Mr. Speaker, this definition would apply to the two hate propaganda offences in section 319 of the Criminal Code that have the term “hatred” as an element of the offence, as well as the proposed new hate crime offence. The definition would put into statutory language the high bar that the Supreme Court of Canada has found is required to constitute hatred in this context. It means an emotion that involves “detestation or vilification”. A message that “discredits, humiliates, hurts or offends” another, no matter how unpleasant that message might be, does not meet this high bar. There is a category of online language that we call “awful but lawful”.
The bill will also amend the Criminal Code to create a new peace bond to prevent the commission of hate propaganda offences and hate crimes. This peace bond is modelled on other peace bonds in the Criminal Code that are designed to prevent certain crimes. For example, there is one to prevent the commission of terrorism offences and another to prevent offences related to organized crime.
Bill C-63 would also include new provisions to better denounce and address hate-motivated conduct. For instance, it would increase the maximum punishment for all hate propaganda offences when prosecuted as indictable offences.
It is important to note that this bill will create a separate hate crime offence. This new offence will apply to any offence when it is motivated by hate based on specific criteria, such as race, colour, religion, ethnic origin or gender identity or expression. The maximum sentence will be life imprisonment. This offence will recognize the serious harm caused by offences motivated by hate — harm to victims, harm to their community and harm to Canadian democracy in general. Although the maximum sentence for this offence is life imprisonment, independent judges will determine the appropriate sentence based on the facts of the case and the principle of proportionality in sentencing.
I strongly support this proposed change. It would respond to repeated calls for stronger hate crime laws in the Criminal Code. It would send a clear message that the government, and indeed all parliamentarians, strongly condemn and denounce any crime committed with a hate motive. Quite simply, harming others out of hatred has no place in our society and our laws should reflect this.
It would also allow us to better understand and address hate-motivated crimes by allowing better identification and tracking of individual offences.
Finally, I turn to the amendments outside the criminal law. This bill proposes amendments to the Canadian Human Rights Act that would empower individuals and groups to obtain effective remedies against other users who post hate speech online. An improved section 13 of the CHRA would provide that it is a discriminatory practice to communicate hate speech online. Complaints would be filed with the Canadian Human Rights Commission, which would screen them out of or into the process under the Canadian Human Rights Act.
Respondents might recognize at this point that the content was hate speech and take it down. Otherwise, the commission would decide whether to send a complaint for adjudication to the Canadian Human Rights Tribunal. After a fair hearing, if the tribunal upheld the complaint, it would order the respondent to remove the hate speech. In special cases, the tribunal would be able to order compensation to victims personally identified in the hate speech and may award a monetary penalty, if needed, to ensure compliance with the law.
In any event, the purpose of the CHRA is not to punish but to remedy. Section 13 is not criminal law and it does not establish an offence.
Some members may recall that Parliament repealed an older version of section 13 of the CHRA a decade ago. That repeal took away an important tool for combatting hate speech online. In that time, we have seen why Canadians need this tool. We consulted widely to understand the perceived problems with the former section 13. As a result, these amendments include a number of improvements. Specifically, “hate speech” is now clearly defined and the commission would rapidly dismiss complaints that do not satisfy this definition. Complainants and witnesses may be given confidentiality where needed in order to protect them from reprisals. Further, the tribunal would have more control over litigants who abuse the process.
These amendments to the Canadian Human Rights Act provide effective recourse in individual cases of hate speech, alongside the more systematic regulation of social media platforms under the online harms act.
I would like to conclude my speech by pointing out that this bill also addresses the extremely worrying cybercrime of child pornography. In 2011, Canada passed An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service. This bill will modernize that legislation to respond to the rapid societal and technological changes that impact how child pornography is created and distributed. Among other things, the law will clearly stipulate that it also applies to social media and apps.
These are important changes for everyone in this country, especially with the rise of the Internet and online social media networks. I encourage all members to support this groundbreaking legislation, Bill C-63.
