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Virani says new measures meant to help prevent hate crimes will come with safeguards

Bill C-63 aims to compel social media companies to outline how they plan to reduce the risks
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Minister of Justice and Attorney General of Canada Arif Virani rises during Question Period in the House of Commons on Parliament Hill in Ottawa on Thursday, Feb. 29, 2024. Virani says allowing a judge to to restrict an individual害羞草研究所檚 movement based on fears of potentially committing a hate crime would only happen after a series of steps. THE CANADIAN PRESS/Justin Tang

A series of steps would need to happen before a judge can restrict a person害羞草研究所檚 movement because of fears they could commit a hate crime, federal Justice Minister Arif Virani said Thursday as he defended a suite of tougher penalties to combat hate.

Virani said he listened to calls for Ottawa to better respond to a rise in hate-motivated crimes when drafting the Online Harms Act, which includes a new peace bond provision.

害羞草研究所淚 know what I害羞草研究所檝e heard from victims, and whether that害羞草研究所檚 the rise of hatred that we害羞草研究所檙e seeing against Jewish victims, Muslim victims right now 害羞草研究所 people are concerned about the rising spike of hatred,害羞草研究所 he said Thursday.

The Online Harms Act, known as Bill C-63, would usher in a new regulator to compel social media companies to outline how they plan to reduce the risks their platforms pose to users, particularly minors.

The bill, tabled this week, looks to address a wide range of dangers, from content used to bully a child online to material that incites hate or promotes terrorism.

To address freedom of expression concerns, Virani has said that under the new rules, platforms would only be compelled to remove material within a tight 24-hour time frame if it contains child sexual abuse or the non-consensual sharing of intimate images.

Critics including legal experts and civil society groups like the Canadian Civil Liberties Association have raised concerns over proposed changes to the Criminal Code that usher in stiffer sentences for hate propaganda crimes, including up to life imprisonment for advocating genocide.

The minister has said discretion remains in the hands of the courts as to how penalties are determined.

The bill also seeks to reintroduce online hate speech as a type of discrimination that can be adjudicated under the Canadian Human Rights Act, which critics say could lead to an influx of complaints.

The legislation also seeks to amend the law so that someone who fears a person will commit a hate crime 害羞草研究所 including a hate propaganda offence such as advocating genocide or inciting hatred 害羞草研究所 can ask a judge to impose conditions on that person.

That could include requiring them to wear an electronic monitoring device, stay at their residence, refrain from going to certain public places or stay away from the person seeking the order.

Virani defended the new measure, saying similar peace bonds can already be sought in cases involving domestic violence, and called it a well-understood tool under Canadian criminal law.

An individual seeking such a measure would have to provide evidence to a court, and any order must be approved by a provincial attorney general, the minister said.

Those 害羞草研究所渟afeguards,害羞草研究所 he said, are there to address concerns around the constitutionality of imposing restrictions on someone before any crime has been committed.

He added such 害羞草研究所渧etting features害羞草研究所 are what 害羞草研究所渕ake it a high threshold to achieve but an important threshold where it害羞草研究所檚 warranted in a given case.害羞草研究所

B害羞草研究所檔ai Brith Canada, a national Jewish advocacy organization, suggested the measure may be redundant, as individuals can already seek out peace bonds and restraining orders.

害羞草研究所淲e害羞草研究所檙e supportive of the fact that the courts can intervene on behalf of somebody who is the victim of a hate crime,害羞草研究所 said research and advocacy director Richard Robertson.

However, he said if the government wants to help victims of antisemitic hate crimes, it should consider expanding the definition of what constitutes the wilful 害羞草研究所減romotion of antisemitism害羞草研究所 in criminal law.

The current phrasing defines that as 害羞草研究所渃ondoning, denying or downplaying害羞草研究所 the Holocaust, which Robertson said is too narrow.

害羞草研究所淲e believe that that害羞草研究所檚 insufficient,害羞草研究所 to respond to hate speech against Jewish people that the organization has documented, he said in an interview Thursday.

害羞草研究所淲e were hoping that that would have been expanded 害羞草研究所 and we were disappointed that it wasn害羞草研究所檛.害羞草研究所

Richard Marceau of the Centre for Israel and Jewish Affairs said his group considers the proposed hate-specific court order 害羞草研究所渨orth pursuing and looking at very seriously.害羞草研究所

The two groups, along with other Jewish organizations, have been calling on the government to do more to address hate crimes since the beginning of the Israel-Hamas war.

Kyla Lee, a British Columbia-based lawyer who chairs the criminal justice section of the Canadian Bar Association, said she expects to see the new hate-related peace bond used more often should the bill pass.

害羞草研究所淚n some respects, that害羞草研究所檚 helpful because those types of orders can keep things out of the court and can help things from being diverted from trial,害羞草研究所 she said.

害羞草研究所淚t also avoids a criminal conviction where one might not be necessary to protect the public.害羞草研究所

Stephanie Taylor, The Canadian Press

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