JUST Committee Report

SUPPLEMENTARY REPORT

NEW DEMOCRATIC PARTY OF CANADA

The NDP thanks the Justice Committee, staff, analysts, and witnesses who participated in the study about the impacts of online hate. Given that Canadians have witnessed an increase in hate crimes since 2009, including a 47% increase between 2016 and 2017, government action is required in combatting online hate speech. Recently, non-violent crimes, such as public incitement of hatred, played a greater role in the increase than violent hate crimes, and the NDP recognizes the need to protect citizens from online hate.

To eliminate hate speech on the internet, it is essential that the government standardize the definition of hate speech and its interpretation by law enforcement using existing definitions, such as the International Holocaust Remembrance Alliance’s working definition of anti-Semitism, and Justice Rothstein’s definitions of “hatred” (Saskatchewan Human Rights Commission v. Whatcott). Given that police-reported hate crimes motivated by race, ethnicity, religion, gender, and sexual orientation have all increased, it is critical that this definition of “hate speech” acknowledge that specific populations are disproportionately targeted. Hate speech must be defined to address systemic racism, religious discrimination, Indigenous people, women, and the LGBTQ+ community.  

The NDP calls for a national strategy for tracking and reporting online hate—in particular, a national database to retain and analyze internet hate incidents. In agreement with President and CEO of the Centre for Israel and Jewish affairs Shimon Koffler Fogel’s recommendation, we support the development of partnerships between the government and technology companies using the Tech Against Terrorism (TAT) initiative as a model.  

Many witnesses testified about marginalized groups’ discomfort speaking directly to law enforcement to report hate speech. Often, people subjected to hate speech are more comfortable talking to civil society organizations affiliated with their community rather than police officers. To facilitate the reporting of hate speech on the internet, it is crucial that law enforcement at every level—municipal, provincial, and federal—reflect Canada’s diversity and that resources are allocated to both government organizations and NGOs. Improved mechanisms for reporting hate speech will result in more data on and, thus, a better overall understanding of online hate speech.  

In addition to voicing concerns about the lack of reporting of online hate, witnesses repeatedly expressed a need for robust educational initiatives to prevent hate speech on the internet. More resources for media literacy programs—at the K-12 level but also for Canadians over the age of eighteen—and information campaigns demonstrating the real-life repercussions of online hate are necessary. The public must be aware that online hate is a serious epidemic within our society and understand that those who propagate hate speech can be criminally charged, and have the necessary strategies to build resilience against and report hate speech. The government needs to allocate resources to organizations that are currently promoting the media literacy skills and critical thinking abilities necessary to distinguish factual news from misinformation.  

[…] there are two kinds of content online that can lead to a lot of violence. One is actual hate and the other is misinformation. We believe the Government of Canada can support and fund community initiatives of digital media literacy to help youth and adults alike be able to differentiate between misinformation and credible information as a method of responding to hate. There is a variety of programming that successfully teaches both generations how to differentiate between real and fake news, making them less susceptible to being influenced by hateful messages. This is essential, given the industry of hate and fake news. Moreover, teaching media literacy skills empowers youth to control their own narrative of their identity and to respond to the negative messages with positive ones.

-Ms. Lina Chaker, the Windsor Islamic Association

Another witness pointed out that MediaSmarts and Public Safety Canada are already doing excellent work in the area of new media education and recommended that these organizations should receive more funding. The NDP also seeks to foster diversity and inclusion by funding existing community groups—faith-based, ethno-cultural, indigenous, language-based, LGBTQ2S+—and fostering greater interaction between these communities.  

We also need to build community resilience against hate by fostering diversity and inclusion. This includes building greater connection with communities, whether they are faith-based, ethno-cultural, indigenous, language-based, LGBTQ2S+, and so on, in order to foster greater intercultural awareness and understanding, break down the fear of others and understand how our experiences are similar. These connections strengthen our communities so that we will stand up and be each other's allies in combatting hate.

-Ms. Queenie Choo, Chief Executive Officer, S.U.C.C.E.S.S.

To better respond to internet hate speech, the NDP advocates for the government to establish crime units dedicated to online hate at both the municipal, provincial, and federal levels. Witnesses are concerned that both smaller organizations and law enforcement lack the necessary resources to investigate online hate thoroughly.  

We are a small organization relatively speaking, with modest resources, so we can't necessarily deal with individual complaints. We do have a 24-hour, seven-day-a-week hotline, which is how we record a lot of our data, together with reaching out to police forces across the country when we prepare the audit.

• Mr. Brian Herman, Director, Government Relations B’nai Brith Canada

When it comes to the police, it's also a problem of expertise and time.

• Mr. David Matas, Senior Legal Counsel, B’nai Brith Canada

In agreement with most witnesses, New Democrats support the prosecution of online hate speech or the creation of a civil remedy for those who assert that their human rights have been violated. Since section 13 of the Canadian Human Rights Act was repealed in 2013, Canada has lacked the necessary legislation to penalize those who promote online hate. Many witnesses suggested the reinstatement of section 13—legislation that criminalizes hate speech specifically communicated by telephone and/or the internet—citing it as a vital piece of legislation. Some recommended reopening and reviewing the Canadian Human Rights Act in its entirety with technological developments and the ways in which information spreads on the internet in mind and supported the reinstatement but also the restructuring and updating of section 13. Ms. Morgane Oger, founder of the Morgan Oger Foundation, spoke to technological changes and hate speech, saying, “Because display screens are the modern equivalent of paper, in the context that they are fetching information stored on a media for the purpose of displaying it, they should be treated as publications.”

