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Virani says new measures meant to help prevent hate crimes will come with safeguards

Bill C-63 aims to compel social media companies to outline how they plan to reduce the risks
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Minister of Justice and Attorney General of Canada Arif Virani rises during Question Period in the House of Commons on Parliament Hill in Ottawa on Thursday, Feb. 29, 2024. Virani says allowing a judge to to restrict an individual91裸聊视频檚 movement based on fears of potentially committing a hate crime would only happen after a series of steps. THE CANADIAN PRESS/Justin Tang

A series of steps would need to happen before a judge can restrict a person91裸聊视频檚 movement because of fears they could commit a hate crime, federal Justice Minister Arif Virani said Thursday as he defended a suite of tougher penalties to combat hate.

Virani said he listened to calls for Ottawa to better respond to a rise in hate-motivated crimes when drafting the Online Harms Act, which includes a new peace bond provision.

91裸聊视频淚 know what I91裸聊视频檝e heard from victims, and whether that91裸聊视频檚 the rise of hatred that we91裸聊视频檙e seeing against Jewish victims, Muslim victims right now 91裸聊视频 people are concerned about the rising spike of hatred,91裸聊视频 he said Thursday.

The Online Harms Act, known as Bill C-63, would usher in a new regulator to compel social media companies to outline how they plan to reduce the risks their platforms pose to users, particularly minors.

The bill, tabled this week, looks to address a wide range of dangers, from content used to bully a child online to material that incites hate or promotes terrorism.

To address freedom of expression concerns, Virani has said that under the new rules, platforms would only be compelled to remove material within a tight 24-hour time frame if it contains child sexual abuse or the non-consensual sharing of intimate images.

Critics including legal experts and civil society groups like the Canadian Civil Liberties Association have raised concerns over proposed changes to the Criminal Code that usher in stiffer sentences for hate propaganda crimes, including up to life imprisonment for advocating genocide.

The minister has said discretion remains in the hands of the courts as to how penalties are determined.

The bill also seeks to reintroduce online hate speech as a type of discrimination that can be adjudicated under the Canadian Human Rights Act, which critics say could lead to an influx of complaints.

The legislation also seeks to amend the law so that someone who fears a person will commit a hate crime 91裸聊视频 including a hate propaganda offence such as advocating genocide or inciting hatred 91裸聊视频 can ask a judge to impose conditions on that person.

That could include requiring them to wear an electronic monitoring device, stay at their residence, refrain from going to certain public places or stay away from the person seeking the order.

Virani defended the new measure, saying similar peace bonds can already be sought in cases involving domestic violence, and called it a well-understood tool under Canadian criminal law.

An individual seeking such a measure would have to provide evidence to a court, and any order must be approved by a provincial attorney general, the minister said.

Those 91裸聊视频渟afeguards,91裸聊视频 he said, are there to address concerns around the constitutionality of imposing restrictions on someone before any crime has been committed.

He added such 91裸聊视频渧etting features91裸聊视频 are what 91裸聊视频渕ake it a high threshold to achieve but an important threshold where it91裸聊视频檚 warranted in a given case.91裸聊视频

B91裸聊视频檔ai Brith Canada, a national Jewish advocacy organization, suggested the measure may be redundant, as individuals can already seek out peace bonds and restraining orders.

91裸聊视频淲e91裸聊视频檙e supportive of the fact that the courts can intervene on behalf of somebody who is the victim of a hate crime,91裸聊视频 said research and advocacy director Richard Robertson.

However, he said if the government wants to help victims of antisemitic hate crimes, it should consider expanding the definition of what constitutes the wilful 91裸聊视频減romotion of antisemitism91裸聊视频 in criminal law.

The current phrasing defines that as 91裸聊视频渃ondoning, denying or downplaying91裸聊视频 the Holocaust, which Robertson said is too narrow.

91裸聊视频淲e believe that that91裸聊视频檚 insufficient,91裸聊视频 to respond to hate speech against Jewish people that the organization has documented, he said in an interview Thursday.

91裸聊视频淲e were hoping that that would have been expanded 91裸聊视频 and we were disappointed that it wasn91裸聊视频檛.91裸聊视频

Richard Marceau of the Centre for Israel and Jewish Affairs said his group considers the proposed hate-specific court order 91裸聊视频渨orth pursuing and looking at very seriously.91裸聊视频

The two groups, along with other Jewish organizations, have been calling on the government to do more to address hate crimes since the beginning of the Israel-Hamas war.

Kyla Lee, a British Columbia-based lawyer who chairs the criminal justice section of the Canadian Bar Association, said she expects to see the new hate-related peace bond used more often should the bill pass.

91裸聊视频淚n some respects, that91裸聊视频檚 helpful because those types of orders can keep things out of the court and can help things from being diverted from trial,91裸聊视频 she said.

91裸聊视频淚t also avoids a criminal conviction where one might not be necessary to protect the public.91裸聊视频

Stephanie Taylor, The Canadian Press

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