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.

Elsewhere

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

December 4th, 2024 / 5:30 p.m.


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President and Chief Executive Officer, Canadian Women's Foundation

Mitzie Hunter

I don't think we can expect that governments are going to know everything and have all the answers at all times. What governments can do, which we're doing today, is convene. We can bring in those who have that knowledge, technical expertise and lived experiences. They can really inform policies that the government has to be accountable for legislating.

Governments have a very profound obligation to listen to groups and individuals who may be the most impacted and who may not feel that they can come into these environments. Consultation and having their voices heard are very important. In our work, we talk to people who are excluded, feel marginalized and are concerned about their ability to be safe, whether online or in public spaces.

You talk about psychological safety. One of the aspects is young people and children. There are obligations to.... Bill C-63 actually goes quite far in protecting those vulnerable groups that need protection online. We see rates of suicide, for instance, among young people increasing.

It is our responsibility to protect all people and ensure that all spaces are safe for all people.

December 4th, 2024 / 5:25 p.m.


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Professor of Law, Queen's University, As an Individual

Bruce Pardy

Sure.

In the text of Bill C-63, they have tried to draw a line between hate speech on the one side and offensive speech on the other, saying that offensive speech is okay but that hate speech is not okay. That sounds reasonable, but of course, nobody knows where the line is.

If you are speaking in a way that some people would regard as offensive, there is no guarantee whatsoever that on a particular occasion, a tribunal or a court is not going to say, “Well, no, that is hate speech, and you're liable.” As soon as you go down the road of the government deciding that you're not allowed to say certain things—which don't violate anybody else's rights, as you're not threatening violence—you're into dangerous territory in which freedom of speech is actually not being observed.

Damien Kurek Conservative Battle River—Crowfoot, AB

I apologize. Time is short, but I just want to nail down....

One of the aspects of Bill C-63 is that it changes the definition of hate speech. It moves it from the current objective measure, which is causing violence or harm to.... It could be things that involve offence or the feeling of hurt.

I'm wondering if you could unpack that a little bit in about a minute, and then I have one follow-up question that I want to make sure I get in before the six minutes are up.

Bruce Pardy Professor of Law, Queen's University, As an Individual

Thank you, Madam Chair.

Your committee is studying how the government should protect free speech. This seems to me to be quite a strange question for you to be studying, because the answer seems obvious and because, for years, the federal government has been doing the opposite. Free speech is a right we hold against government. Free speech means the right to be free from government limits on speech. If governments did nothing, we would have free speech. Governments protect free speech by getting out of the way.

Therefore, if you want to protect free speech, stop limiting speech. Defeat Bill C-63, the online harms act. Repeal Bill C-18, the Online News Act. Repeal Bill C-11, the Online Streaming Act. Repeal the gender amendments to the Canadian Human Rights Act from the old Bill C-16, and so on. If you want to protect free speech, stop limiting speech. As Winston Churchill put it, there is nothing government can give to you that it hasn't taken from you in the first place.

Mitzie Hunter President and Chief Executive Officer, Canadian Women's Foundation

Thank you, Madam Chair.

Thank you for the opportunity to address the committee today on this very important issue of freedom of expression, which is something that all Canadians hold as part of their individual rights.

My name is Mitzie Hunter. I am president and CEO of the Canadian Women's Foundation. I thank you for the opportunity and the invitation to appear before this committee. I join you today from Toronto, on the traditional territories of the Mississaugas of the Credit, the Anishinabe, the Chippewa, the Haudenosaunee, the Wendat and the many other nations that have stewarded this land.

The Canadian Women's Foundation has been a national leader in advancing gender justice and equality for over 30 years. As a public foundation supported by donations, we've contributed more than $262 million to support over 3,300 life-transforming programs across Canada addressing gender-based violence. It's key and fundamental to the work that we have been doing for decades. The opportunity to talk about freedom of expression now, but also as we project into the future, is vital.

While the Canadian Charter of Rights and Freedoms protects freedom of expression, it has long been recognized that this is not an unlimited right. The Canadian Women's Foundation has become increasingly engaged in work to prevent digital harm, because we know that it is often gendered. Hateful and harmful speech in public spaces, media or online often targets women, trans people and non-binary people.

