The Canadian Civil Liberties Association has called for significant amendments to the Liberal government’s Online Harms Act, Bill C-63.
Noa Mendelsohn Aviv, Executive Director and General Counsel of the Canadian Civil Liberties Association, announced that the bill needs to be examined in greater detail.
“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,” said Mendelsohn Aviv.
Despite the CCLA’s aversion to the bill’s current state, the association said it endorses the declared purposes of upholding public safety, protecting children, and supporting marginalized communities.
The Liberal government’s Online Harms Act, unveiled by Justice Minister Arif Virani, targets a range of harmful content, including materials that incite violent extremism, promote violence, or promote hatred.
The proposed bill seeks to modify the Criminal Code to strengthen the prosecution of hate crimes, introducing penalties that could extend to life imprisonment for certain crimes.
The Liberals also plan to establish a new organization to enforce rules surrounding harmful online content. This body, comprising the Digital Safety Commission, the Digital Safety Ombudsperson, and the Digital Safety Office, will work to ensure compliance with regulations and can order online platforms to take down content.
The CCLA said that a troubling aspect of Bill C-63 is the authority granted to the body, allowing 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,” said Mendelsohn Aviv.
Another troubling aspect raised by the CCLA is the bill’s provisions, including warrantless electronic data searches. The association said that these provisions pose significant threats to privacy rights.
“The bill provides for unacceptable intrusions into individuals’ digital lives,” said Mendelsohn Aviv.
In anticipation of the bill’s release, Conservative leader Pierre Poilievre said he would oppose the law, criticizing it as a means for the government to legislate censorship and infringe on Canadians’ free speech.
“We will oppose Justin Trudeau’s latest attack on freedom of expression,” Poilievre responded to a question that True North’s Andrew Lawton asked last week.
The group warned that the sweeping nature of Bill C-63 risks censoring a broad spectrum of expression, from journalistic reporting to healthy conversations among youth under 18 about their own sexuality and relationships. The expansive restrictions on speech within the bill threaten public discourse and will criminalize political activism, warned the CCLA.
The Liberal government’s plan to curb the spread of what it terms “online hate” includes hefty fines of up to $70K for online speech and stringent punishments, including up to life imprisonment for hate crimes.
The draconian penalties of life imprisonment for a very broad and vaguely defined offence of “incitement to genocide” and five years of jail time for other broadly defined speech acts are imposed by the bill, said the CCLA.
“This not only chills free speech but also undermines the principles of proportionality and fairness in our legal system,” said Mendelsohn Aviv.
The new offence — “offence motivated by hatred”—risks misuse or overuse by police and unfairness to accused persons in court, warned the CCLA.
Amendments to the Canadian Human Rights Act will let anybody file complaints against persons posting so-called hate speech with the Canadian Human Rights Commission.
In 2014, a similar provision under the Act dealing with online hate messages was repealed by former Prime Minister Stephen Harper after it was found to have violated Canadians’ freedom of expression rights.
“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,” said Mendelsohn Aviv.
She added that an influx of complaints from this provision could strain the Canadian Human Rights Commission further, leading to increased backlogs and limiting access to justice for individuals facing discrimination in employment, services, and other contexts.
“We urge the parliament to amend Bill C-63 to ensure that any legislation aimed at curbing online harms upholds the fundamental principles guaranteed by our Charter of Rights and Freedoms,” said the CCLA.
Prime Minister Justin Trudeau said that the legislation will be robustly debated in the House of Commons.
RCMP launches probe into ArriveCan following Conservative outcry
The RCMP has confirmed it is investigating the controversial ArriveCan app.
While speaking during a meeting of the committee on access to information, privacy, and ethics, Conservative MP Michael Barrett questioned two officials of the RCMP.
Staff Sergeant Fréderic Pincince told Barrett that the RCMP was reviewing the Auditor General’s report and would take action as required.
Despite the two officers’ reluctance to comment on an ongoing investigation, the RCMP’s Commissioner, Michael Duheme, confirmed during the meeting that the RCMP had an ongoing investigation into the ArriveCan scandal.
This comes after the Conservative Party has advocated for an investigation to be opened.
“Therefore be it resolved that common sense Conservatives call for a complete and thorough investigation to understand how millions were wasted, hold the guilty parties responsible, and scrap this disastrous app once and for all,” wrote the party.
Following the commissioner’s confirmation of the investigation during the committee meeting, Conservative leader Pierre Poilievre shared a letter that he received from Duheme.
“The Royal Canadian Mounted Police is assessing all available information, including the Auditor General’s performance audit report, and will take appropriate action,” read the letter.
The RCMP’s letter to Poilievre came in response to a letter he sent them a week prior concerning the Auditor General’s report.
Poilievre’s letter highlighted egregious mishandling and potential corruption in the app’s development, which ballooned from a budget of $80,000 to nearly $60 million — 750 times over budget.
The Conservative leader’s letter came two days after Auditor General Karen Hogan released a report showing that ArriveCan cost Canadian taxpayers an estimated $59.5 million. Hogan said the final bill could be much higher due to the government’s poor record-keeping.
“In this audit, we found disappointing failures and omissions everywhere we looked,” said Hogan. “I believe that this audit of ArriveCan shows a glaring disregard for basic management practices.”
A previous investigation by the Procurement Ombudsman revealed that 76% of subcontractors that were part of the winning bid did no work on the contract.
Originally designed to curb the spread of COVID-19, the ArriveCan app mandated travellers to submit personal and vaccination details before entering Canada.
Of all the contractors that worked on ArriveCan, GC Strategies had the biggest price tag at $19.1 million.
GC Strategies has won approximately 140 federal government contracts totalling $258 million since Trudeau took office in 2015.
The company has four employees and operates out of a suburban basement.
A press release issued by the Conservative Party said that the ArriveCan scandal is just the tip of the iceberg.
“In 2022, third-party consultants like GC Strategies, were awarded $17.7 billion in contracts, while ordinary Canadians are struggling to pay for groceries or heat their homes.”
Another breaking story was released on Tuesday by La Presse. The news organization showed that another two-person firm was paid millions to do no IT work on the ArriveCan app. The firm, Dalian Enterprises, received $7.9 million from Ottawa for the development of ArriveCan.
The Globe and Mail calculated that the firm received $95.5 million from Ottawa between 2016 and 2023.
The firm opened two companies in tax havens known to promote the camouflage of money transfers and tax evasions, though any such money sheltering has yet to be proven.
Time will tell what the RCMP investigation reveals.
GC Strategies seems to have deactivated its website, and the two partners, Kristian Firth and Darren Anthony have seemingly deactivated their emails.