Stop the Online Harms Act

To mcu@justice.gc.ca,

The Honourable Sean Fraser, P.C., M.P.
Attorney General of Canada and Minister of Justice
House of Commons
Ottawa, Ontario
K1A 0A6

Dear Minister Fraser,

RE: Preserving freedom of expression and due process in federal online safety legislation

We write to urge you not to reintroduce Bill C-63, the Online Harms Act, or any similar legislation. Protecting children and punishing online criminal activity are important goals supported by all Canadians. Canada’s Criminal Code already prohibits “online harms,” including the non-consensual sharing of intimate images, uttering threats, child sexual exploitation, criminal harassment, criminal intimidation, hate propaganda, terrorism, and incitement to violence and other crimes. We need better law enforcement, not more laws.

Apart from pretending to prohibit what is already illegal, Bill C-63 expands government censorship powers and punishes lawful expression. Under Bill C-63, Canadians who have not been charged with any crime, and not been convicted of any crime, can be placed under house arrest because of a hate speech crime they might commit in future. Bill C-63 is a radical departure from Canada’s tradition of freedom and the rule of law.

In particular, Bill C-63 would:

•	Impose pre-emptive legal restraints on individuals who have committed no crime, based solely on the fear of future speech crimes;

•	Grant the federal cabinet authority to create online censorship regulations (not debated or approved by Parliament) to control internet content;

•	Establish a new Digital Safety Commission with broad powers to compel online platforms to comply with new federal censorship regulations and to impose penalties on non-compliant platforms; 

•	Empower the Canadian Human Rights Commission to prosecute and punish non-criminal speech deemed “discriminatory,” permit anonymous complaints, eliminate the right to face one’s accuser, and impose penalties without proof of actual harm or identifiable victims: and

•	Introduce extreme penalties, including life imprisonment, for speech crimes.

Taken together, these measures will chill lawful public debate and expression in Canada. Many citizens will choose silence over the threat of investigation, fines, or reputational harm from anonymous accusations. Others may see their lawful expression removed by online platforms anticipating scrutiny from the federal government.

For these reasons, we urge you to reject any attempt to reintroduce the Online Harms Act (Bill C-63) or any similar legislation under a different name. 

Canada can and should protect children and combat real criminal activity online without undermining the fundamental freedoms and principles that define our free and democratic society.

Sincerely,