Online hate not only silences people online but discourages dialogue on gender-based violence more broadly. Impacts can be devastating. Survivors face psychological, physical and economic harm. The resulting lack of safety leads many to self-censor or to leave digital spaces, making it a threat to their freedom of speech, democratic engagement and, I would also add, economic opportunities. With research suggesting that one in five women experiences online harassment and that there is a much higher risk for people from marginalized communities, this must be addressed.

Our challenging digital harms initiative is examining online harassment against women and gender-diverse people. Preliminary research results confirm disproportionate impacts of digital harm on women and gender-diverse people with intersecting identities. They reveal that 71% of women and gender-diverse people in Canada think of social media as a public space, similar to the definition of “public place” in section 319 of the Criminal Code. Indigenous, racialized, trans and non-binary communities and people with disabilities experience more negative effects from online violence than do people who are not from those communities.

People most often name the police, lawmakers, policy-makers and the government as those with the most responsibility to stop online violence against women, girls and gender-diverse people. Yet, among those who experience online violence, 55% say that police were ineffective, 53% say that government services were ineffective, and 61% say that lawyers were effective. Canadians expect violence on social media to be handled like violence in other public spaces, and their expectations of police and law enforcement are clearly not being met.

I want to draw attention to Bill C-63, the online harms bill, because it signals that online harms are finally being taken seriously. We recognize legitimate fears of curtailed online freedoms, risk for marginalized communities as police targets, and censoring of diverse voices online. Community consultation with indigenous, Black, racialized and 2SLGBTQIA+ communities is needed, as is disaggregated data that highlights intersectional experiences, because not all groups experience things the same. Bill C-63 also seeks to address the lack of a consistent definition of hate speech, which currently complicates efforts to craft effective policies to address online harm.

JusticeOral Questions

December 4th, 2024 / 3:10 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, as we have indicated, we are very open to discussing, debating and moving forward on this issue. We recognize that there is no simple or easy solution to this. This is a partial solution, but we must continue to work together.

That is why we introduced Bill C‑63, which addresses online hate, protects our children and will be part of the solutions across the country to combat hate and discrimination, especially online.

We have work to do in the House. Why will the Bloc Québécois not stop the Conservatives from continuing their filibuster?

JusticeOral Questions

December 4th, 2024 / 2:50 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, the Bloc has just demonstrated its openness. We would like to see a similar openness extend to initiatives to protect the health care system for the most vulnerable, but this work is being blocked by the Conservative filibuster. We would like to expand dental care, but that work is being blocked by the Conservative filibuster. We would also like the Bloc Québécois to unblock Parliament so we can work on our online harms bill, Bill C‑63, which will protect people across the country, especially children.

We would love to have all these debates in Parliament, but unfortunately, the Bloc Québécois continues to allow the Conservatives to obstruct the work—

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

December 3rd, 2024 / 5:25 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, it is always an honour to rise on behalf of the outstanding constituents of Oshawa and to speak to the question of privilege. I just want to take the opportunity as well to wish members of the House and my constituents in Oshawa a very Merry Christmas. I do not know whether I will have an opportunity to rise in the House again before the break, but certainly we need some more Christmas spirit around here. I think the best Christmas gift we could get the people of Oshawa would be a carbon tax election, because the government is not worth the cost or the corruption.

My speech this evening is going to be more or less about censorship, disinformation and misinformation. The Liberal government is moving down a spiral of authoritarianism. It is a very deceptive government that is definitely not about transparency as it originally promised it would be. It is a government using every single legislative tool to censor and to control.

Around the world, government censorship is constantly being used to silence opposing opinions, suppress transparency and accountability, and consolidate power. We see this form of government censorship in several countries: Russia, China, North Korea and, yes, Canada. After nine years of the NDP-Liberal government, we are witnessing a new level of government censorship more than ever before in Canada. The issue today is about contempt of Parliament and about fraud.

The government's censorship threatens the very foundations of our democracy. Without the ability to demand production of documents, speak our mind, express our views and challenge the status quo, we are left with nothing but the hollow illusion of freedom. The government censorship we are witnessing here today is not about protecting Canadians from harm or ensuring public safety. Instead it is about silencing dissent, shutting down debate and consolidating power. It is about covering up corruption and fraud.

