The Liberal government is proposing 害羞草研究所渄raconian penalties害羞草研究所� in the Criminal Code as part of its sweeping plan to target online hate, the Canadian Civil Liberties Association warns.
Justice Minister Arif Virani tabled the long-awaited bill earlier this week, billed as a way to address dangers that children face online.
It also includes the introduction of stiffer penalties for hate offences.
The bill proposes increasing the maximum punishment for advocating genocide to life imprisonment, and allowing sentences of up to five years in prison for other hate propaganda offences.
The national civil liberties group says higher sentences risk chilling free speech and also undermine 害羞草研究所渢he principles of proportionality and fairness害羞草研究所� within the legal system.
Noa Mendelsohn Aviv, its executive director and general counsel, said in an interview Wednesday she sees significant liberty issues throughout the bill.
There are problems, too, with the proposal of a digital safety commission that would be given sweeping powers to regulate social-media giants, she said.
When it comes to hate speech offences, she said she害羞草研究所檚 concerned because of the difficulty of distinguishing between 害羞草研究所減olitical activism, passionate debate and offensive speech.害羞草研究所�
To address such concerns, Virani has said the government is seeking to clarify the definition of hatred to reflect Supreme Court rulings on the matter.
It will be newly defined as 害羞草研究所渢he emotion that involves detestation or vilification害羞草研究所� that is 害羞草研究所渟tronger than disdain or dislike.害羞草研究所�
The bill also lays out that a statement that 害羞草研究所渄iscredits, humiliates, hurts or offends害羞草研究所� would not meet the bar to be considered promoting or inciting hatred.
University of Windsor law professor Richard Moon, who specializes in freedom of expression, said he welcomes the move.
It will help both authorities and the general public to better understand that courts view hate speech in a narrow sense, capturing only the most extreme circumstances, he said.
However, Moon said the sentencing changes are 害羞草研究所渢roubling害羞草研究所� because there害羞草研究所檚 no reason to believe they will work as an effective deterrent.
And it害羞草研究所檚 unclear, he said, how the government害羞草研究所檚 plan to create a new stand-alone hate crime offence would work, since hate can already be used as an aggravating factor in sentencing.
As proposed, the new offence would carry a potential sentence of life imprisonment.
害羞草研究所淭he idea that this could possibly carry with it life imprisonment 害羞草研究所� makes little sense to me,害羞草研究所� Moon said in an interview Wednesday.
In theory, he said, mischief or vandalism motivated by hatred could be seen as a hate crime.
And though it害羞草研究所檚 unlikely a judge would consider life imprisonment in such cases, 害羞草研究所渏ust the idea that is in theory an available sentence seems surprising, shocking to me,害羞草研究所� he said.
He said it害羞草研究所檚 a 害羞草研究所渄ramatic害羞草研究所� increase and 害羞草研究所渜uite a troubling development.害羞草研究所�
Jewish advocacy groups have welcomed the proposed changes, citing a sharp rise in antisemitism since the Israel-Hamas war began last fall.
In unveiling the potential life sentence for advocating genocide, Virani said he heard through consultation with stakeholders that the penalty should be increased.
He also said creating a new hate crime offence is meant to give police and Crown prosecutors more options.
To lay a hate propaganda charge under current Criminal Code provisions, such actors need to get permission from attorneys general. The new offence would not require that.
Virani said after the release of the bill that there had been some 害羞草研究所渕isunderstanding害羞草研究所� around the proposed offence and whether it would carry a punishment of life imprisonment.
He said the intention is not for the offence to be used alone, but rather in conjunction with other offences.
害羞草研究所淭hink about a theft, think about an assault, think about a rape, think about a murder 害羞草研究所� in certain contexts, what this will make available to a judge is that when they twin the fact of a murder with hate motivation, they could potentially apply something as significant as a life sentence,害羞草研究所� he said.
A life sentence under Canadian law is 25 years long.
Virani said judges have discretion on how and whether to use that level of sentencing.
害羞草研究所淚t is not a mandatory minimum. It is a potential maximum.害羞草研究所�
Mendelsohn Aviv said introducing a new hate offence could lead to misuse by police and potentially affect someone害羞草研究所檚 ability to a fair trial, given there would be a stigma associated with it.
Dealing with accusations of hate at the sentencing stage runs fewer risks, she said, because at that point evidence has already been presented and the accused has been convicted.
RCMP commissioner Mike Duheme welcomed the legislation, particularly tougher sentencing provisions and the move to make tech companies bear more responsibility for what happens online.
At this point, the RCMP believes it could enforce new measures ushered in by the bill without additional resources, Duheme said.
However, after seeing 害羞草研究所渨hat this generates,害羞草研究所� the force could look at any need for fresh resources, he added.
Conservative Leader Pierre Poilievre has said he would prefer police and criminal courts to tackle online harms against minors, rather than a regulator.
On Thursday, Virani said that approach ignores the wishes of victims who are asking for materials to be removed altogether and much more quickly than is currently the case.
害羞草研究所淲hat I害羞草研究所檝e heard resoundingly from law enforcement itself is that they need more responsibility from online platforms,害羞草研究所� he said.
害羞草研究所淭his stuff spreads virally very, very quickly. And when it stays online 害羞草研究所� even if you are successfully able to prosecute the offender, the revictimization of that individual child or that woman remains for years thereafter.害羞草研究所�
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