them into civil courts. Every member of the House of Commons, the Conservatives, the Bloc, New Democrats, Greens and, of course, Liberals, supports that legislation. Members would think that the Conservatives would allow that bill to go to committee, but no. Instead, they want to filibuster. They brought forward another concurrence report.

They say that they are concerned about the economy. Members can take a look at Bill C-33, which we were supposed to be debating last week, to enhance our trading opportunities. What did the Conservative members do? They did not want to debate that either, so they brought in another concurrence report, which prevented the government from being able to debate that legislation.

The members opposite, in criticizing the government today, were talking about issues of crime. They say that this is what they want to talk about. I will remind them of Bill C-63, the online harms act. That is to protect children being extorted, being bullied. The whole issue of exploitation of our young children, we were supposed to debate that last week, but no, the Conservatives said no to that too, and they brought forward a concurrence report. The Conservative Party is going out of its way to prevent any legislation from going to committee.

Prior to getting up, I had a member of one of the opposition parties approach me, asking why we do not just move to orders of the day. I think there was a great deal of effort and thought to move towards orders of the day because then maybe we could get on with actually providing movement on some of this legislation. The problem is that we are a minority government. In a minority government, we cannot go to orders of the day unless we get an opposition party that says it will support the government moving to orders of the day so that we can get rid of the games that the Conservative party has been playing.

Let there be no doubt that, no matter how critical the Conservative Party is, how much of a roadblock the Conservatives want to present or how much of a character assassination that they are after for those in the government, the Prime Minister and the government will continue to be focused on the interests of Canadians in all regions of our country. That is something we will continue to focus on day in and day out. That means that, whether the Conservatives want it or not, we will continue to develop policy ideas that will transform into budgetary measures and legislative measures. There will come a time when Canadians will, in fact, evaluate and take a look at what the Conservative Party has been doing between now and whenever the next election is, and what other political entities have done.

I think there is a sense of responsibility for all of us to be able to accomplish good things for Canadians. That is what I liked about the agreement that was achieved between the Liberals and the New Democrats. I have always been a big fan of the pharmacare plan. I have always been a very strong advocate for a national health care system that supports our provinces, which administer health care. For over 30 years as a parliamentarian, those are the types of issues that have been important for me. As a government, those issues have been important for us.

We were able to get support from the New Democrats to advance a number of wonderful health care initiatives. That is what it means to put people first, putting the constituents of Canada ahead of partisan politics. By doing that, the government has invested $198 billion over 10 years in health care. That is for future generations. We have developed a dental care program. To date, over 700,000 people have had access to it. Members can think of diabetes, or of contraceptives, and how, as a government working with an opposition party, we are, in fact, making a difference. In fact, I have suggested that one of the other things we should possibly be looking at is shingles and how pharmacare might be able to deal with that particular issue.

These are the types of ideas that we are talking about within the Liberal Party to build a stronger, healthier health care system, while the Conservative Party wants to tear it down. That is a part of the Conservative far-right hidden agenda. People need to be aware of that. By the time we get to the election, I believe that throughout that election, we will see the Conservative sand fade away. There is no foundation to what they are saying. It is just bumper stickers and slogans. That is all they have. We can contrast that to the many progressive measures we have taken as a government, in good part because of the cooperation of opposition parties.

I ask the Conservatives to stop playing the games, stop bringing in Conservative motions of concurrence and allow debate on government legislation. A responsible Conservative opposition could still bring in the motions it wants, while at least allowing debates to occur on legislation. Allow these important pieces of legislation to go to committee where they can be studied, where they can come back and where they can provide hope for many. That is the very least that Conservatives can do: put Canadians ahead of their own political party.

Public SafetyOral Questions

September 24th, 2024 / 2:55 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, parents across Canada are worried about their children's safety online. As a parent, I share their fear. That is why it is crucial that we implement laws dedicated to keeping our kids safe. That is why I introduced the online harms act. Bill C-63 introduces the first-ever safety standards for online platforms. It couples duties to protect kids with significant penalties for platforms that do not comply.

We have rigorous safety laws to protect our kids from harm in the physical world; they need to be safe online as well. We are creating a safer online world for our kids. It is really unfortunate that Conservatives cannot get onside with this important legislation.

Agriculture and Agri-FoodCommittees of the HouseRoutine Proceedings

September 23rd, 2024 / 4 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, here we are again, just the second week into the fall session, and this is the fourth concurrence report brought in by the official opposition. This once again reinforces, for anyone who follows the debate via CPAC and wants an understanding of what is taking place in Ottawa, that the Conservatives are going out of their way to quench their thirst for power, as opposed to trying to deliver in a very real and tangible way for Canadians.