With respect to the question of privilege, we are addressing government censorship regarding the failure to produce documents ordered by the House on the scandal involving Sustainable Development Technology Canada, otherwise known as the Liberal billion-dollar green slush fund. However, while the power of the House is supposed to be supreme, the Prime Minister's personal department, the Privy Council Office, decided to execute the order by telling departments to send in documents and censor them through redaction to cover up corruption and to cover up fraud.

This form of government censorship completely breaches a member's privilege because the order from the House did not say to redact. The government has opted to defy the House and to censor information in the SDTC documents at every single step of the way, as it does not want Canadians to know that through the green slush fund, $400 million has gone to Liberal insiders. It may be twice that amount because the Auditor General could not complete the full audit.

The scandal as well, it is really important to recognize, compromises two current cabinet ministers and one former cabinet minister. I would like to say that it is a surprise that the government would behave in this manner, but based on the government's track record, government censorship and fraud are nothing but the expected. In other words, for the government, it is business as usual.

Perhaps this is a very good time for my colleagues to talk a little bit about a history lesson. Remember the Liberal sponsorship scandal? The last time the Liberals were in power, they funnelled $40 million to their friends and orchestrated a sophisticated kickback scheme. Then they got caught at fraud, corruption and cover-ups.

The best predictor of future behaviour, I would suggest, is past behaviour. Is the SDTC scandal part of the latest Liberal kickback scandal? Where did the money go? This one scandal is at least 10 times greater than the sponsorship scandal. It is another in a long list of scandals that the Liberals are trying to cover up through censorship.

I should probably define what I mean by censorship. Censorship is “the suppression or prohibition of any parts of books, films, news, etc. that are considered obscene, politically unacceptable, or a threat to security.” I would suggest “politically unacceptable” is why the Liberal-NDP government champions censorship. I should probably define a few other terms. Misinformation is “the inadvertent spread of false information without intent to harm”. Disinformation is “false information designed to mislead others and is deliberately spread with the intent to confuse fact and fiction.”

Another word is a controversial new term, malinformation, used to describe the NDP-Liberal government, a “term for information which is based on fact, but removed from its original context in order to mislead, harm, or manipulate.” In other words, malinformation is “true but inconvenient” for the government and its narrative.

Under the guise of combatting disinformation and hate speech, the government has implemented policies that give it the power to silence voices, censor information and withhold documents that do not conform to its own woke ideological agenda. This censorship is spreading across Canada, through our institutions, not just here in the House of Commons.

We saw this last week when independent journalist Ezra Levant was arrested for simply filming and reporting on a pro-Hamas rally occurring in his own neighbourhood. Instead of arresting provocative pro-Hamas supporters who spewed hate, celebrating genocide while chanting “from the river to the sea”, an independent member of the press was arrested for simply doing his job, arrested by the very police who have sworn to protect his charter rights.

We wonder why Canadians are questioning whether this is the country they grew up in. When a Jewish man gets arrested by Toronto police in his own neighbourhood while supporting a vigil for families whose loved ones were massacred and kidnapped on October 7, while members of the hateful mob are allowed to continue their mockery of the victims' suffering, we have to ask ourselves why the government condones this hateful behaviour, censors first-hand accounts of cruel anti-Semitism and supports police who discriminate. When governments and our institutions condone this behaviour, it is as if they give a stamp of approval, and that definitely is not okay.

What about the government's history of pushing through authoritative legislation? Let us take a look at that. Bill C-11, the Online Streaming Act, according to the NDP-Liberals, aims to modernize the Broadcasting Act. However, it harms Canadian digital creators by limiting their services and ability to reach global audiences. It also allows the government boundless powers to regulate digital content and gives it the authority to control what Canadians can and cannot access online.

This is a direct assault on the freedoms of expression and access to information that have flourished in this digital age. Instead of letting Canadians choose for themselves what to watch and listen to, the government seeks to impose its own narrative, prioritizing state-approved content over independent voices and diverse viewpoints. Our young, bright Canadian content creators are being stifled. If other jurisdictions also decide to put forward legislation like this, it will mean Canadian content will be a lower priority for the rest of the world and that could damage our entertainment exports.

