Separate controversial Criminal Code changes from Online Harms Act, advocates urge

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OTTAWA — More than 15 civil society groups are urging the justice minister to hive off proposed changes to the Criminal Code and Canadian Human Rights Act from a bill aimed at tackling online harms.

The Canadian Civil Liberties Association and Canadian Muslim Public Affairs Council were among the signatories to an open letter released Tuesday.

"If this separation is not made, the clear and present risks posed by these problematic portions will continue to overshadow (the bill's) main goal," it reads.

That's the establishment of "a regulatory body to mitigate categories identified by the bill as illegal harmful content that negatively affects Canadians, especially Canadian youth," the letter states.

The long-awaited legislation proposes to create a new digital safety regulator and includes changes to the Criminal Code to usher in stiffer penalties for hate-related crimes.

That has been met with heavy scrutiny, along with the government's plan to reintroduce a section of the Canadian Human Rights Act to allow people to file complaints about hate speech online.

Critics warn that doing so could chill free speech, while Justice Department officials say only the most extreme examples of hate speech would be targeted.

The letter asks Justice Minister Arif Virani to remove the justice and human rights section from the bill and create a separate piece of legislation.

Not doing so would also have the effect of reducing scrutiny on the online regulation component, it argues.

"It will curtail time needed to address necessary transparency and accountability on the powers of the new Digital Safety Commission, which if approved, will be the most powerful regulator of Canada's internet."

On Tuesday, the minister's office defended the bill as a "package" meant to address harmful content online, but also real-world violence such as hate crimes.

"While it may have four parts, it is deliberately designed to address the full range of challenges we face in addressing online harms. That includes the hate that we see both online and in the real world, because in many respects they are inseparable," spokesperson Chantalle Aubertin said.

"Doing nothing to address hate speech and hate-motivated crimes means we have failed in our duty to protect Canadians wherever they are."

Tabled in February, the bill has not yet been debated in the House of Commons.

That initial debate must be followed by a first vote before a parliamentary committee can study the bill and hear from witnesses about its potential effects.

Prime Minister Justin Trudeau first promised to tackle online harms during the 2019 federal vote.

His government tabled the proposed reintroduction of hate speech into the human rights act in 2021, but it died on the order paper when Trudeau triggered an early election.

That year, officials were sent back to the drawing board after presenting a proposal to tackle harmful content online that was roundly criticized for suggesting measures that included giving companies just 24 hours to remove flagged material.

Critics warned that could lead platforms to be overly cautious and remove legal content.

The current bill proposes to only require companies to remove the most heinous material: images of child sexual abuse and the non-consensual sharing of intimate images.

This report by The Canadian Press was first published May 7, 2024