Today, the Conservatives brought forward this motion for concurrence to talk about farmers, the carbon rebate and interest in regard to the price on food. I find it interesting that they have chosen to debate that today. If my memory serves me correctly, I cannot recall once when the Conservative Party of Canada, the far right, thought this issue was important enough to bring forward to the House for debate on an opposition day. We have had dozens of opposition days, and not once have the Conservatives raised the issue that is the focus of the concurrence report.

The Conservatives like to say that this is about farmers and Canadians. Well, I do not believe it. If any of the Conservatives have the courage to debate me in any university or other post-secondary facility, I would welcome it, just to show how abusive the Conservatives are when we are trying to be there in a very real and tangible way for Canadians. In fact, the Conservatives have had two members speak about the report. They are the ones who thought it was so important to debate this report. However, did either member who spoke even make reference to the response to the report that was provided by the department and the minister? No.

We are already half an hour into discussion, and while the Conservatives had a detailed response to the report, no reference has been made to it whatsoever. It does not surprise me, because as every member of the House of Commons knows, this is not about the issue the Conservatives have raised today. They are using an issue that Canadians are genuinely concerned about, which I agree is a concern, to sidestep legislation and prevent the government from being able to pass it.

My colleague and friend from Waterloo referenced that she was hoping to debate Bill C-63, which we started this morning. The Conservatives have said that if this bill passes and we get a Conservative government, they will repeal the law. We understand that they do not support the legislation, even though the interests of Canadians are represented in it, but this is what we were supposed to be debating today.

Agriculture and Agri-FoodCommittees of the HouseRoutine Proceedings

September 23rd, 2024 / 3:35 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, today we were supposed to be debating Bill C-63. It is interesting that, once again, after four days and four different pieces of legislation being introduced, the “hungry and thirsty for power” Conservatives have brought in a concurrence motion to try to change the channel. This is the fourth time.

Why does the Conservative Party have such a lack of respect for Canadians that it is prepared to do whatever it takes to play a destructive role here on the floor of the House of Commons in not allowing legislation to even be debated?

Business of the HouseRoutine Proceedings

September 19th, 2024 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalMinister of Health

Yes, Madam Speaker, by popular demand, I am back. I really missed these exchanges. Some of our great moments are on Thursdays, not just for CPAC viewers, but also for you and me personally, I know. Therefore it is wonderful to exchange and wonderful to be back. I want to wish members a good return. I hope everybody had a productive and happy time with their families and their constituents in their ridings.

This afternoon, we will resume second reading debate of Bill C-66, the military justice system modernization act.

Tomorrow, we will begin the report stage debate of Bill C-33, the strengthening the port system and railway safety in Canada act.

On Monday, we will begin second reading debate of Bill C-63, the online harms act.

Madam Speaker, you will be very happy to know that next Wednesday we will also be resuming second reading debate of Bill C-71, which would amend the Citizenship Act.

I would also like to take the opportunity to inform the House that both next Tuesday and next Thursday shall be allotted days.

Furthermore, on Monday, the Minister of Finance will table a ways and means motion on capital gains taxation that incorporates the feedback received during consultations over the summer. The vote will take place on Wednesday of next week during Government Orders.

Diversity and InclusionOral Questions

June 18th, 2024 / 2:30 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I welcome the Leader of the Opposition recognizing the divisive rhetoric and the division that is occurring in Canadian society right now. We have a problem with hatred. We have to address that problem. We know that the statistics show that hate crimes are on the rise 130% in the last five years.

That is why I was proud to stand with CIJA when we tabled Bill C-63, the online harms legislation that would improve penalties for hate crimes, provide a definition of hatred and ensure that we are keeping Canadian communities safe. The special envoy on anti-Semitism supports the bill. CIJA supports the bill. I am just wondering why the Leader of the Opposition does not.

Criminal CodePrivate Members' Business

June 11th, 2024 / 6 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I rise to debate this bill today, and I would like to focus my comments on a specific aspect of coercive control, for which there remains very few easy-to-access and easy-to-deploy de-escalation tools for victims. It is my hope that parliamentarians in the other place will consider the addition of these components to this bill, particularly as it pertains to specific tools to assist law enforcement officials in stopping coercive control from happening.

To set the context for this issue, I would like to refer to the Women's Legal Education & Access Fund, or LEAF. It developed a position paper on the criminalization of coercive control in response to this bill. In it, it defines “coercive control” as follows:

Coercive control is a concept used to describe a pattern of abusive behaviors in intimate partner relationships, based on tactics of intimidation, subordination, and control. This can include, among others, behaviors such as isolation, stalking, threats, surveillance, psychological abuse, online harassment, and sexual violence.

Other sources discussed threats of extortion, including so-called revenge porn, as one of the abusive behaviours also used to exert coercive control.

