Ottawa Claims New Online Harms Bill Would Set ‘High Bar’ for Determining What Constitutes Hate Speech

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Ottawa says the amended definitions of hate speech under the new Online Harms Bill would set a “high bar” when determining whether online content counts as hate speech, emphasizing that offensive speech or criticisms of the government alone would not meet the threshold.

“The concept of hatred would not include mere dislike or disdain, or acts that merely offend or humiliate, nor would it cover political dissent,” a government official said during a technical briefing on March 6.

Bill C-63, introduced by the Liberal government on Feb. 26, seeks to reduce Canadians’ exposure to “harmful content” by establishing special protections for children and making online services like social media companies “accountable for and transparent about how they are reducing exposure to harmful content.”

The legislation also seeks to add a definition of “hatred” 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, which would apply to existing offences. Penalties sought for this new crime would be up to life imprisonment to “deter this hateful conduct as a crime in itself, rather than as an aggravating factor” to be considered during sentencing.

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

“This would set a high bar when determining whether a hate propaganda offence in the Criminal Code has occurred, or whether hate speech has been established under the Canadian Human Rights Act,” the official said.

As an example, the government official also said hate speech under the Canadian Human Rights Act would include speech that portrays a group as being “dangerous or violent by nature,” preying upon children, or being similar to animals or vermin.

Life Imprisonment

Under the new legislation, the 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 official said the maximum penalty would need to reflect the seriousness of the offence, and emphasized that in all cases courts would have the flexibility to give proportional sentences.

“In fact, courts are required to impose sentences that are proportionate to the gravity of the offence and the degree of responsibility of the offender,” the official said. “This is the fundamental principle of sentencing, which is codified under Section 718.1 of the Criminal Code.”

Civil liberties groups have criticized Bill C-63, with the Canadian Civil Liberties Association (CCLA) urging the government to make several “substantial” amendments to the legislation. The CCLA has concerns about free speech when it comes to penalties with broad and unclearly defined offences, like “incitement to genocide” and “offence motivated by hatred.”

The CCLA also criticized the re-introduction of a speech restriction within the Canadian Human Rights Act, which specifies that posting “hate speech” online is discrimination. That provision, which was criticized by free-speech advocates for being overly restrictive, was previously removed from the Canadian Human Rights Act in 2013.

Justice Minister Arif Virani said during a press conference on Feb. 26 that the legislation “targets the worst” of what Canadians see online, and argued the bill would enhance free expression by “empowering all people to safely participate in online debate.”