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Trudeau’s online harms bill threatens freedom of expression, constitutional lawyer warns

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8 minute read

From LifeSiteNews

By Anthony Murdoch

The legislation could further regulate the internet in Canada by allowing a new digital safety commission to conduct ‘secret commission hearings’ against those found to have violated the new law.

A top constitutional lawyer warned that the federal government’s Online Harms Act to further regulate the internet will allow a new digital safety commission to conduct “secret commission hearings” against those found to have violated the new law, raising “serious concerns for the freedom of expression” of Canadians online.

Marty Moore, who serves as the litigation director for the Justice Centre for Constitutional Freedoms-funded Charter Advocates Canada, told LifeSiteNews on Tuesday that Bill C-63 will allow for the “creation of a new government agency with a broad mandate to promote ‘online safety’ and target ‘harmful content.’”

“The use of the term ‘safety’ is misleading, when the government through Bill C-63 is clearly seeking to censor expression simply based on its content, and not on its actual effect,” he told LifeSiteNews.

Moore noted that the bill will also “open doors for government regulation to target undefined psychological harm.”

The new government bill was introduced Monday by Justice Minister Arif Virani in the House of Commons and passed its first reading.

Bill C-63 will create the Online Harms Act and modify existing laws, amending the Criminal Code as well as the Canadian Human Rights Act, in what the Liberals under Prime Minister Justin Trudeau claim will target certain cases of internet content removal, notably those involving child sexual abuse and pornography.

Details of the new legislation to regulate the internet show the bill could lead to more people jailed for life for “hate crimes” or fined $50,000 and jailed for posts that the government defines as “hate speech” based on gender, race, or other categories.

The bill calls for the creation of a digital safety commission, a digital safety ombudsperson, and the digital safety office.

The ombudsperson and other offices will be charged with dealing with public complaints regarding online content as well as put forth a regulatory function in a five-person panel “appointed by the government.” This panel will monitor internet platform behaviors to hold people “accountable.”

He said that while the Commission’s reach is “only vaguely undefined,” it would have the power to regulate anyone who operates a “social media service” that “has a yet-to-be-designated number of users or is “deemed a regulated service by the government without regard to the number of users.”

According to the Trudeau government, Bill C-63 aims to protect kids from online harms and crack down on non-consensual deep-fake pornography involving children and will target seven types of online harms, such as hate speech, terrorist content, incitement to violence, the sharing of non-consensual intimate images, child exploitation, cyberbullying and inciting self-harm.

Virani had many times last year hinted a new Online Harms Act bill would be forthcoming.

Law opens door to secret or ‘ex parte’ warrants, lawyer warns

Moore observed that Bill C-63 also gives the commission the ability to seek secret or “ex parte warrants to enter people’s homes and to impose massive fines.” He told LifeSiteNews this will “likely coerce those operating social media services to exceed the Commission’s requirements of censorship on Canadians’ expression.”

Moore also confirmed that the Trudeau government’s new bill will “allow for” the creation of “secret commission hearings” simply on the basis that the “commission considers secrecy to be ‘in the public interest.’”

Moore told LifeSiteNews that the bill will also allow for the digital safety commission to be made an “order of the Federal Court.” He said this brings about a “serious concern that the commission’s orders, reissued by the Federal Court, could result in people being fined and imprisoned for contempt, pursuant to Federal Courts Rules 98 and 472.”

“While people cannot be imprisoned under section 124 of Bill C-63 for refusing to pay a Commission-imposed fine, it is possible that having a Commission order reissued by the Federal Court could result in imprisonment of a person for refusing to impose government censorship on their social media service,” he said.

 Lawyer: Trudeau’s bill will allow for ‘confidential complaints’

As part of Bill C-63, the Trudeau Liberals are looking to increase punishments for existing hate propaganda offenses substantially.

The Online Harms Act will also amend Canada’s Human Rights Act to put back in place a hate speech provision, specifically, Section 13 of the Act, that the previous Conservative government under Stephen Harper had repealed in 2013 after it was found to have violated one’s freedom of expression.