The government's censorship does not stop there. Bill C-18, the Online News Act, also allows the government to get in the way of what people can see and share online. This bill requires Internet companies to distribute royalties to newspapers whose content is shared on a site. It demonstrates the government choosing to side with large corporate media while shutting down small, local and independent news, as well as giving far too much power to the government to regulate without limitation. As a result, local and independent media outlets that might challenge the government's narrative are left vulnerable, and those that conform are rewarded.

Common-sense Conservatives believe we need to find a solution in which Canadians can continue to freely access news content online, in addition to fairly compensating Canadian news outlets. However, when we offered amendments to the bill that would address these several issues, the NDP and the Liberals voted them down.

Bill C-63 is another testament to this government's continuous commitment to censorship. The online harms act would create costly censorship bureaucracy that would not make it easier for people experiencing legitimate online harassment to access justice. Instead, it would act as a regulatory process that would not start for years and would happen behind closed doors where big-tech lobbyists could pull the strings.

The common-sense Conservative alternative to the online harms act is Bill C-412, proposed by my colleague from Calgary Nose Hill. It would keep Canadians safe online without infringing on their civil liberties. It would give Canadians more protections online through existing regulators and the justice system, and would outline a duty of care for online operators to keep kids safe online while prohibiting a digital ID and giving parents more tools.

For another outrageous example of withholding documents and censoring information, let us not forget the cover-up at the Winnipeg lab. The Liberals allowed scientists loyal to the Chinese Communist Party to work at our most secure lab. The Liberals gave them a Canadian taxpayer-funded salary and allowed them to send dangerous pathogens back to the Wuhan Institute of Virology, where they work on gain-of-function research. When exposed, the Liberals, whom we know admire the basic dictatorship of China, let these scientists escape the country without proper investigation. When Parliament asked for these documents, the Liberals actually took their own Liberal Speaker to court and then censored our ability to disclose those documents by calling an early election. We still have not found out what happened there.

On top of censoring Parliament, let us not forget about the NDP-Liberal government's track record of censoring individual expression. We have seen countless individuals, physicians, scientists and organizations being punished for simply speaking out against the current government's policies. The government froze bank accounts. People were labelled as promoting hate speech and disinformation, or as conspiracy theorists, racists and misogynists, by their own Prime Minister.

We were warned that this could happen. In one of his final interviews, esteemed scientist Carl Sagan noted, “We’ve arranged a society on science and technology in which nobody understands anything about science and technology, and this combustible mixture of ignorance and power sooner or later is going to blow up in our faces.”

Who is running science and technology in a democracy if the people do not know anything about it? We have seen this technocracy weaponized by governments during the COVID pandemic through various unjustifiable mandates and government censorship surrounding medical research. Now, the new head of the Food and Drug Administration in the United States, Marty Makary, has said on the record that the greatest perpetrator of misinformation during the pandemic was the United States government, and it is the same here in Canada.

The weaponization of medical research is not just an American issue. Dr. Regina Watteel, a Ph.D. in statistics, has written, an excellent exposé on the rise of Canadian hate science. Her books expose how the Liberal government, through repeated grants from CIHR, the Canadian Institutes of Health Research, hired Dr. David Fisman, a researcher for hire from the University of Toronto medical school, to manipulate COVID statistics to support a failing government policy.

He was touted as an expert, but his only expertise was manipulating statistics to support government overreach. His sham studies were used to justify some of the most draconian COVID policies in the world and were quoted extensively by the Liberal-friendly media. Any criticism of Fisman's fraudulent statistical analysis has been shut down and censored. Again, this is a Canadian example of a result that Carl Sagan warned us about decades ago: the fall into technocracy, where government-sanctioned expert opinion trumps hard scientific data.

Sadly, the government's censorship has now extended to our judicial systems and other institutions, including the Parole Board of Canada.

While the Liberal justice minister brags about appointing 800 judges out of the 957 positions, we can see the soft-on-crime consequences of his woke ideological agenda. We saw an outrageous example of this last week when the French and Mahaffy families desired to participate in the parole hearing of their daughters' brutal murderer. Locally, Lisa Freeman, a constituent in Oshawa and the inspiration behind my private member's bill, Bill C-320, was recently informed by the Parole Board of Canada that the axe murderer who brutally murdered her father while on parole at the time will be subject to a closed-door review.

