SPOTLIGHT

Stop the Online Harms Act

The Online Harms Act: A Threat to Freedom and Privacy

You have likely heard about the Online Harms Act, the most aggressive censorship legislation in Canadian history. It is now before Parliament.

Presented under the clever guise of protecting children from harm (and nobody disagrees with that goal!), the Online Harms Act threatens our freedom of expression, our access to information, our privacy and our security.

If passed into law, the Online Harms Act will empower the government to prosecute Canadians over “hate” speech that has no clear definition. Former Supreme Court Justice Beverley McLachlin struggled to define “hate” when asking, “Where does dislike leave off, and hatred or contempt begin?” She also said that the term "hatred" is “vague and subjective, capable of extension should the interpreter be so inclined.”

Punished for Future Crimes Without Conviction

If the Online Harms Act passes into law, who will decide whether a Canadian is guilty of speaking or writing “hate”? Who will have the power to investigate and punish online harms if the Act passes?

The answer: Courts, the Canadian Human Rights Tribunal, and a new Digital Safety Commission.

Courts will punish Canadians for “future crimes”  

If the Online Harms Act becomes law, your neighbour will have the power to convince a judge that you might say something hateful in the future. If the judge believes that your neighbour’s fears are legitimate, the judge can order you to wear an ankle bracelet, obey a curfew, abstain from alcohol, avoid certain people or places, and surrender your legally owned firearms. All without having been charged with a crime or convicted of a crime!

Those who refuse to abide by the restrictions imposed by the court can be jailed for up to two years. All this because a complainant fears that a person might commit a speech crime in the future.  

Canadian Human Rights Tribunal will impose massive fines 

If the Online Harms Act becomes law, the Canadian Human Rights Tribunal will acquire new powers to fine a Canadian up to $50,000 for a speech crime, plus the power to order a Canadian to pay up to $20,000 to the alleged “victim” of the speech crime.

Complaints can even be filed anonymously, depriving the accused person of her right to face her accuser. Complaints can be filed regarding anything on the internet, even if posted many years earlier.

The Online Harms Act will warp our sense of time and justice, and many Canadians will self-censor to avoid the risk of penalties from the Canadian Human Rights Tribunal.

New Digital Safety Commission will have extraordinary powers 

If the Online Harms Act passes into law, a new Digital Safety Commission will have the power to investigate and punish social media platforms. This Digital Safety Commission will unleash a new army of bureaucrats, who will exercise astonishing powers over what Canadians read and write online.  

This new Commission will have powers to: 

  • make online content inaccessible 
  • investigate (without a warrant!) social media platforms 
  • establish codes of conduct 
  • conduct secret hearings 
  • shut down websites 
  • revoke licenses, and 
  • impose billion-dollar fines 

While exercising these vast powers over the speech of Canadians, the Digital Safety Commission will not be subject to basic rules of evidence, nor will any regulations created by the Commission require the approval of Parliament.  

The Digital Safety Commission will also be empowered to fine regulated social media platforms up to six percent of global revenues (which would mean astronomically high fines, in light of the fact that the parent companies of most major social media platforms earn billions each year).

If the Online Harms Act becomes law, I fear that many social media platforms will cease operations in Canada rather than risk such significant fines. (I am reminded of Meta restricting access to news in Canada on their platforms in response to the Online News Act.) The companies that continue operating in Canada will become allies of the Digital Safety Commission, and do the Commission's censorship work by removing anything that unaccountable bureaucrats might deem to be "hateful." 

New Digital Safety Commission will have extraordinary powers 

If the Online Harms Act passes into law, a new Digital Safety Commission will have the power to investigate and punish social media platforms. This Digital Safety Commission will unleash a new army of bureaucrats, who will exercise astonishing powers over what Canadians read and write online.  

This new Commission will have powers to: 

  • make online content inaccessible 
  • investigate (without a warrant!) social media platforms 
  • establish codes of conduct 
  • conduct secret hearings 
  • shut down websites 
  • revoke licenses, and 
  • impose billion-dollar fines 

While exercising these vast powers over the speech of Canadians, the Digital Safety Commission will not be subject to basic rules of evidence, nor will any regulations created by the Commission require the approval of Parliament.  

The Digital Safety Commission will also be empowered to fine regulated social media platforms up to six percent of global revenues (which would mean astronomically high fines, in light of the fact that the parent companies of most major social media platforms earn billions each year).

If the Online Harms Act becomes law, I fear that many social media platforms will cease operations in Canada rather than risk such significant fines. (I am reminded of Meta restricting access to news in Canada on their platforms in response to the Online News Act.) The companies that continue operating in Canada will become allies of the Digital Safety Commission, and do the Commission's censorship work by removing anything that unaccountable bureaucrats might deem to be "hateful." 

If the Online Harms Act passes into law, the Digital Safety Commission will have the power to enter without a warrant into “any place in which they have reasonable grounds to believe” that there exists information relevant to verifying compliance with the Online Harms Act. Further, social media platforms will be forced to make their data available to external researchers, generating significant privacy and security risks. 

When unaccountable bureaucrats are empowered to enforce their own understanding of fuzzy and slippery definitions of “hate” speech, it becomes possible for thousands of Canadians to be fined, and some of them even imprisoned. If Supreme Court Justice McLachlin struggled to find a clear and stable definition of “hate,” how can we trust unaccountable bureaucrats to find it while respecting freedom of expression? 

Help us stop the Online Harms Act 

If the Online Harms Act passes second reading, it will go on to committee review. From there, it must be accepted by Parliament and the Senate before becoming law. In other words, there’s still time for you to get involved.  

1. Donate to our campaign 

We will present Parliament with an expert report on the dangers of the Online Harms Act in the coming months as the Bill moves towards being considered by a Committee of MPs of all parties. Your donations provide our team of lawyers and advocates with the resources they need to voice your concerns to Parliament and the Senate. 

2. Sign our Petition

We launched a petition against the Online Harms Act days after it was proposed in Parliament. In April, I delivered 55,000 signatures to the Minister of Justice in Ottawa. When you sign, you tell our elected representatives that freedom of expression, access to information, privacy and security, and democratic accountability should remain central to any discussion about the regulation of the internet.

Help us reach our goal of 110,000 signatures before the Online Harms Actpasses second reading. 

3. Connect with your Member of Parliament 

Email or phone your elected representative (regardless of which party) about the dangers of the Online Harms Act. They may be unaware. Find your Member of Parliament here.

We are up against a government determined to expand its powers and control the flow of information online. We are at a critical moment.  

Please get involved before Canada joins a growing list of countries that value control above freedom. Sign our petition, connect with your MP, and donate to this critical cause

We are a registered charity. In February 2025, we will send you a tax receipt for all donations made in 2024.  

I invite you to read our statement on the Online Harms Act here.  

Thank you for partnering with the Justice Centre in defence of a free internet and a free Canada.  

Yours sincerely,

John Carpay, B.A., LL.B.
President
Justice Centre for Constitutional Freedoms

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