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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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Economy

Federal government’s GHG reduction plan will impose massive costs on Canadians

Published on

From the Fraser Institute

By Ross McKitrick

Many Canadians are unhappy about the carbon tax. Proponents argue it’s the cheapest way to reduce greenhouse gas (GHG) emissions, which is true, but the problem for the government is that even as the tax hits the upper limit of what people are willing to pay, emissions haven’t fallen nearly enough to meet the federal target of at least 40 per cent below 2005 levels by 2030. Indeed, since the temporary 2020 COVID-era drop, national GHG emissions have been rising, in part due to rapid population growth.

The carbon tax, however, is only part of the federal GHG plan. In a new study published by the Fraser Institute, I present a detailed discussion of the Trudeau government’s proposed Emission Reduction Plan (ERP), including its economic impacts and the likely GHG reduction effects. The bottom line is that the package as a whole is so harmful to the economy it’s unlikely to be implemented, and it still wouldn’t reach the GHG goal even if it were.

Simply put, the government has failed to provide a detailed economic assessment of its ERP, offering instead only a superficial and flawed rationale that overstates the benefits and waives away the costs. My study presents a comprehensive analysis of the proposed policy package and uses a peer-reviewed macroeconomic model to estimate its economic and environmental effects.

The Emissions Reduction Plan can be broken down into three components: the carbon tax, the Clean Fuels Regulation (CFR) and the regulatory measures. The latter category includes a long list including the electric vehicle mandate, carbon capture system tax credits, restrictions on fertilizer use in agriculture, methane reduction targets and an overall emissions cap in the oil and gas industry, new emission limits for the electricity sector, new building and motor vehicle energy efficiency mandates and many other such instruments. The regulatory measures tend to have high upfront costs and limited short-term effects so they carry relatively high marginal costs of emission reductions.

The cheapest part of the package is the carbon tax. I estimate it will get 2030 emissions down by about 18 per cent compared to where they otherwise would be, returning them approximately to 2020 levels. The CFR brings them down a further 6 per cent relative to their base case levels and the regulatory measures bring them down another 2.5 per cent, for a cumulative reduction of 26.5 per cent below the base case 2030 level, which is just under 60 per cent of the way to the government’s target.

However, the costs of the various components are not the same.

The carbon tax reduces emissions at an initial average cost of about $290 per tonne, falling to just under $230 per tonne by 2030. This is on par with the federal government’s estimate of the social costs of GHG emissions, which rise from about $250 to $290 per tonne over the present decade. While I argue that these social cost estimates are exaggerated, even if we take them at face value, they imply that while the carbon tax policy passes a cost-benefit test the rest of the ERP does not because the per-tonne abatement costs are much higher. The CFR roughly doubles the cost per tonne of GHG reductions; adding in the regulatory measures approximately triples them.

The economic impacts are easiest to understand by translating these costs into per-worker terms. I estimate that the annual cost per worker of the carbon-pricing system net of rebates, accounting for indirect effects such as higher consumer costs and lower real wages, works out to $1,302 as of 2030. Adding in the government’s Clean Fuels Regulations more than doubles that to $3,550 and adding in the other regulatory measures increases it further to $6,700.

The policy package also reduces total employment. The carbon tax results in an estimated 57,000 fewer jobs as of 2030, the Clean Fuels Regulation increases job losses to 94,000 and the regulatory measures increases losses to 164,000 jobs. Claims by the federal government that the ERP presents new opportunities for jobs and employment in Canada are unsupported by proper analysis.

The regional impacts vary. While the energy-producing provinces (especially Alberta, Saskatchewan and New Brunswick) fare poorly, Ontario ends up bearing the largest relative costs. Ontario is a large energy user, and the CFR and other regulatory measures have strongly negative impacts on Ontario’s manufacturing base and consumer wellbeing.

Canada’s stagnant income and output levels are matters of serious policy concern. The Trudeau government has signalled it wants to fix this, but its climate plan will make the situation worse. Unfortunately, rather than seeking a proper mandate for the ERP by giving the public an honest account of the costs, the government has instead offered vague and unsupported claims that the decarbonization agenda will benefit the economy. This is untrue. And as the real costs become more and more apparent, I think it unlikely Canadians will tolerate the plan’s continued implementation.

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Alberta

Alberta awash in corporate welfare

Published on

From the Fraser Institute

By Matthew Lau

To understand Ottawa’s negative impact on Alberta’s economy and living standards, juxtapose two recent pieces of data.

First, in July the Trudeau government made three separate “economic development” spending announcements in  Alberta, totalling more than $80 million and affecting 37 different projects related to the “green economy,” clean technology and agriculture. And second, as noted in a new essay by Fraser Institute senior fellow Kenneth Green, inflation-adjusted business investment (excluding residential structures) in Canada’s extraction sector (mining, quarrying, oil and gas) fell 51.2 per cent from 2014 to 2022.

The productivity gains that raise living standards and improve economic conditions rely on business investment. But business investment in Canada has declined over the past decade and total economic growth per person (inflation-adjusted) from Q3-2015 through to Q1-2024 has been less than 1 per cent versus robust growth of nearly 16 per cent in the United States over the same period.

For Canada’s extraction sector, as Green documents, federal policies—new fuel regulations, extended review processes on major infrastructure projects, an effective ban on oil shipments on British Columbia’s northern coast, a hard greenhouse gas emissions cap targeting oil and gas, and other regulatory initiatives—are largely to blame for the massive decline in investment.

Meanwhile, as Ottawa impedes private investment, its latest bundle of economic development announcements underscores its strategy to have government take the lead in allocating economic resources, whether for infrastructure and public institutions or for corporate welfare to private companies.

Consider these federally-subsidized projects.

A gas cloud imaging company received $4.1 million from taxpayers to expand marketing, operations and product development. The Battery Metals Association of Canada received $850,000 to “support growth of the battery metals sector in Western Canada by enhancing collaboration and education stakeholders.” A food manufacturer in Lethbridge received $5.2 million to increase production of plant-based protein products. Ermineskin Cree Nation received nearly $400,000 for a feasibility study for a new solar farm. The Town of Coronation received almost $900,000 to renovate and retrofit two buildings into a business incubator. The Petroleum Technology Alliance Canada received $400,000 for marketing and other support to help boost clean technology product exports. And so on.

When the Trudeau government announced all this corporate welfare and spending, it naturally claimed it create economic growth and good jobs. But corporate welfare doesn’t create growth and good jobs, it only directs resources (including labour) to subsidized sectors and businesses and away from sectors and businesses that must be more heavily taxed to support the subsidies. The effect of government initiatives that reduce private investment and replace it with government spending is a net economic loss.

As 20th-century business and economics journalist Henry Hazlitt put it, the case for government directing investment (instead of the private sector) relies on politicians and bureaucrats—who did not earn the money and to whom the money does not belong—investing that money wisely and with almost perfect foresight. Of course, that’s preposterous.

Alas, this replacement of private-sector investment with public spending is happening not only in Alberta but across Canada today due to the Trudeau government’s fiscal policies. Lower productivity and lower living standards, the data show, are the unhappy results.

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