In the past, Ms. Freeman has been denied her rights as a registered victim and, as a result, has been continually revictimized, only this time by the very institutions that should be putting her mental health and safety and the safety of victims first. Attending and meaningfully participating in an in-person hearing to deliver a victim statement is not only fair and reasonable, but well within Ms. Freeman's rights, as per the Canadian Victims Bill of Rights under the right of participation. It is crucial that Ms. Freeman be able to express the emotional pain and turmoil the murder of her father caused and continues to cause. She also deserves to be able to gauge for herself the accountability of the offender. This is something she has previously been unable to ascertain.

The brutal murder of her father has not only vastly impacted her life and the lives of her loved ones, but also continues to cause post-traumatic stress, which is exacerbated by the complete lack of care by the Parole Board of Canada for her rights as a victim. It is completely unacceptable that Ms. Freeman is once again being censored by the Parole Board of Canada as they plan to make a closed-door decision regarding the offender's continuation of day parole and full parole without holding a hearing.

It is shameful that the NDP-Liberal government seems to care more about censoring victims than keeping repeat offenders off the streets. What they do not understand is that government censorship does not fulfill the requirement of protecting people from harm in society. Instead, government censorship is the harm to society. It threatens our fundamental democratic values, which we should be championing. To quote the famous author, George Orwell, “Who controls the past controls the future: who controls the present controls the past.”

The Marxist communist Vladimir Lenin once said, “Why should freedom of speech and freedom of press be allowed? Why should a government which is doing what it believes to be right allow itself to be criticized? It would not allow opposition by lethal weapons. Ideas are much more fatal things than guns. Why should any man be allowed to buy a printing press and disseminate pernicious opinions calculated to embarrass the government?”

More and more we are seeing these quotes and Marxist ideas implemented under the NDP-Liberal government. We must stand up for the idea that truth is not something that can be determined by the state. We must insist that Canadian citizens, not censoring politicians, should be the ones who decide what information they believe, what opinions and values they hold and with what content they engage. We must continue to reject the government's idea that censorship is the solution to every problem, though it may be the solution to their problems, and instead embrace the idea that freedom of expression and freedom of conscience are part of the solution of a more free and prosperous Canadian society.

Justice Potter Stewart said, “Censorship reflects a society's lack of confidence in itself. It is a hallmark of an authoritative regime”. That is what we see with the tired, divisive, Liberal government of today. Canadians have indeed lost confidence in the weak Prime Minister and the corrupt Liberal Party. If we allow government to censor the rights of the people's elected representatives and the Internet; squash individuality, opinions and expression; and curtail our freedom of movement, then indeed the Marxists have won the ideological war.

In closing, Canada is not the greatest country in the world simply because I say it is. Canada is the greatest country in the world because we care and fight for our fundamental, democratic values. We have a history of that people from around the world in other countries would love to have, so these values must not be taken for granted. When we, in Oshawa, sing our national anthem, we take “The True North strong and free” to heart.

The current SDTC scandal, with the refusal of the NDP-Liberal government to release the requested unredacted documents to the people's representatives, threatens the very essence of our democracy, which generations of Canadians died to protect and must be respected and fought for. At our cenotaphs, service clubs and in the sacred House of Commons, the people's voices will be heard.

Canadians are listening today, and they have a core identity. We are proud Canadians. We are not the first post-national state. When people ask us which country we admire the most, we do not say that we admire the basic dictatorship of China. We say we admire Canada.

Hopefully, like most things that criticize the government, such as this speech, the Liberal-NDPs do not decide to censor it. Let us see what they have to say.

JusticeOral Questions

December 3rd, 2024 / 2:40 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I completely agree with the Bloc Québécois's suggestion. This bill addresses a terrible situation in Canada, with hate and hate crimes on the rise across the country, both in Quebec and the rest of Canada.

To free up the House so that we can advance our debate on this bill, we would like the Bloc Québécois's help. I also want to point out that Bill C‑63 already addresses the aspects and sections of the Criminal Code targeted by this bill. If Bloc members are interested in co-operating with us on efforts to combat hate, we are all with them all the way.

