The Canadian Civil Liberties Association is calling for changes to the recently tabled Online Harms Bill.
Earlier, we noted how the Online Harms Bill seemed to be a major improvement over the 2021 version. While it is, indeed, a major improvement, it doesn’t necessarily mean that it is perfect by any means.
Examples include opening the door for secret police investigations as well as the ability to make court rulings on the part of the Commission as opposed to letting the actual court system handle it from the get go. Other problems others have cited include the criminal code changes.
The Canadian Civil Liberties Association (CCLA) have weighed in on this debate and are calling for changes to the Online Harms Bill. From the CCLA:
This is a massive bill that we need to examine in greater detail. Our preliminary read raises several serious concerns. While the CCLA endorses the declared purposes of upholding public safety, protecting children, and supporting marginalized communities, our initial assessment reveals that the bill includes overbroad violations of expressive freedom, privacy, protest rights, and liberty. These must be rectified before the bill is passed into law.
One troubling aspect of Bill C-63 is the vast authority bestowed upon a newly established body, comprising government appointees, to interpret the law, make up new rules, enforce them, and then serve as judge, jury, and executioner. Granting such sweeping powers to one body undermines the fundamental principle of democratic accountability.
Furthermore, the bill’s provisions which include sweeping new search powers of electronic data with no warrant requirement, pose significant threats to privacy rights. The bill provides for unacceptable intrusions into individuals’ digital lives.
Bill C-63 risks censoring a range of expression from journalistic reporting to healthy conversations among youth under 18 about their own sexuality and relationships. The broad criminal prohibitions on speech in the bill risk stifling public discourse and criminalizing political activism. The bill imposes draconian penalties for certain types of expression, including life imprisonment for a very broad and vaguely defined offence of “incitement to genocide”, and 5 years of jail time for other broadly defined speech acts. This not only chills free speech but also undermines the principles of proportionality and fairness in our legal system. Bill C-63 also creates a new offence (“offence motivated by hatred”) that risks misuse or overuse by police, and unfairness to accused persons in court.
The bill also re-introduces a speech restriction within the Canadian Human Rights Act, which CCLA has previously opposed. The new provision has the potential to censor strong opposition to political authorities. It limits debate and dissent on contentious issues, and historically has not adequately protected the most marginalized groups.
The CCLA went on to say that they are urging lawmakers to amend the legislation.
At any rate, reaction is certainly pouring in. You can also check out what Open Media had to say about the legislation here.
Drew Wilson on Twitter: @icecube85 and Facebook.
