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Results: 1 - 15 of 114
Shimon Koffler Fogel
View Shimon Koffler Fogel Profile
Shimon Koffler Fogel
2021-06-16 17:03
With your permission, Mr. Chair, I'll quickly begin and make the following observation.
I think the pace of change in the landscape or backdrop with which we're looking at these issues is breathtaking. The idea that it behooves us to review those instruments, policies, regulations and legislation that are currently in place on a regular basis is one that I think is self-evident.
We never would of thought, even two years.... I mean, smart phones only came into existence at the end of 2012. It's really only now that we're beginning to appreciate the power of social media as a vehicle either for good or, in this context, something very, very not good. So I think that it does behoove us to look at old legislation, old regulations and old approaches, and test them against the reality of today.
I'll also point out that, for example, in a concrete way, we're always trying to balance—and I know your committee is struggling with balancing—the issue of free speech with freedom from threat. Some of you will recall that there was a contentious debate about section 13. It was ultimately eliminated by the government of the day, because it is a two-edged sword. On the one hand it enshrines the notion we all believe in, which is freedom of expression. On the other hand, it's also been used as a way to insulate groups that are trying to foment hate with protection from the very thing we're trying to prevent.
It's adding work to your plate, but I think it behooves you to routinely build into legislation and recommendations a need for periodic review that would test the reality against what you are trying to achieve.
Mustafa Farooq
View Mustafa Farooq Profile
Mustafa Farooq
2021-06-16 17:06
I'll say briefly that I think Shimon is right, as I think he often is, on the critical tension here between a desire to protect folks versus those critical constitutional values that we uphold and know that we need to be upheld.
I think those are exactly the kinds of reasons that we had concerns around overly broad language vis-à-vis terrorist propaganda. We were pleased to see that the most recent iteration of legislation narrowed it down to a more focused “counselling” offence. We thought that was important.
From our perspective, we want to see the legislation applied equally, but that's not the same as seeing.... As in the sense that white supremacist terrorist group should be dealt with appropriately through the listing provisions that are there, we have to careful about overexpanding our Criminal Code, especially around terrorism sections. I think there are existing tools that need to be utilized, and if there are other ways of approaching white supremacist groups, such as the creation of a new listing procedures, I think that could be done outside of the precise mechanics of terrorism legislation, which, of course, has with it a whole regulatory and legislative set of considerations to deal with.
View Jean Yip Profile
Lib. (ON)
Can you reiterate Canada's commitment to the promotion and protection of freedom of expression around the world?
View Marc Garneau Profile
Lib. (QC)
Canada feels extremely strongly about freedom of expression. It is part of the basic values that are enshrined in our Charter of Rights. We will always speak up with respect to human rights.
As we know, in the case of China, there are numerous examples, whether we're talking about the Uighurs, about Tibetans, or about Hong Kong citizens, not to mention the detention that has been imposed on tow of our citizens, who were arbitrarily detained. These violations of human rights are issues that we bring up on a regular basis with the Chinese government.
View Steven Guilbeault Profile
Lib. (QC)
Thank you, Mr. Chair.
Mr. Chair, members of the committee, good morning.
I would first like to acknowledge that I am joining you from Montreal, on the traditional territory of the Mohawk and other Haudenosaunee peoples.
Thank you for inviting me to speak to you today. With me, as you said, are Joëlle Montminy, senior assistant deputy minister, cultural affairs, and Pierre-Marc Perreault, acting director, digital citizen initiative.
Like you and many other Canadians, I am concerned by the disturbing rise and spread of hateful, violent and exploitive content online and on social media.
As a legislator and father of four children, I find some of the content of these platforms to be profoundly inhuman.
I am also deeply troubled by the consequences and the echoes of that content in the real world.
The overall benefits of the digital economy and social media are without question. In fact, I published a book, shortly before I took up politics, wherein I talked about the benefits of the digital economy, of artificial intelligence in particular, but also about some unintended negative consequences.