Marco Mendicino Liberal Eglinton—Lawrence, ON

Thank you, Madam Chair.

Thank you to the officials for appearing this afternoon.

I would like to focus my questions on Bill C-63. The context for this legislation is the Government of Canada's concern about the alarming rise of online harm and crime.

I will begin by pointing out that the prevalence of online harm has continued to increase over the last number of years. In 2022, a Canadian Internet youth survey revealed that 71% of Canadians between the ages of 15 and 24 had been exposed over the previous 12 months to online content inciting hatred or violence. In that same year, the uniform crime reporting survey reported 219 cyber-related hate crimes, which was up from 92 reported incidents in 2018.

I will highlight a few other important statistics. Between 2014 and 2022, police reported 15,630 incidents of online sexual offences against children and 45,816 instances of child pornography. In 2022, police in Canada received 2,524 reports of non-consensual distribution of intimate images online. A 2020 study by the U.K.-based Institute for Strategic Dialogue found that Canadians were sharing white supremacist, misogynistic and other radical content in more than 6,600 online channels and that Canadians were proportionally more active in such channels than other users abroad.

I've taken the time to go through these statistics in order to underline the importance of this legislation. Among other things, the bill identifies and provides definitions for seven types of harmful content, many of which are directly responsive to the alarming trends around online harm, violence and crime that I have just elucidated. Those seven types of harmful content include content that foments hatred, content that incites violence, content that incites violent extremism or terrorism, intimate content communicated without consent, content that induces a child to harm themselves, content that sexually victimizes a child or revictimizes a survivor, and content used to bully a child.

In my remaining time, I would like the officials to expand on how they see these provisions, once implemented, being able to be deployed by law enforcement for the purpose of reversing the trends that I have identified, which are some of the main reasons it is so important that we study this bill and pass it into law.

I'll open the floor to whoever wants to take the question.

Chris Bittle Liberal St. Catharines, ON

They're still heckling as we talk about issues like the charter and the Constitution. The Conservatives are completely unserious when it comes to issues of the Constitution.

I'm wondering if you could discuss the online harms bill, which I know you have before the House. Hopefully, the House will get back to its regular business. I've had the opportunity to meet with a lot of parents on this subject. I know everyone around this table is concerned about what's online and what's out there. We even heard Conservatives on that. They had a lengthy filibuster during their own bill, but one of the themes they talked about, significantly, was the takedown provision for the Internet, even though the private member's bill they were filibustering didn't have that provision.

Could you talk about the provisions of the online harms act and how they will make Canadians safer? I know a lot of parents are concerned about that.

December 2nd, 2024 / 3:55 p.m.


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Director, Research and Advocacy, B’nai Brith Canada

Richard Robertson

B'nai B'rith will be submitting a submission to the committee in advance of the deadline. Our seven-point plan will be contained within our submission.

In response to your query regarding the online harms bill, any legislation that is passed to combat online harms must confront the reality facing the Jewish community here in Canada—but other Canadian communities as well—which is that our digital space has become a toxic cesspool, for lack of a better term, which is enabling the promotion of hate online.

It is integral that any balancing act between freedom of expression and other competing constitutional and quasi-constitutional rights take into account this new sphere, which I consider to be the Wild West. We need legislation in place that will protect against the spread and dissemination of hate online.

Anna Gainey Liberal Notre-Dame-de-Grâce—Westmount, QC

I'm wondering, because you mentioned your seven-point plan, if that's something you could submit to the committee in writing, perhaps after the meeting, just so we have that in its full form. That would be helpful for us.

Could we talk for a minute about the online harms bill? It seems to align with the IHRA principles to combat hate online.

How do you see this legislation balancing the need to address anti-Semitism and online hate with ensuring that the platforms also remain spaces for free expression?

December 2nd, 2024 / 3:40 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice

Thank you, Madam Chair, and members of the committee.

I'll be presenting today key items from the 2024-25 supplementary estimates (B) for the Department of Justice. This funding will make a real difference for people in this country who interact with our justice system, including victims. These items fit into our government's broader plan to increase affordability, provide social supports and create a better Canada.

