Today OpenMedia, Amnesty International Canada and more than 20 civil society groups and legal experts delivered an open letter to Minister of Justice Arif Virani, urging the government to separate controversial Parts Two and Three of Bill C-63, The Online Harms Act, into independent legislation.
This separation is vital to allow Parliament and the public to focus on considering the merits of the Online Harms Act itself, as described in Part One of Bill C-63. Public discussion surrounding Bill C-63 has overwhelmingly focused on its controversial changes to the Criminal Code and Human Rights Act described in Parts Two and Three, overshadowing the core elements designed to tackle illegal online content and protect young people in Canada.
Part Two’s proposed Criminal Code changes, including pre-emptive peace bonds and potential lifetime imprisonment, raise serious concerns about disproportionate punishments that risk chilling legitimate speech. Part Three’s changes to the Human Rights Act are widely believed likely to overwhelm the Commission with complaints, delaying more substantive cases and potentially incentivizing bad-faith complaints as tools of harassment.
To refocus public and parliamentary conversation on due consideration and debate of the Online Harms Act itself, signatories request the government separate Parts Two and Three as a distinct legislative package.
Many of today’s signatories have engaged the government throughout its consideration of illegal online content, including through 2023 expert letter outlining red lines and recommendations for potential legislation, and by individual submissions to the government’s 2021 consultation.
Bill C-63 was introduced on February 26th, and is currently awaiting second reading in the House of Commons.