In Canada, more than 9 out of 10 adults use at least one online platform, and since the beginning of the pandemic, online platforms have played an even more important role in our lives.
We use social media platforms like Facebook, Twitter, Instagram and YouTube to stay connected to our families, friends and colleagues. We use them to work, to conduct business, to reach new markets and audiences, to make our voices and opinions heard, and to engage in necessary and vital democratic debate. However, we have also seen how social media can have negative and very harmful impacts.
On a daily basis, there are Internet users who share damaging content, either to spread hate speech, the sexual exploitation of children, terrorist propaganda, or words meant to incite violence.
This content has led and contributed to violent outbursts such as the attack on the Islamic Cultural Centre in Quebec City in 2017, and similar attacks in Christchurch, New Zealand, in 2019.
Canadians and people all over the world have watched these events and others unfold on the news with shock and fear. We all understand the connections between these events and hateful, harmful online discourse. We worry about our own safety and security online. We worry about what our children and our loved ones will be exposed to.
According to a recent poll by the Canadian Race Relations Foundation, an overwhelming 93% of Canadians believe that online hate and racism are a problem, and at least 60% believe that the government has an obligation to prevent the spread of hateful and racist content online.
In addition, the poll revealed that racialized groups in Canada are more than three times more likely to experience racism online than non-racialized Canadians.
Since the beginning of the COVID‑19 pandemic, we have seen a rise in anti-Asian hate speech on the Internet and a steady increase in anti-Semitic rhetoric, further fuelled by recent events.
A June 2020 study by the Institute for Strategic Dialogue found that Canadians use more than 6,600 online services, pages and accounts hosted on various social media platforms to convey ideologies tinged with white supremacism, misogyny or extremism. This type of content wreaks havoc and destroys lives. It is intimidating and undermines constructive exchange. In doing so, it prevents us from having a true democratic debate and undermines free speech.
The facts speak for themselves. We must act, and we must act now. We believe that every person has the right to express themselves and participate in Internet exchanges to the fullest extent possible, without fear and without intimidation or concern for their safety. We believe that the Internet should be an inclusive place where we can safely express ourselves.
Our government is therefore committed to taking concrete steps to address harmful content online, particularly if the content advocates child sexual exploitation, terrorism, violence, hate speech, and non-consensual sharing of intimate images.
In fact, this is one of the priorities outlined in the mandate letter given to me by Prime Minister Justin Trudeau. So we have begun the process to develop legislation that will address the concerns of Canadians.
Over the past few months my office and I have engaged with over 140 stakeholders from both civil society organizations and the digital technology sector regarding this issue. This has included seven round-table discussions. We also spoke with indigenous groups, racialized Canadians, elected provincial officials, municipal officials and our international partners to assess our options and begin to develop a proposed approach.
In addition, given the global nature of the problem, I have hosted a virtual meeting with my counterparts from Australia, Finland, France and Germany—who were part of the multi-stakeholder working group on diversity of content online—to discuss the importance of a healthy digital ecosystem and how to work collectively.
I am also working closely with my colleagues the ministers of Justice, Public Safety, Women and Gender Equality,Diversity and Inclusion and Youthas well asInnovation, Science and Industry to find the best possible solution.
Our collaborative work aims to ensure that Canada's approach is focused on protecting Canadians and continued respect for their rights, including freedom of opinion and expression under the Charter of Rights and Freedoms. The goal is to develop a proposal that establishes an appropriate balance between protecting speech and preventing harm.
Let me be clear. Our objective is not to reduce freedom of expression but to increase it for all users, and to ensure that no voices are being suppressed because of harmful content.
We want to build a society where radicalization, hatred, and violence have no place, where everyone is free to express themselves, where exchanges are not divisive, but an opportunity to connect, understand, and help each other. We are continuing our work and hope to act as quickly and effectively as possible. I sincerely hope that I can count on the committee's support and move forward to build a more transparent, accountable and equitable digital world.
