Now Online Harms Bill C-63 can be a win for Canada

Splitting C-63 positions bill for successful adoption

December 4, 2024 — Today Minister of Justice Arif Virani announced a split of the Bill C-63, The Online Harms Act. Parts One and Four, which cover the Online Harms Act itself, will move to pre-study at Parliament’s Justice Committee. Controversial amendments to Canada’s Human Rights Act and Criminal Code in Parts Two and Three will be separated for later consideration. This separation will allow Parliament and the public to focus on considering the merits of the Online Harms Act itself, as described in Part One of Bill C-63. 

“Today’s decision is a huge win for Canadians, protecting our rights while reducing harms,” said OpenMedia Executive Director Matt Hatfield. “In a precarious House, Bill C-63 was unlikely to make its way successfully to becoming law shackled to the deeply speech-chilling proposals of Parts Two and Three. With those parts separated and deferred, MPs can focus their attention where it should always have been; regulating the seven illegal harms covered by the Online Harms Act.”

“There’s still work to do before Bill C-63 is ready to go,” continued Hatfield. “It’s critical that when platforms covered by C-63 are developing plans to protect young people and vulnerable Internet users, they consider the impact of their measures on the privacy and freedom of expression of Canadians, and ensure these rights are respected. We expect our MPs to be diligent in hearing from witnesses and passing appropriate amendments before referring C-63 back to the House.”

Bill C-63 was introduced on February 26 2024, and is currently awaiting second reading in the House of Commons. Since its introduction, public discussion has overwhelmingly focused on its controversial changes to the Criminal Code and Human Rights Act described in Parts Two and Three, overshadowing the core elements of Part One designed to tackle illegal online content and protect young people in Canada. 

Part Two's proposed Criminal Code changes, including pre-emptive peace bonds and potential lifetime imprisonment, raised serious concerns about disproportionate punishments that risk chilling legitimate speech. Part Three’s changes to the Human Rights Act were widely criticized as likely to overwhelm the Commission with complaints, delaying more substantive cases and potentially incentivizing bad-faith complaints as tools of harassment.

Civil society groups and experts released a joint letter in May requesting the government split or drop Parts Two and Three of Bill C-63. Many of these groups have engaged the government throughout the process of developing legislation, including through a 2023 expert letter outlining red lines and recommendations for potential legislation, and by individual submissions to the government’s 2021 consultation.

OpenMedia’s FAQ on Bill C-63 breaks down the problems with Part two and Three, and why Part One is worth saving. Since Bill C-63’s introduction, more than 7200 OpenMedia community members have written to their MPs asking them to split Bill C-63.