In its paper, LEAF raises the concern that the process of criminalizing coercive control may encounter significant challenges to legal success and that it may be “difficult to translate clearly into actionable criminal law.” One of the recommendations it makes to at least partially address this issue reads as follows: “Federal, provincial and territorial governments should take a proactive approach in focusing on the prevention of intimate partner violence.”

I would like to focus on two actionable, concrete ways to prevent two specific behaviours or components of coercive control: online harassment and revenge porn. In nearly nine years of power, the Liberal government has not taken material action to address the growing threat and breadth of online harassment, particularly as it relates to coercive control. The government's recently introduced and widely criticized Bill C-63, which many experts say would force Canadians to make trade-offs between their charter rights and their safety, does not adequately address the issue of women who are subject to a pattern of abusive behaviour online. Even if it did, today the minister admitted in the Toronto Star that the bill's provisions, which rely on the creation of an onerous new three-headed bureaucracy, would take years to functionally come into force.

Canadian women do not have time to wait for the minister's foot-dragging. Online harassment has been an issue for years, and the government has not ensured that our laws have kept pace with this issue. For evidence of this, I encourage colleagues to read the Canadian Resource Centre for Victims of Crime's guide to cyberstalking, which admits as much, saying that, when victims seek to report incidents of cyberstalking, “individual officers may be unfamiliar with the crimes or technology in question and may be uncertain about how to proceed.”

Indeed, last month, an article was released that was headlined, “RCMP boss calls for new politician anti-threats law”. It cited the need for more provision to protect politicians from online harassment. I asked myself, if the RCMP cannot protect me, how are they going to protect anyone in my community from the same threat? We should all reflect upon this issue because across Canada, at this very moment, women are receiving repeated, unwanted, harassing digital communications, and the best that many victim services groups can do to help, because of government inaction, is offer advice on how they can attempt to be less of a victim.

Women should not have to alter their behaviour. Potential harassers should be held to account, and their behaviour should be de-escalated before it escalates into physical violence. To do this, I encourage parliamentarians in the other place to consider the following in their review of this bill. They should ask the government to create a new criminal offence of online harassment that would update the existing crime of criminal harassment to address the ease and anonymity of online criminal harassment, which groups, in the deliberation of this bill, have noted as a component of coercive control.

Specifically, this new provision would apply to those who repeatedly send threatening or sexually explicit messages or content to people across the Internet and social media when they know, or should know, that it is not welcome. This could include aggravating factors for repeatedly sending such material anonymously and be accompanied by a so-called digital restraining order, which would allow victims of online criminal harassment to apply to a judge to identify the harasser and end the harassment. This would give police and victims clear and easy-to-understand tools to prevent online harassment and also prevent the escalation of this abuse to physical violence.

It would also allow for national awareness and education campaigns to be developed on what happens when someone criminally harasses somebody online. This would address a major issue of intimate partner violence and make it easier to materially and concretely stop coercive control. Members of the governing Liberal Party agreed to the need for these measures in a recent meeting of PROC related to the online harassment of elected officials.

In addition, the government must do more to address so-called revenge porn as a component of coercive control. An academic article entitled “Image-Based Sexual Abuse as a Means of Coercive Control: Victim-Survivor Experiences” states:

Victim-support advocates and domestic violence sector workers have increasingly acknowledged the role that image-based sexual abuse plays in the perpetuation of intimate partner abuse.... Image-based sexual abuse refers to the non-consensual taking or sharing of nude or sexual images (photos or videos), including making threats to share intimate images.... In the context of an intimate relationship, image-based sexual abuse can include any of the following acts: taking or sharing nude or sexual images without consent; threats to share intimate images to coerce a partner into sharing more intimate images or engage them in an unwanted act; and/or recording and or disseminating of sexual assault imagery.

However, colleagues, this has become even more of a concern given the advent of deepfake intimate images. I have been raising this issue in the House for over a year, and the government has still not moved to update the definition of “intimate images” in Canada's Criminal Code to specifically include deepfake intimate images. This component is not in Bill C-63.

This inaction is already harming women. A Winnipeg high school student had deepfaked intimate images circulated against her; no charges were filed, likely because of the gap in our law. As it relates to coercive control, can members imagine how easy it would be for an abuser to create so-called revenge porn to use against their victim using online technology? The government must act now, but if it will not, we parliamentarians must. Therefore, I ask members of the other place to consider the following in the review of their bill.

They should consider updating Canada's existing laws on the non-consensual distribution of intimate images to ensure that the distribution of intimate deepfakes is also criminalized via a simple definition update in the Criminal Code. This could be done easily and likely with all-party support in this place. It is shameful that the government has not moved to do that to date. In addition, the government admitted today in the Toronto Star that it is committed to dogmatically sticking with Bill C-63 as its only way to address online harms. This is despite widespread criticism and despite admitting that even the few supportable provisions in the bill would not come into force for years. Therefore, we in the opposition must look for ways to address these issues outside the government, particularly since online harm is a growing component of coercive control.