I thank you for your attention and will be happy to answer any questions you may have.
View Kenny Chiu Profile
CPC (BC)
Thank you.
My second question is for Ms. Lhamo.
With regard to the trolls of the CCP proxies, the 50 Cent Army, that you referenced, do you have any good suggestions? Let's just assume that these are people who live in Canada here. Do you have any good suggestions for government to deal with these people to make them understand the limit of freedom of speech versus criminal actions?
Chemi Lhamo
View Chemi Lhamo Profile
Chemi Lhamo
2021-05-31 19:08
I think it's to lead by example. When the government takes concrete action by implementing legislation to counter covert Chinese government interferences—and there are examples led by other governments like the U.S. or Australia that you folks can take and implement within the Canadian government—that will have a ripple effect within the Canadian constituents. People will understand the seriousness of the issues, the human rights violations that are happening in China, in Tibet, in East Turkestan, in Hong Kong and wherever else this is happening. With that, I believe Canadians will also learn more about what is actually happening and why we're doing what we're doing. When that happens, we can start creating a space of safer spaces and communal healing where people know what the difference is.
Rukiye Turdush
View Rukiye Turdush Profile
Rukiye Turdush
2021-05-31 19:09
I want to quickly add something.
Also, the Canadian government should educate those communities and the people, too, because they cannot differentiate between crime and freedom of speech. They say, “Okay, you're anti-China and anti-Communist Party, but I support them. That's my speech freedom. That's why I'm attacking you.” So many Canadians, not only Chinese people, not only ethnic Chinese—I saw so many Pakistanis, too—are supporting China's Communist Party, distributing fake news and attacking me through social media. These people are YouTubers, influential people. People have to be educated. Education is important, too.
View Christine Normandin Profile
BQ (QC)
Thank you.
Mr. Matthews, I have a question for you. The Chinese Communist Party is successfully curtailing freedom of speech here, especially for Tibetan, Hong Kong and Uyghur nationals.
Are you concerned that this curtailing of freedom of expression will extend to the average person in Canada and that it will involve more and more subjects?
Kyle Matthews
View Kyle Matthews Profile
Kyle Matthews
2021-05-31 20:03
I saw a finger being held up there, so I'm not sure whether I'm allowed to talk or not.
The Chair: It means we have one minute.
Mr. Kyle Matthews: One minute?
Listen, this is playing out on the Internet across the globe, but today I read that the Jamestown Foundation shows that the Chinese government has two million paid Internet commentators and 20 million part-time volunteers to engage in Internet trolling. When people express something online—or even make a comment—in a Canadian Internet sphere, there are people swarming them, trying to stop them from speaking. The harassment becomes so bad that they just no longer comment on it.
It is, then, about freedom of expression. You can weaponize social media—bots and real people—to silence others. This is also a big problem, and there are discussions about why the Chinese authorities get to use social media platforms that their own citizens aren't allowed to use.
View David Lametti Profile
Lib. (QC)
Thank you very much, Mr. Chair. Good afternoon.
I wish to acknowledge that I'm speaking to you today from Ottawa on the traditional territory of the Algonquin people.
Thank you, Mr. Chair, for the invitation to appear before you to discuss the charter statement that was tabled for Bill C-10, as well as the explanatory document requested for the proposed amendments now before the committee.
As you can see, I'm appearing alongside Minister Guilbeault, who is the minister responsible for Bill C-10. I am accompanied by officials from my department.
I want to begin by discussing the duty I have under the law, as Minister of Justice, to prepare statements regarding the Canadian Charter of Rights and Freedoms for government bills introduced in the House of Commons.
I will discuss the purpose of charter statements and provide the context, including their history. I will explain what charter statements are meant to do and not do.
I will also gladly speak to the charter statement tabled in relation to Bill C-10, as well as the explanatory document provided to the committee concerning the potential effects of the proposed amendments on freedom of expression.
