From the Fraser Institute

By Jake Fuss and Alex Whalen

The legislation seeks to punish citizens not just for what the governments deems as “hate speech” but also grants the state power to bring Canadians before tribunals on suspicion that they might say something hateful in the future.

This year marks the 75th anniversary of George Orwell’s classic novel 1984 (and it’s been 40 years since the actual year 1984). In the novel, Orwell explains the dangers of totalitarianism by exploring what happens when government exercises extreme levels of control over citizens including censoring and controlling language. While Canada is a relatively free country in 2024, there are aspects of Orwell’s world reflected in government policy today.

The Human Freedom Index, published annually by the Fraser Institute and Cato Institute, defines freedom as a social concept that recognizes the dignity of individuals by the absence of coercive constraint. In a free society, citizens are free to do, say or think almost anything they want, provided it does not infringe on the right of others to do the same.

Canada currently fares relatively well compared to other countries on the Human Freedom Index, placing 13th out of 165 countries. However, our score has dropped six spots on the index since 2008 when Canada recorded its highest ever rank.

This is not surprising given the Trudeau government’s recent efforts to control and manage the free exchange of ideas. The recent Online Streaming Act imposes various content rules on major streaming services such as Netflix, and requirements to extract funds to be redirected toward favoured groups. The Act seemingly seeks to bring the entire Internet under the regulation of a government body.

In another piece of recent legislation, the Online News Act, the government attempted to force certain social media platforms to pay other legacy news outlets for carrying content. In response, the social media platforms chose simply not to allow content from those news providers on their platforms, resulting in a dramatic reduction of Canadians’ access to news.

Now, a new piece of federal legislation—Bill C-63, the Online Harms Act—seeks to control language and grant government power to punish citizens for what the government deems to be unfavourable speech.

The government has sold Bill C-63 as a way to promote the online safety of Canadians, reduce harms, and ensure the operators of social media services are held accountable. In reality, however, the bill is Orwell’s Big Brother concept brought to life, where government controls information and limits free exchange. The legislation seeks to punish citizens not just for what the governments deems as “hate speech” but also grants the state power to bring Canadians before tribunals on suspicion that they might say something hateful in the future. Not surprisingly, many have raised concerns about the constitutionality of the Bill, which will surely be tested in court.

Put differently, the Bill dictates that citizens may not only be punished for speech crimes, but also punished when another person or group of individuals believes they are likely to commit such a crime. The legislation outlines punishment mechanisms at the government’s disposal, including electronic monitoring devices, house arrest or jail time. Frighteningly, if the government doesn’t like what you say or even suspects they won’t like what you might say, then you could face serious repercussions.

That sounds eerily similar to Orwell’s concept of the Thought Police. In 1984, a secret police force investigates and punishes “thoughtcrimes,” which are personal and political thoughts unapproved by the state. The Thought Police monitor citizens and arrest anyone who engages in such crimes, to prevent personal autonomy and freedom of thought, thus providing the state with immense power and control over the populace.

The big government approach inherent in the Online Harms Act and others is antithetical to the idea of personal freedom. Famed English philosopher J.S. Mill was particularly observant in recognizing the perils of controlling and punishing speech government officials deem “dangerous.” In his book On Liberty, Mill stated “If any opinion is compelled to silence, that opinion may, for aught we can certainly know, be true. To deny this is to assume our own infallibility. Secondly, though the silenced opinion be an error, it may, and very commonly does, contain a portion of the truth; and since the general of prevailing opinion on any subject is rarely or never the whole truth, it is only by the collision of adverse opinions that the remainder of the truth has any chance of being supplied.”

Orwell’s famous novel provides a guidebook for what governments should avoid doing at all costs. Unfortunately, hints of 1984 have seeped into government policy in Canada today. The erosion of personal freedom is not something we should take for granted anymore.