The Liberal government is proposing 91裸聊视频渄raconian penalties91裸聊视频� in the Criminal Code as part of its sweeping plan to target online hate, the Canadian Civil Liberties Association warns.

Justice Minister Arif Virani tabled the long-awaited bill earlier this week, billed as a way to address dangers that children face online.

It also includes the introduction of stiffer penalties for hate offences.

The bill proposes increasing the maximum punishment for advocating genocide to life imprisonment, and allowing sentences of up to five years in prison for other hate propaganda offences.

The national civil liberties group says higher sentences risk chilling free speech and also undermine 91裸聊视频渢he principles of proportionality and fairness91裸聊视频� within the legal system.

Noa Mendelsohn Aviv, its executive director and general counsel, said in an interview Wednesday she sees significant liberty issues throughout the bill.

There are problems, too, with the proposal of a digital safety commission that would be given sweeping powers to regulate social-media giants, she said.

When it comes to hate speech offences, she said she91裸聊视频檚 concerned because of the difficulty of distinguishing between 91裸聊视频減olitical activism, passionate debate and offensive speech.91裸聊视频�

To address such concerns, Virani has said the government is seeking to clarify the definition of hatred to reflect Supreme Court rulings on the matter.

It will be newly defined as 91裸聊视频渢he emotion that involves detestation or vilification91裸聊视频� that is 91裸聊视频渟tronger than disdain or dislike.91裸聊视频�

The bill also lays out that a statement that 91裸聊视频渄iscredits, humiliates, hurts or offends91裸聊视频� would not meet the bar to be considered promoting or inciting hatred.

University of Windsor law professor Richard Moon, who specializes in freedom of expression, said he welcomes the move.

It will help both authorities and the general public to better understand that courts view hate speech in a narrow sense, capturing only the most extreme circumstances, he said.

However, Moon said the sentencing changes are 91裸聊视频渢roubling91裸聊视频� because there91裸聊视频檚 no reason to believe they will work as an effective deterrent.

And it91裸聊视频檚 unclear, he said, how the government91裸聊视频檚 plan to create a new stand-alone hate crime offence would work, since hate can already be used as an aggravating factor in sentencing.

As proposed, the new offence would carry a potential sentence of life imprisonment.

91裸聊视频淭he idea that this could possibly carry with it life imprisonment 91裸聊视频� makes little sense to me,91裸聊视频� Moon said in an interview Wednesday.

In theory, he said, mischief or vandalism motivated by hatred could be seen as a hate crime.

And though it91裸聊视频檚 unlikely a judge would consider life imprisonment in such cases, 91裸聊视频渏ust the idea that is in theory an available sentence seems surprising, shocking to me,91裸聊视频� he said.

He said it91裸聊视频檚 a 91裸聊视频渄ramatic91裸聊视频� increase and 91裸聊视频渜uite a troubling development.91裸聊视频�

Jewish advocacy groups have welcomed the proposed changes, citing a sharp rise in antisemitism since the Israel-Hamas war began last fall.

In unveiling the potential life sentence for advocating genocide, Virani said he heard through consultation with stakeholders that the penalty should be increased.

He also said creating a new hate crime offence is meant to give police and Crown prosecutors more options.

To lay a hate propaganda charge under current Criminal Code provisions, such actors need to get permission from attorneys general. The new offence would not require that.

Virani said after the release of the bill that there had been some 91裸聊视频渕isunderstanding91裸聊视频� around the proposed offence and whether it would carry a punishment of life imprisonment.

He said the intention is not for the offence to be used alone, but rather in conjunction with other offences.

91裸聊视频淭hink about a theft, think about an assault, think about a rape, think about a murder 91裸聊视频� in certain contexts, what this will make available to a judge is that when they twin the fact of a murder with hate motivation, they could potentially apply something as significant as a life sentence,91裸聊视频� he said.

A life sentence under Canadian law is 25 years long.

Virani said judges have discretion on how and whether to use that level of sentencing.

91裸聊视频淚t is not a mandatory minimum. It is a potential maximum.91裸聊视频�

Mendelsohn Aviv said introducing a new hate offence could lead to misuse by police and potentially affect someone91裸聊视频檚 ability to a fair trial, given there would be a stigma associated with it.

Dealing with accusations of hate at the sentencing stage runs fewer risks, she said, because at that point evidence has already been presented and the accused has been convicted.

RCMP commissioner Mike Duheme welcomed the legislation, particularly tougher sentencing provisions and the move to make tech companies bear more responsibility for what happens online.

At this point, the RCMP believes it could enforce new measures ushered in by the bill without additional resources, Duheme said.

However, after seeing 91裸聊视频渨hat this generates,91裸聊视频� the force could look at any need for fresh resources, he added.

Conservative Leader Pierre Poilievre has said he would prefer police and criminal courts to tackle online harms against minors, rather than a regulator.

On Thursday, Virani said that approach ignores the wishes of victims who are asking for materials to be removed altogether and much more quickly than is currently the case.

91裸聊视频淲hat I91裸聊视频檝e heard resoundingly from law enforcement itself is that they need more responsibility from online platforms,91裸聊视频� he said.

91裸聊视频淭his stuff spreads virally very, very quickly. And when it stays online 91裸聊视频� even if you are successfully able to prosecute the offender, the revictimization of that individual child or that woman remains for years thereafter.91裸聊视频�

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