I should note at the outset that it is not my role as Minister of Justice and Attorney General to give legal advice to parliamentary committees. You have access to your own legal counsel and independent witnesses.
As you are aware, however, I do have obligations under the Department of Justice Act in terms of reviewing proposed government bills for inconsistency with the charter and preparing charter statements for government bills. This obligation was created by our government to be open and transparent with Canadians about the charter considerations of our legislation.
These two sets of obligations—examining bills and preparing charter statements—are both focused on the bill as tabled.
Section 4.2 of the Department of Justice Act requires the Minister of Justice to ensure that a charter statement is tabled in the House of Commons for every government bill. That obligation came into force in December 2019.
Examining bills for potential inconsistency with the charter, as set out in section 4.1, is one of my most important responsibilities. Rest assured that I also take very seriously the obligation to ensure charter statements are tabled in the House, as set out in section 4.2.
Now I will turn to the purpose of charter statements.
Charter statements are intended to inform parliamentary and public debate on a government bill. They foster transparency regarding the effects of a government bill on the fundamental values protected by the charter. They provide parliamentarians with additional information to further inform the important legislative debates they have on behalf of Canadians. Charter statements also provide Canadians with additional information to help them participate in these debates through their elected representatives.
The obligation to table charter statements is a testament to our government's commitment to respect and uphold the charter, as an integral part of the country's good governance.
We can never abdicate our responsibility as a government to ensure that our decisions—including those reflected in the reform of an act—respect our fundamental rights and freedoms. Section 4.2 of the Department of Justice Act strengthens the obligation this government and future governments have to respect this most basic of requirements.
I would like to take a few moments to explain the content of charter statements. In keeping with their purpose, charter statements are drafted at a high level. They set out in an accessible way the potential effects a bill may have on the rights and freedoms guaranteed by the charter. Charter statements also explain considerations that support the constitutionality of a bill.
In our discussion of the charter, it is also important to stress that, when Parliament legislates, it may have an effect on charter rights and freedoms. This may include limiting people's enjoyment or exercise when it is in the broader public interest to do so. This is entirely legitimate. The rights and freedoms guaranteed in the charter are not absolute, but rather subject to reasonable limits, as long as those limits can be demonstrably justified in a free and democratic society.
This means that, when identifying the potential effect of a bill that could limit a right or a freedom, it may also be necessary to consider whether the limit is reasonable and justified. A charter statement may therefore outline considerations relevant to the potential justifiability of a bill.
The fact that charter rights and freedoms can be limited, however, is not a licence to violate them. Rather, it is a reminder that any legislative limits to rights and freedoms must be carefully considered in the context of the shared values of Canada's unique, free and democratic society.
As parliamentarians, it is our responsibility to discuss and debate potential effects on charter guarantees. We exercise our judgment on behalf of Canadians as to whether proposed legislation strikes the right balance between rights and freedoms and the broader public interest. Charter statements are one more source of information to add to our deliberations.
I would also like to take a moment to explain what a charter statement is not.
A charter statement is not a legal opinion. It does not provide a comprehensive analysis of the constitutionality of a bill.
As I mentioned, a charter statement provides Parliament and the public with legal information relating to the possible effects of a bill on the rights guaranteed by the charter and to the considerations that support the consistency of the bill with the charter.
As we all know, bills often change when they are being considered by Parliament. A charter statement reflects the bill at the time it was introduced by the government in the House of Commons. Section 4.2 of the Department of Justice Act does not require that charter statements be updated as a bill progresses through Parliament.
Keeping that in mind, I will now turn to the proposed amendments to Bill C-10 in relation to social media, which are before the committee.
My fellow minister Mr. Guilbeault talked about the scope of the proposed amendments. He highlighted the key objectives underlying the amendments and discussed their intended effects on social media services and users.
