Federal Justice Minister Arif Virani believes that safeguards in his bill aimed at countering online hatred will prevent the Canadian Human Rights Commission (CHRC) from being overwhelmed by a mountain of citizen complaints who will not agree on what constitutes hateful content.
The bill, C-63, would amend the Canadian Human Rights Act to define the posting of hateful comments as discrimination. If the bill passes in its current form, people who feel they are victims of online hate would have to file a complaint with the CHRC in the hopes that the Canadian Human Rights Tribunal will rule in their favour.
The sections of C-63 on this subject revisit a legislative provision that had been deleted by the former Conservative government of Stephen Harper.
“What we heard was that, at the time, when it existed, […] “They said, yes, there were a lot of complaints and it was difficult to manage all the complaints,” Minister Virani said of the CHRC in a recent interview with The Canadian Press.
He assured that Justin Trudeau’s government has adjusted its course with its bill. “We listened to that and we implemented improvements,” he maintained.
Among the adjustments he listed, Mr. Virani said the definition of hateful content enshrined in C-63 is “completely clear” and “linked to the case law,” noting that it has been used by the Supreme Court since 2013.
The bill establishes that “content fomenting hatred” is that which “expresses hatred towards an individual or group of individuals or which manifests defamation towards them and which, counts given the context in which it is communicated, is likely to foment hatred or defamation of an individual or a group of individuals on the basis of such a prohibited ground of distinction,” we can read.
It is specified that content cannot be considered hateful “for the sole reason that it expresses disdain or aversion or that it discredits, humiliates, hurts or offends”.
Since introducing Bill C-63 in late February, the Liberals have faced a wave of criticism from many people who fear their freedom of expression will be limited. Famous writer Margaret Atwood had relayed such fears on the social network X.
It was also because of similar concerns that the former Harper government eliminated what was formerly section 13 of the Canadian Human Rights Act.
Virani multiplies the outings
Convinced that his overhaul of old legislative provisions does not infringe on freedom of expression, Mr. Virani has, since the end of February, been making numerous outings to emphasize what the bill, in his opinion, does not contain. This could suggest that he spends less time emphasizing what C-63 includes.
“For me, it was necessary to explain […] on several occasions what we are not doing just to emphasize that it is a fairly measured approach, quite appropriate, quite linked to our own rights here in Canada and our protections which are protected by the Canadian Charter of Rights and Freedoms”, he summarized during the telephone interview.
The minister added that the definition chosen “is not mine, that of Justin Trudeau or that of our Liberal cabinet,” repeating that it comes from the highest court in the country.
Mr. Virani argues that the CCDP will be able to “summarily dismiss” complaints “at the outset of the process if what is the subject of the complaint does not touch on the definition of hatred.”
The minister also pointed out a provision giving the commission the latitude to dismiss a complaint because the report is deemed “futile, vexatious or tainted in bad faith”.
Furthermore, costs may be levied “against a person who has abused the commission’s process,” the minister said.
Mr. Virani said he was receptive to any requests for additional resources that the CCDP might make to him.
The Liberals have been promising to legislate against harmful content online since the 2019 federal election campaign.
Bill C-63 has barely made it through parliament since it was tabled. Mr. Virani blames the Conservatives, whom he accuses of blocking the progress of the legislative study.
On this subject, a spokesperson for the Conservative leader declared last week that the agreement that the Liberals have with the NDP allows them to prioritize or thwart any legislation as they wish, “contrary to their whining.”
The parliamentary leader of the New Democrats, Peter Julian, believes for his part that any delay is attributable to Justin Trudeau.
The Bloc Québécois requested in vain that the bill be split so that other sections of the legislative proposal aimed at protecting minors from online sexual exploitation could be adopted quickly since, according to the political party, these elements are a consensus, unlike those relating to hateful publications.
With information from Stephanie Taylor