House Committee Listens to Various Perspectives on Government’s Responsibility in Safeguarding Freedom of Speech
Experts and advocates presented a wide range of views to a House of Commons committee regarding the protection of freedom of expression in Canada. These discussions included moving out of the way and strengthening regulations.
The Commons Canadian heritage committee recently concluded its study on the protection of freedom of expression and the government’s role in ensuring its exercise. You can learn more about the study here.
This study was prompted by the Liberal government’s introduction of a controversial piece of legislation earlier in the year aimed at addressing “online harms.” The legislation includes provisions targeting issues like child pornography and proposes a new hate crime offense with severe penalties.
In response to backlash over the stringent penalties related to speech, Justice Minister Arif Virani announced that the Online Harms Act, Bill C-63, would be split into two separate pieces of legislation. The first portion focusing on online safety for children and the creation of a Digital Safety Commission.
Currently, Bill C-63 is in its second reading in the House and will proceed to committee review if passed. During a session on December 4, Bruce Pardy, a law professor at Queen’s University, recommended defeating C-63 and repealing other laws affecting the online environment.
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Google has agreed to pay publishers $100 million annually, while Meta has discontinued displaying news links entirely to comply with the legislation.
Bruce Pardy expressed his belief that the government should step back from regulating speech to truly protect freedom of expression. He emphasized that free speech should be free from government interference.
Mitzie Hunter, president and CEO of the Canadian Women’s Foundation, highlighted that freedom of expression has limits and supported Bill C-63’s approach to addressing online harms seriously with input from affected parties.
Michael Geist, a law professor specializing in digital policy, stressed the need to find a balance between freedom of expression and regulating harmful expressions. The provisions in Bill C-63 related to Criminal Code and Human Rights Act were criticized for being overly broad.
Geist welcomed the decision to split Bill C-63 and expressed concerns about the potential negative impact of the legislation on public support. The bill aims to address various online harms but contains controversial provisions related to the Criminal Code and human rights system.
Aside from creating a new hate crime offense with severe penalties, the bill also aims to empower the human rights commission to handle complaints related to discriminatory online practices and impose fines on individuals found in violation.