In short, the proposed amendments are intended to empower the Canadian Radio-television and Telecommunications Commission to regulate a social media service in respect of programs uploaded by its unaffiliated users, strictly in relation to the following: payment of regulatory charges, such as to support the creation of Canadian programming; discoverability of Canadian creators; registration of the service; provision of information; and auditing of records.
In keeping with my obligations under the Department of Justice Act, I tabled a charter statement for Bill C-10 in the House of Commons on November 18, 2020. The charter statement for Bill C-10 identifies the rights and freedoms that may potentially be engaged by the bill, and relevant considerations that support the bill's consistency with the charter.
In considering the committee's recent discussions focusing on the impacts of the proposed amendments on social media, I understand there has been extensive debate on freedom of expression.
We have prepared and shared with you an explanatory document that examines the amendments, and discusses their potential effect on the right to freedom of expression in section 2(b) of the charter. I'm confident that these considerations support the charter consistency of the bill, and that they remain as outlined in the charter statement. It is our position that the bill, as tabled, and these proposed amendments are consistent with the charter.
As the charter statement indicates, the bill's regulatory requirements have the potential to engage freedom of expression in section 2(b) of the charter. The following considerations support the continued consistency of the proposed regulatory requirements of section 2(b).
By virtue of clause 1, which would remain in the bill, unaffiliated users of social media services would not be subject to broadcasting regulation in respect of the programs they post. What remains is an updating of the CRTC's regulatory powers, and providing it with new powers applicable to online service. The bill maintains the CRTC's role and flexibility at determining what, if any, regulatory requirements to impose on broadcasting undertakings.
Regarding the proposal to give the CRTC new limited powers to regulate an online undertaking that provides the social media service in respect of programs posted by unaffiliated users, the relevant charter considerations include the CRTC's discretionary role and flexibility.
The proposed narrowing of the CRTC's discretionary powers to regulate its social media service in respect of programs posted by unaffiliated users, to only discrete members that I have mentioned, is an additional consideration. The CRTC is subject to the charter, and must exercise any discretionary powers it has in a manner that is consistent with the charter.
The act states that it must be interpreted and applied in a manner consistent with freedom of expression. The CRTC's decisions on matters of law or jurisdiction are subject to review by the Federal Court of Appeal.
In my view, the relevant considerations that are set out in the charter statement remain valid. These considerations are not impacted by the proposed amendments.
Once again, thank you for the opportunity to address the committee today.
I am at your disposal to answer questions.
View Rachael Harder Profile
CPC (AB)
Thank you.
Minister, in the charter statement for BillC-10, clause 3, proposed section 4.1 is cited as grounds for the bill being in compliance with the charter. We know that section was removed. Experts in the industry now say that the removal of section 4.1 takes away the safeguards that were imperative to protect user-generated content.
Do you agree with that?
View David Lametti Profile
Lib. (QC)
As I said in my opening remarks, I'm not going to give legal advice. That is not part of my role as Minister of Justice. I don't give legal advice to committees.
That being said, the Department of Justice has provided a further explanatory document that examines the amendments, and discusses their potential effect on the right to freedom of expression, section 2(b) of the charter.
As I said in my opening remarks, I'm confident that the conclusion of that explanatory document is that the bill remains consistent, and the original charter statement has not changed as a result.
View Rachael Harder Profile
CPC (AB)
I appreciate that you're calling it an explanatory document, because it's not a new charter statement, so thank you for acknowledging that. It is simply an explanatory document. This committee did request a charter statement, so we'll get to that later.
In the explanatory document, there's no acknowledgement of section 4.1 being taken out. Why?
View David Lametti Profile
Lib. (QC)
I do not have an obligation to give legal advice. I have an obligation to give a charter statement under section 4.2. I did that when the bill was tabled, as is envisaged in the law.
We have provided an explanatory document. It's not a charter statement, but it takes into consideration the amendments that were made, and the original import of the charter statement remains true, that is, in our view the proposed amendments are consistent with the charter.
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