We recommend four things.
First, we recommended that the Canadian Human Rights Act, if it is to be amended, be amended to define what is and is not hate speech. Pursuant to the Supreme Court of Canada's decision in Saskatchewan v. Whatcott, 2013, 1 SCR 467 at paragraphs 90 and 91, the Supreme Court of Canada sets out what is hate speech. Most of what you've heard from the witnesses who are telling you something is hate speech doesn't even come close to hate speech.
Second, if there is any new legislation to be implemented, we say there ought to be defences to a complaint of hate speech mirroring the defences in subsection 319(3) of the Criminal Code, specifically that:
No person shall be convicted of an offence under subsection (2) [of 319]
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
I'll pause here to note that the Bible, under the parameters that you've been asked to consider, and the Koran and other religious books could be considered hate speech just because verses from them are posted online saying things like, “God created male and female”. That's not hate; that's a statement and it's entirely permissible, but it would be protected under the defences that I'm outlining here.
Subsection 319(3) continues:
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
Third, we recommended that the maximum fine for any finding of hate be capped at no worse than the Criminal Code fine for drunk driving, at $1,000.
Fourth, we recommended that Parliament launch an initiative to encourage people to come forward with their big-tech censorship stories so that it can understand the extent of that problem, which is significant, and not embark on a mission of censorship without all of the facts.
Those are my submissions. Thank you.