Access to justice is a top priority of mine. To this end, I've put considerable time and effort into filling judicial vacancies. I've appointed 178 judges since I became minister. During my first year alone, I appointed 137 judges. The previous annual record was 107. Right now more than 96% of the judicial positions across the country are filled.

A robust legal aid system is another key pillar of access to justice. I believe legal aid provides fair representation. It ensures the smooth functioning of the court process and ensures that cases are heard in a timely manner. This year's supplementary estimates (B) provide $80 million for criminal legal aid for provinces and territories and $71.6 million for immigration and refugee legal aid services. This funding will pave the way for greater access to justice for indigenous persons, for individuals from Black and other racialized communities and for those with mental health issues, all of whom are overrepresented in the criminal justice system.

If these supplementary estimates do not pass in Parliament, this critical support will be jeopardized. That needs to be understood by all committee members. Justice will not be served and people will suffer, particularly victims of crime. I know there are colleagues at this table who care about these issues, but I also know that some people may be instructed to oppose these measures.

To my Bloc and NDP colleagues, I think we know how some members will vote on these measures, including the official opposition. I'm looking to you to ensure that the estimates are able to come to a vote and pass.

I would like to point out other areas in which the supplementary estimates provide essential support for Canadians.

This will support the provision of legal advice and information to individuals who have been sexually harassed in their workplace. Sexual harassment is a scourge that disproportionately affects women. Statistics Canada tells us that one woman in four and one man in six have reported being victims of sexualized and inappropriate conduct in the workplace.

We also know that a large majority of incidents are not reported, which means that the real figures are probably higher. The $10.3 million in funding provided in these estimates would help to support people going through a traumatic time, in particular if they do not have the resources to pay for legal representation or if they are unaware of their rights.

The legal aid program would support access to free legal information and advice to anyone who believes they have been sexually harassed in the workplace. This is very important funding.

The official opposition asserts that they care about addressing gender-based violence. They are often very performative about it, but I expect that, yet again, they will follow their leader's instructions and vote against supporting victims of gender-based violence.

This funding dovetails with a concerted effort from our government to support women and curb sexual assault and gender-based violence. Gender-based violence is an epidemic in this country and it must stop.

This is why we passed laws requiring training for judges on sexual assault and intimate partner violence. I worked on it at this very committee. That was Bill C-3, which we called the Rona Ambrose law, from the 43rd Parliament.

We also strengthened the national sex offender registry with Bill S-12 in this Parliament and reformed publication ban laws to empower victims to tell their own stories. We toughened bail laws for intimate partner violence offenders in Bill C-75 and Bill C-48. We funded women's shelters and crisis hotlines so that victims are supported in their time of need. We will continue to do everything we can to end sexual harassment and gender-based violence in Canada. I'm proud that this funding will contribute to this very important goal.

The online harms act will concretely tackle online sexual violence. For the first time, we are mandating that online platforms do their part to keep people in Canada, especially children, safe online. We are ensuring that child sexual exploitation material and non-consensual intimate images, including deepfakes, are subject to a takedown order. Online platforms will no longer get a free pass for hosting vile content. Women and girls across Canada are being intimidated and harassed online. We've seen children pass by suicide because of online abuse.

Enough is clearly enough. In our increasingly online world, we do not have time to spare. We need to act intentionally. We need to pass Bill C-63.

I would now like to address another subject that is important to Canadians: protecting tenants. We know that housing is one of the main sources of stress for Canadians right now, and this is particularly true for tenants.

Rising rents, renovictions and the lack of opportunities when it comes to housing availability are pushing tenants to leave their communities. Tenants also face unique challenges when it comes to making sure that their housing is properly maintained and their landlord obeys provincial laws.

Tenants' rights and legal services organizations can help tenants work things out and overcome complex problems. Tenants facing threats to the security of their housing can feel especially powerless and alone.

This is why in budget 2024 our government proposed an investment of $50 million over five years to establish what we call a new tenant protection fund. Our government has made substantial advancements in housing. We know everyone deserves an affordable place to call home. Our housing accelerator fund is making a real difference in communities across Canada. It is very unfortunate that Conservative members of Parliament have been barred by their leader from accessing these funds for their communities. That's unfair, and it's certainly not leadership. The tenant protection fund is just one of many elements of these supplementary estimates that will go towards building more housing.