Although we currently have tools to do so, such as section 319 of the Criminal Code, our community feels that they are not adequately utilized and thus cannot encompass online hate crimes.

• Mr. Sinan Yasarlar, The Windsor Islamic Council

The NDP believes that people who spread hateful messages, whether online or off-line, must be held accountable for their actions. Thus, the government should reopen and update the CHRA with today’s technology considered and, likewise, reinstate an updated version of section 13. Through this study, New Democrats have also concluded that the government must impose strict standards and penalties for social media companies when it comes to prosecuting online hate. As many witnesses testified, other countries have developed strategies to impose regulations and protocols for social media companies to deal with hateful content on their sites. Australia and Germany now penalize social media sites that fail to remove hateful content with financial charges or imprisonment. While the NDP is aware that regulation of online content is difficult, Canada already regulates other forms of online content like child pornography and has instituted anti-spam legislation. Moreover, many social media platforms have innovated effective solutions for dealing with terrorist content, so they must act on regulating online hate speech or face legal repercussions in Canada. 

Given that nearly all Canadians under the age of 45 use the internet everyday according to Statistics Canada, and the connection between online hate speech and real-life, violent hate crimes, we thank all committee members, staff, analysts, and especially witnesses who participated in this important study. Many people who were personally subjected to hate speech—words that threatened their lives, their families, and their communities—took the time to share their often-traumatic experiences and made excellent recommendations as to how we can work together as a nation to reduce the amount of hate speech on the internet and–eventually—eliminate it altogether. 

New Democrats believe that Canada needs legislation that pertains specifically to the spread of hate speech on the internet, we currently have legislation that clearly defines hate speech and, as previously mentioned in this report, many organizations have crafted definitions that are effective in combatting hate crimes. Arguments surrounding Canadians’ right to freedom of speech often derailed committee meetings and prioritized academic, pedantic discussions rather than the lived-experiences of those who have suffered the real-world repercussions of internet hate speech and hate crimes.  

In conclusion, this committee had the privilege hearing about the impact that online hate has on the lives of witnesses and the people of their communities as well as many excellent recommendations for defining, tracking, reporting, combating, and educating the public about online hate. However, the NDP’s key message regarding hate on the internet is that it can be clearly defined. The NDP notes that it was unfortunate that other parties used this study as a venue to provide those who spread harmful messages a platform to further their insidious ideas. We believe that the committee’s time would have been better spent on those who are affected by hate speech—those who experience systematic racism, religious persecution, or prejudice based on their sexual orientation or gender identity. To do otherwise is to trivialize their experiences and their losses.

NDP RECOMMENDATIONS

Recommendation 1 – Defining Online Hate

That the Government of Canada establish uniform pan-Canadian guidelines and standards for the collection and handling of hate crime data and hate incident data; this would include efforts to standardize the definition and the interpretation, by law enforcement, of hate crimes. It is critical that this definition acknowledges persons who are disproportionately targeted by hate speech including but not limited to racial, Indigenous, ethnic, linguistic, sexual orientation, gender identity, and religious groups.

NDP Recommendation 2 – Tracking and Reporting Online Hate

• That the Government of Canada create a national database to retain and analyze hate crime and hate incident data.
• That relevant federal government departments create a mechanism for organizations and communities to share best practices with the federal government on their online hate tracking and reporting.
• That the Government of Canada invest in research regarding the impacts of online disinformation and misinformation.

NDP Recommandation 3 – Prevention Online Hate

That the Government of Canada increase investments in digital literacy initiatives, educating Canadians to think critically about media and the risks associated with online misinformation.

NDP Recommendation 4 – Responding to Online Hate 

• That the Government of Canada design new policy responses to online hate, enable law enforcement to effectively respond to online hate (establish hate crime units in major cities, create clear hate crimes strategies, provide additional training and resources to law enforcement).
• That the Government of Canada mandate relevant departments and encourage partners at the provincial and municipal levels and within civil society to create additional reporting options for online hate incidents, in addition to reporting to law enforcement.
• That the Government of Canada work with the Canadian Association of Police Chiefs to incorporate racial and cultural sensitivity training as well as specific training for the handling of online hate crime cases for officers and other members of law enforcement.
• That the Government of Canada increase funding for law enforcement and security agencies to investigate hate speech on the Internet and to enforce existing laws.
• That the Government of Canada enact legislation imposing a duty on social media platforms to remove manifestly illegal content in a timely fashion, including hate speech, harassment and disinformation, or risk monetary sanctions commensurate with the dominance and significance of the social platform, and allowing for judicial oversight of takedown decisions and a right of appeal.

NDP Recommendation 5 – Responding to Online Hate

That Government of Canada conduct a legislative review of the Canadian Human Rights Act with particular attention to section 13.