The text of the bill, released Monday afternoon, reads that the Canadian Human Rights Act will be amended to add a section “13” to it.

Moore warned that the return of section 13, will allow for “confidential complaints.”

As fines top $50,000 with a $20,000 payment to victims, the new section 13, Moore observed, “will undoubtedly cast a chill on Canadians expression, limiting democratic discourse, the search for truth and normal human expression, including attempts at humour.”

Conservative Party of Canada (CPC) leader Pierre Poilievre said the federal government is looking for clever ways to enact internet censorship laws.

On Tuesday in the House of Commons, Poilievre came out in opposition to the Online Harms Act, saying enforcing criminal laws rather than censoring opinions is the key to protecting children online.

During a February 21 press conference, Poilievre said, “What does Justin Trudeau mean when he says the word ‘hate speech?’ He means speech he hates.”

Thus far, Poilievre has not commented on the full text of Bill C-63. Many aspects of it come from a lapsed bill from 2021.

In June 2021, then-Justice Minister David Lametti introduced Bill 36, “An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech).” It was blasted as a controversial “hate speech” law that would give police the power to “do something” about online “hate.”

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Federal government’s accounting change reduces transparency and accountability

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From the Fraser Institute

By Jake Fuss and Grady Munro

Carney’s deficit-spending plan over the next four years dwarfs the plan from Justin Trudeau, the biggest spender (per-person, inflation-adjusted) in Canadian history, and will add many more billions to Canada’s mountain of federal debt. Yet Prime Minister Carney has tried to sell his plan as more responsible than his predecessor’s.

All Canadians should care about government transparency. In Ottawa, the federal government must provide timely and comprehensible reporting on federal finances so Canadians know whether the government is staying true to its promises. And yet, the Carney government’s new spending framework—which increases complexity and ambiguity in the federal budget—will actually reduce transparency and make it harder for Canadians to hold the government accountable.

The government plans to separate federal spending into two budgets: the operating budget and the capital budget. Spending on government salaries, cash transfers to the provinces (for health care, for example) and to people (e.g. Old Age Security) will fall within the operating budget, while spending on “anything that builds an asset” will fall within the capital budget. Prime Minister Carney plans to balance the operating budget by 2028/29 while increasing spending within the capital budget (which will be funded by more borrowing).

According to the Liberal Party platform, this accounting change will “create a more transparent categorization of the expenditure that contributes to capital formation in Canada.” But in reality, it will muddy the waters and make it harder to evaluate the state of federal finances.

First off, the change will make it more difficult to recognize the actual size of the deficit. While the Carney government plans to balance the operating budget by 2028/29, this does not mean it plans to stop borrowing money. In fact, it will continue to borrow to finance increased capital spending, and as a result, after accounting for both operating and capital spending, will increase planned deficits over the next four years by a projected $93.4 billion compared to the Trudeau government’s last spending plan. You read that right—Carney’s deficit-spending plan over the next four years dwarfs the plan from Justin Trudeau, the biggest spender (per-person, inflation-adjusted) in Canadian history, and will add many more billions to Canada’s mountain of federal debt. Yet Prime Minister Carney has tried to sell his plan as more responsible than his predecessor’s.

In addition to obscuring the amount of borrowing, splitting the budget allows the government to get creative with its accounting. Certain types of spending clearly fall into one category or another. For example, salaries for bureaucrats clearly represent day-to-day operations while funding for long-term infrastructure projects are clearly capital investments. But Carney’s definition of “capital spending” remains vague. Instead of limiting this spending category to direct investments in long-term assets such as roads, ports or military equipment, the government will also include in the capital budget new “incentives” that “support the formation of private sector capital (e.g. patents, plants, and technology) or which meaningfully raise private sector productivity.” In other words, corporate welfare.

Indeed, based on the government’s definition of capital spending, government subsidies to corporations—as long as they somehow relate to creating an asset—could potentially land in the same spending category as new infrastructure spending. Not only would this be inaccurate, but this broad definition means the government could potentially balance the operating budget simply by shifting spending over to the capital budget, as opposed to reducing spending. This would add to the debt but allow the government to maneuver under the guise of “responsible” budgeting.