Other items include $135 million for the Canada housing benefit to provide low- and moderate-income renters the ability to make ends meet. We're putting $99 million into the rapid acquisition of shelter space and deeply affordable housing. We're devoting $27 million to co-op housing development—a great way to increase affordable options for families. We will continue showing up for Canadians by rapidly building the housing we need.

I'd like to speak about one last item, which is new funding of $4.9 million through the estimates for victims and survivors of hate crimes. This funding is part of Canada's action plan on combatting hate. The action plan represents Canada's first-ever comprehensive, cross-government effort to combat hate.

Budget 2024 announced $29 million over six years, starting this year, to enhance or establish financial assistance and compensation programs for victims of hate-motivated crime. The funding would also help raise awareness in the judiciary about the unique dynamics of hate crime, and support the development and delivery of specialized training for Crown prosecutors on this very topic. We've seen an alarming rise in hate crimes in Canada. Horrible incidents of anti-Semitism have skyrocketed. Hate against the queer community is up. People don't feel safe in their own neighbourhoods. It is unacceptable and un-Canadian. We need to stamp out hatred in our communities and ensure perpetrators are held to account.

Bill C-63 is a key part of our plan to stop hatred in Canada. I was very proud to stand alongside the National Council of Canadian Muslims, the Centre for Israel and Jewish Affairs, the Canadian Race Relations Foundation and others when I introduced Bill C-63 in February of this year. I share the disappointment of many Canadians that this bill has been stalled in the House of Commons by partisan games. Bill C-63 creates tougher penalties for hate crimes and ensures there are mechanisms to hold people accountable for online hate that would not be acceptable in the off-line world. I am proud of this legislation, and I hope to see it progress soon.

Madam Chair and committee members, the appropriations requested through the supplementary estimates (B) are part of our government's larger vision of support, rather than cuts, for Canadians. I am committed to creating a justice system that is accessible, fair and efficient. I work every day towards achieving this goal. I hope all members of this committee will work to ensure this important funding flows to Canadians.

Thank you very much.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

November 29th, 2024 / 2:15 p.m.


See context

Conservative

Branden Leslie Conservative Portage—Lisgar, MB

Madam Speaker, it is always a privilege and a pleasure to rise in this place. On this particular issue, I rose last in early October to speak to the House about the Liberals' failure to turn over documents on the green slush fund as requested by the House of Commons' duly elected members and agreed to by the Speaker.

Two months later, it is pretty obvious the government is more concerned about what damage might emerge from handing over these documents and the consequences that may follow. Instead of moving ahead with its own agenda, as flawed as it may be, it is choosing to let this place live in gridlock. Then, from its ivory tower, it stands and lectures us on how our quest for transparency is impeding the business of this place.

There is a pretty easy solution to this. The Liberals could just hand over the documents, as requested by the elected members of this place. If they had done that by now, we would not be here today. I would not be speaking on this privilege debate today. They could do it today. Recognizing that my time will run short at adjournment, I will come back Monday morning to conclude my speech and take hopefully decent questions from members of the NDP-Liberal government. However, I am willing to sacrifice and cede that time if the government were to just do the right thing and hand over the documents. It is a Friday afternoon. It is a dump. The government can get rid of it. Maybe nobody will notice. The reason that it is obviously hiding the documents and refusing to do so is because it is very worried about those consequences.

I mentioned the legislative agenda of the government, if we want to call it that. Let us review where we are at to perhaps understand why it might not want to move forward with its own agenda.

Of course, the Minister of Justice has the Orwellian bill, Bill C-63, a widely panned piece of legislation that would see Canadians arrested for speech the Liberals deem impermissible, speech that they do not like. George Orwell's dystopian future is proving eerily correct under the Liberal government, with thought crime set to be added to our legal books should that bill ever pass.

Then we have Bill C-65, the electoral participation act, that is also under way in theory. Maybe we should call it by what it more appropriately would be, the “ensuring the leader of the NDP's pension act”. Since the NDP and the Liberals got together and cut some backroom deals to get another payout on the backs of hard-working Canadian taxpayers—