Good morning, Mr. Chair and committee members.
My name is Josh Dehaas. I'm the interim litigation director for the Canadian Constitution Foundation.
The CCF is a legal charity that defends Canadians' rights and freedoms through communications, public education and public interest litigation. Over the past few years, our biggest focus has become freedom of speech, freedom of expression.
Today, I want to talk about how the erosion of freedom of expression in Canada is harming civic resilience and offer five specific ideas on how Parliament can reverse this erosion.
First, I want to offer a very brief lesson on freedom of expression. We all know that we have this charter right, but do we really know what it means and why it matters?
The concept is pretty simple. Freedom of expression is the idea that governments do not get to decide what people can and cannot say—that is, what ideas we may or may not express. While it's acceptable to put limits on harmful forms of expression like nuisance noise or to prevent immediate physical consequences like violence, a truly free country does not censor ideas.
The CCF is doing its best to educate the public about this ancient freedom with our free high school course packs for civics teachers, our Not Reserving Judgment podcast, our freedom of expression book and our free expression course, available at theccf.ca/learn. Many of us fail to understand that freedom of expression is the oil that keeps the democratic engine chugging along.
As the Supreme Court has recognized, it's only when all of us are allowed to express our ideas freely, no matter how unpopular, distasteful or contrary to the mainstream, that we're able to get to the truth of matters and govern ourselves as a democracy.
Free speech is a necessary component of progress, because throughout history the majority viewpoint has so often turned out to be wrong. Galileo was persecuted for saying the earth revolves around the sun. Mahatma Gandhi was jailed for advocating against British colonial rule. Gays and lesbians were fired from government jobs for advocating for gay rights.
The reality is, when governments censor, it holds back progress for all of us.
Freedom of expression is also an essential component of human dignity. When people are told by their democratic institutions to be quiet, they no longer feel they have an equal right to participate in their democracy. This leads to frustration, anger, distrust and political polarization.
Censorship of social media is part of the reason so many people believe there's a secret cabal controlling them through the World Economic Forum. Censorship of information related to COVID-19 is part of what led to the extreme frustration of the “freedom convoy”.
In that spirit, I want to offer five ways for the government to help reverse this erosion and restore freedom of expression.
First, the government should repeal the Online News Act. The Online News Act has caused quality mainstream news stories to disappear from Facebook and Instagram. The result is that organizations like my own can't post op-eds or quality news stories, but dangerous demagogues can spread fact-free commentary and AI-generated slop.
Second, governments should repeal subsection 319(2.1) of the Criminal Code, which threatens imprisonment for the promotion of “antisemitism by condoning, denying or downplaying the Holocaust”. Parliament should resist calls to ban condoning, denying, downplaying or justifying the Indian residential school system.
Of course, this type of speech can cause pain, but punishing speech because it causes emotional pain is unconstitutional. As Justice Beverley McLachlin warned in her dissent in the 1990 Keegstra case, hate speech restrictions chill an enormous amount of valuable speech without actually stopping hatred. In fact, these laws may make hatred spread faster, because they trigger conspiratorial thinking and they turn monsters into martyrs.
Third, if the Senate amends Bill C-9 to restore the good-faith religious speech defence, the House of Commons should accept that amendment. Removing this exemption has caused religious people across the country to fear persecution for expression of faith-based beliefs.
Fourth, Parliament should say no to the online harms act once and for all. While we can debate what age limit might be appropriate for children to access social media, all previous versions of this act would have given federal regulators control over the speech adults may see online. Most concerning in this proposal is the proposal to create a digital safety commission to block harmful content. This will lead only to censorship of ideas. Australia's eSafety Commission has very quickly turned into a thought police, and Canada need not go down this divisive and dangerous path.
Finally—