Finally, rather than split federal spending into two budgets, to increase transparency the Carney government could give Canadians a better idea of how their tax dollars are spent by providing additional breakdowns of line items about operating and capital spending within the existing budget framework.

Clearly, Carney’s new spending framework, as laid out in the Liberal election platform, will only further complicate government finances and make it harder for Canadians to hold their government accountable.

Jake Fuss

Director, Fiscal Studies, Fraser Institute

Grady Munro

Policy Analyst, Fraser Institute
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Carney poised to dethrone Trudeau as biggest spender in Canadian history

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From the Fraser Institute

By Jake Fuss

The Liberals won the federal election partly due to the perception that Prime Minister Mark Carney will move his government back to the political centre and be more responsible with taxpayer dollars. But in fact, according to Carney’s fiscal plan, he doesn’t think Justin Trudeau was spending and borrowing enough.

To recap, the Trudeau government recorded 10 consecutive budget deficits, racked up $1.1 trillion in debt, recorded the six highest spending years (per person, adjusted for inflation) in Canadian history from 2018 to 2023, and last fall projected large deficits (and $400 billion in additional debt) over the next four years including a $42.2 billion deficit this fiscal year.

By contrast, under Carney’s plan, this year’s deficit will increase to a projected $62.4 billion while the combined deficits over the subsequent three years will be $67.7 billion higher than under Trudeau’s plan.

Consequently, the federal debt, and debt interest costs, will rise sharply. Under Trudeau’s plan, federal debt interest would have reached a projected $66.3 billion in 2028/29 compared to $68.7 billion under the new Carney plan. That’s roughly equivalent to what the government will spend on employment insurance (EI), the Canada Child Benefit and $10-a-day daycare combined. More taxpayer dollars will be diverted away from programs and services and towards servicing the debt.

Clearly, Carney plans to be a bigger spender than Justin Trudeau—who was the biggest spender in Canadian history.

On the campaign trail, Carney was creative in attempting to sell this as a responsible fiscal plan. For example, he split operating and capital spending into two separate budgets. According to his plan’s projections, the Carney government will balance the operating budget—which includes bureaucrat salaries, cash transfers (e.g. health-care funding) and benefits (e.g. Old Age Security)—by 2028/29, while borrowing huge sums to substantially increase capital spending, defined by Carney as anything that builds an asset. This is sleight-of-hand budgeting. Tell the audience to look somewhere—in this case, the operating budget—so it ignores what’s happening in the capital budget.

It’s also far from certain Carney will actually balance the operating budget. He’s banking on finding a mysterious $28.0 billion in savings from “increased government productivity.” His plan to use artificial intelligence and amalgamate service delivery will not magically deliver these savings. He’s already said no to cutting the bureaucracy or reducing any cash transfers to the provinces or individuals. With such a large chunk of spending exempt from review, it’s very difficult to see how meaningful cost savings will materialize.

And there’s no plan to pay for Carney’s spending explosion. Due to rising deficits and debt, the bill will come due later and younger generations of Canadians will bear this burden through higher taxes and/or fewer services.

Finally, there’s an obvious parallel between Carney and Trudeau on the inventive language used to justify more spending. According to Carney, his plan is not increasing spending but rather “investing” in the economy. Thus his campaign slogan “Spend less, invest more.” This wording is eerily similar to the 2015 and 2019 Trudeau election platforms, which claimed all new spending measures were merely “investments” that would increase economic growth. Regardless of the phrasing, Carney’s spending increases will produce the same results as under Trudeau—federal finances will continue to deteriorate without any improvement in economic growth. Canadian living standards (measured by per-person GDP) are lower today than they were seven years ago despite a massive increase in federal “investment” during the Trudeau years. Yet Carney, not content to double down on this failed approach, plans to accelerate it.

The numbers don’t lie; Carney’s fiscal plan includes more spending and borrowing than Trudeau’s plan. This will be a fiscal and economic disaster with Canadians paying the price.

Jake Fuss

Director, Fiscal Studies, Fraser Institute
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