In addition to what I have already suggested, as parliamentarians, we should address the broader issue of online harms by doing things such as precisely specifying the duty of care required by online platforms. This should be done through legislation and not backroom regulation. The duty of care could include mechanisms to provide parents with the safeguards, controls and transparency to prevent harm to their kids when they are online; mechanisms to prevent and mitigate self-harm, mental health disorders, addictive behaviour, bullying and harassment, sexual violence and exploitation, and the promotion and marketing of products or services that are unlawful for minors; and mechanisms to implement privacy-preserving and trustworthy age verification methods, which many platforms have already built, to restrict access to any content that is inappropriate for minors while prohibiting the use of a digital ID in any of these mechanisms.

As well, we require mechanisms to give adults a clear and easy-to-use way to opt out of any default parental controls that a duty of care might provide for. Then, through legislation, we should ensure the appropriate enforcement of such measures through a system of administrative penalties and consequences by government agencies and bodies that already exist. In addition, the enforcement mechanisms could provide for the allowance of civil action when duties of care are violated in an injurious way.

To address coercive control, we need to address online harassment. I hope that colleagues in the other place will consider the suggestions I have made to do just that.

Business of the HouseOral Questions

June 6th, 2024 / 3:20 p.m.


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Gatineau Québec

Liberal

Steven MacKinnon LiberalLeader of the Government in the House of Commons

Mr. Speaker, there is indeed a secret in the House, and that is the Conservative Party's true intentions when it comes to cuts. “Chop, chop, chop,” as my colleague from Gaspésie—Les Îles-de-la-Madeleine so aptly puts it. That party wants to cut social programs and the programs that are so dear to Quebeckers and Canadians: women's rights, the right to abortion, the right to contraception. The Conservatives want to scrap our government's dental care and pharmacare plans. The secret is the Conservative Party's hidden agenda, which will do great harm to all Canadians.

With our government's usual transparency, this evening we will proceed to report stage consideration of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments, and Bill C-40, an act to amend the Criminal Code, to make consequential amendments to other acts and to repeal a regulation regarding miscarriage of justice reviews, also known as David and Joyce Milgaard's law.

Tomorrow, we will begin second reading of Bill C-63, 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.

I would like to inform the House that next Monday and Thursday shall be allotted days. On Tuesday, we will start report stage of Bill C-69, the budget implementation act. On Wednesday, we will deal with Bill C-70, concerning foreign interference, as per the special order adopted last Thursday. I wish all members and the House staff a good weekend.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 11 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I think the track record of the previous Harper government, in which the Leader of the Opposition played a part in its cabinet, is demonstrably curious with respect to that barbaric cultural practices hotline suggestion, with respect to interdictions on the citizenship ceremonies and what people could wear, and with respect to approaches towards settlement of Syrian refugees and who would be selected for settlement in Canada and who would not. The track record is not an enviable one.

On this side of the House, we stand completely opposed to such policies and have implemented policies that are vastly different. That includes challenging Islamophobia. That includes funding for the security infrastructure program to protect places of worship. That includes Bill C-63, which would tackle Islamophobia head-on and help keep all Canadians safe.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:55 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I think that is actually appalling, given where we are with the alarming rise in anti-Semitism post October 7. We need to be doing everything we can to shore up the Jewish community and its need for safety and security at this time.

Apropos of that, I find it very troubling that the opposition articulated by the Leader of the Opposition to a bill that I am shepherding through this chamber, Bill C-63, was so vociferous that he did not even wait to read the document. He came out against it before it was even tabled. This is the very same document that groups like CIJA have gone on record about, saying that if we tackle online hatred, we will help them stop anti-Semitism online from turning into real-world consequences in the physical world.

Bill C-63 is critical for the safety of the Jewish community, as it is critical for many vulnerable groups, including Muslims and Arabs in the LGBTQ community, the Black community and the indigenous community. That is what we need to stand for as Canadians. That is what the opposition leader is standing against.

Department of Justice—Main Estimates, 2024-25Business of SupplyGovernment Orders

May 23rd, 2024 / 10:20 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I would be very open to looking at what is transpiring in California. Centring victims at the heart of our criminal justice strategy is important, and we have been attempting to do that with respect to victims of hatred, through the online hate bill; victims of child sex predation, through Bill C-63; victims of intimate partner violence, through our changes to the bail regime, not once but twice, through Bill C-48 and Bill C-75; and fundamentally, victims of gun violence in this country, through bills like Bill C-21, which would put a freeze on handgun sales and ensure tougher penalties with respect to things like gun trafficking. These are important provisions, but I am definitely willing to entertain suggestions about what California is doing and look at whether the model could be brought over.