Justice Minister Warns MPs of ‘Unchecked Dangers’ of the Internet While Defending Online Harms Bill

Arif Virani, Minister of Justice and Attorney General of Canada, holds a press conference regarding the new online harms bill on Parliament Hill in Ottawa on Feb. 26, 2024. The Canadian Press/Sean Kilpatrick

Justice Minister Arif Virani defended his government’s Online Harms legislation during testimony before the Commons justice committee this week, as MPs, including those in his own party, questioned its reach.

Mr. Virani told MPs the Online Harms Act (Bill C-63) will bring a new level of security to online communities and increase protection against the often inappropriate content appearing on children’s screens.

“Social media is everywhere,” Mr. Virani told the committee March 21. “It brings unchecked dangers and horrific content. This frankly terrifies me. We need to make the internet safe.”

Bill C-63 was introduced by the Liberal government last month in a bid to reduce Canadians’ exposure to “harmful content.” The act seeks to establish special protections for children and make online services like Facebook and YouTube “accountable for and transparent about how they are reducing exposure to harmful content.” Compliance is to be monitored by a five-member Digital Safety Commission.

Mr. Virani argued that safety is lacking online because there is no “basic network of trust” in the digital world, and said the Online Harms Act would establish “rules of the road.”

Conservative MP Rob Moore described the bill as unconstitutional, saying it would be “struck down by the courts” if it were to become law.

“Virtually everyone has come out and said this is an effort to tramp down on free speech,” Mr. Moore said. “Even Margaret Atwood described Bill C-63 as Orwellian.”

Liberal MPs Marco Mendicino and Élisabeth Brière also expressed concern.

Ms. Brière described the bill as controversial, saying “everyone has a right to their opinion.”

“There are those in favour or against and we are quick to categorize people and label them,” she added. “I believe it would be better for us to be more caring, to listen to each other and show open-mindedness.”

Mr. Mendicino said the legislation would make certain content inaccessible and create new investigative powers, including hearings that would be “closed to the public.”

Criminal Code Changes

If the bill is passed, a new definition of “hatred” would be added to section 319 of the Criminal Code, which refers to the public incitement of hatred and the wilful promotion of hatred and anti-Semitism. Bill C-63 would also add a new standalone hate crime offence to the Criminal Code that would apply to existing offences.

The new bill would also amend the Canadian Human Rights Act, specifying that posting “hate speech” online counts as discrimination. The government has said this would apply to speech based on detestation or vilification centred on race, religion, sexual orientation, and other grounds.

Maximum punishments for hate propaganda offences in Sections 318 and 319 of the Criminal Code would also be raised to life imprisonment from the current five years. The government has said the maximum penalty would reflect the seriousness of the offence, and emphasized that in all cases courts would have the flexibility to give proportional sentences.

The Canadian Civil Liberties Association has been critical of the proposed legislation and has urged the government to make several “substantial” amendments. The agency said it has concerns about loss of free speech as well as the vague wording the bill uses to define offences, such as “incitement to genocide” and “offence motivated by hatred.”