It has been described as empowering a totalitarian surveillance state, establishing a digital gulag or cage, in which individuals’ rights are stripped. The bundle of new government laws being advanced in western countries to regulate the internet and censor digital content is distressing civil rights groups, technology businesses, and individuals who can see where the cumulative impact of the new series of laws will lead. With the flurry of activity in Canadian parliament in the last few weeks, the door on Canada’s digital cage is quickly closing shut.
Over the past year, the Carney government has introduced a suite of new legislation respecting the Internet and digital content and, this month, it has muscled bills through Parliament, largely ignoring concerns of Canadians in the process. Canadian Conservative MP Aaron Gunn observed, “It should alarm every Canadian that the primary use the Liberals have made of their new, backroom, bribe-bought majority has been to ram through legislation that censors the Internet, spies on citizens, and lays the groundwork for a virtual surveillance state.” Elie Cantin-Nantel, journalist for The Hub and Post Millennial, noted that all five floor crossers – MPs Chris d’Entremont, Michael Ma, Matt Jeneroux, Lori Idlout, and Marilyn Gladu – supported the Liberals’ internet policy positions. Rebel News editor Ezra Levant stated, “This is why Carney bribed the opposition MPs to cross the floor. This is what they wanted but couldn’t get without a majority: secrecy, authoritarianism, and the right to spy on Canadians.”
Rationalizing that the House of Commons is recessing this week and Opposition MPs have been obstructing the progress of legislation, the Liberals used a variety of legislative jackboot tactics to pass their Internet and digital content bills. Here is a summary account of what has occurred in Parliament:
-
- Bill C-9 – Hate Speech legislation passed the House of Commons on Wednesday after the Liberals shut down debate. Is it not ironic that a censorship bill is passed with the heavy-handed use of censorship of MPs? Liberals MPs supported this legislation not regarding the concerns of civil rights groups and religious leaders. Conservatives voted against the legislation and MP Connie Cody warned MPs: “The bill is about trust: who we trust with our beliefs, who we trust with our words and whether we can still trust the government will protect our right to hold both.”
- Bill C-8 – Cyber Security legislation became law this week with the Liberals rebuking all concerns relating to government overreach as “conspiratorial.” Critics warn the new discretionary ministerial powers have the potential to be used to silence dissidents and critics of the government.
- Bill C-34 – Digital Security was introduced with great fanfare about putting in place necessary safeguards to protect youth from the Internet. The Liberals want to ban youth under 16 years of age from accessing social media and will do so by establishing a mandatory identification process for all Canadians to access the Internet. The Liberals are also establishing an omnipotent, cabinet-selected Digital Safety Commission.
- Bill C-36 – Digital Privacy was introduced on Monday which entrenches sweeping powers to the new Digital Safety Commission, establishing “a new digital super-regulator” that will have authority over the Internet and Canadians’ online activities. Conservative MP Roman Barber did not like the Liberals timing on introducing such significant legislation: “In the same week, which is the last week before the legislature rises, the Liberals are introducing so-called privacy legislation, which would eliminate the Privacy Commissioner in favour of their so-called digital safety czar, who would regulate, enforce and judge all at the same time.”
Beyond these legislative happenings, the greatest political theatre in the House of Commons was the Liberals’ controversial handling of the Bill C-22 Lawful Access legislation. The government is ramrodding this legislation using closure and special provisions limiting debate in an attempt to get it into the Senate and then quickly passed before the summer recess. Conservatives claim the Liberals are not responding to the public’s concerns about safeguarding privacy. Tech companies are highly critical of the “backdoor” provisions they are required to keep for government officials to access – and some companies have vowed to leave Canada should this become law. Civil liberty groups want assurances that the expanded surveillance powers provided to police and security authorities will not be unconditional and unchecked as the legislation is currently written. Still Liberals persist unmoved. An Internet authority, Professor Michael Geist, is troubled over the government’s haste that leaves unanswered many legitimate concerns, “Weeks of hearings and public concern tossed aside by the government in a rush to shut down debate and consideration of amendments to a deeply flawed, risky legislative plan.”
The government’s conduct in advancing their Internet and digital content agenda has raised many alarm bells with prominent Canadian authorities in business, civil rights law, and high tech. For example, tech innovator and CEO of Shopify Tobi Lutke has been outspoken in his criticism, “These bills (C-34 and C-36), along with C-22 and C-9 constitute a total erosion in Canada’s basic liberties. They interlock into making Canada essentially unviable for those with choices on where to build.” Build Canada, a Canadian non-partisan rights group, stated: “These bills (C-34 and C-36) hand one unelected commission power over what Canadians can say, what stays private, and who the state can watch. As of today, the Federal Government is rushing to enact massive Internet Surveillance Reform into law without proper debate.” Many citizens’ and legal groups are speaking out, perhaps the most active being the Justice Centre for Constitutional Freedoms, which has launched both a petition against Bill C-22 and a national campaign opposing Bill C-34.
The battery of Liberal bills that will establish Canada’s digital cage.
C-8 – Cyber Security (Royal Assent, becoming law this week). This new law gives the government broad secret-order powers under the rationale of cybersecurity over telecoms, banks, and energy companies, including permitting government ministers to direct telecom providers to suspend services or disable equipment by order.
C-9 – Hate Speech (Passed Parliament and awaiting Royal Assent). This new law amends the Criminal Code to provide new measures to manage hate propaganda and hate crime. It redefines hate, criminalizes intimidation or blocking access to schools, places of worship, and other community spaces, bans certain hate and terrorism symbols, and streamlines the justice system to administer hate-propaganda charges. Critics state the law has the potential to criminalize peaceful protests, chill free speech, and hinder religious expression, exposing faith leaders to legal action for preaching traditional beliefs.
C-11 – Broadcasting Act amendments (Royal Assent, became law in April 2023). This Trudeau-era law established new broad measures for the CRTC to regulate digital content in Internet video and streaming services. The CRTC can now compel foreign streaming services to make expenditures towards the production of Canadian content.
C-18 – Online News (Royal Assent, became law in June 2023). This Trudeau-era law established a framework for the CRTC to regulate digital news content on online platforms. It empowered the CRTC to compel digital news intermediaries (i.e. Google search engine, Meta – Facebook) to pay Canadian news sources for content accessed on their platforms – resulting in Meta blocking news on its Facebook and Instagram services.
C-22 – Lawful Access (Currently at parliamentary committee). This legislation enhances warrantless access and police and security agencies surveillance of an individual’s digital content. It requires telecom and Internet providers to retain user metadata and to install “backdoor” systems enabling government access. Conservative MPs, tech firms, and civil liberties groups have all raised objections to the potential overreach of government and security agencies.
C-34 – Digital Security (Introduced last week). This legislation creates mandatory identification controls (either government ID or face scans) for access to the internet and bans social media for persons under 16 years of age. It also creates a new Digital Safety Commission with sweeping (undefined) powers to set the online access rules, manage compliance of platforms (everything from Facebook to Snapchat), and approve or deny exemptions. The commission will have the authority to instruct platforms to censor content deemed to undermine “social stability” – defined by the government.
C-36 – Digital Privacy (Introduced this week). This legislation empowers the new Digital Safety Minister with sweeping (undefined) powers to regulate digital content. It transfers authority from the Privacy Commissioner of Canada (an independent agent of Parliament) to the new cabinet-appointed commission (created by Bill C-34). Critics fear government overreach and abuse, as the legislation has potential to usurp private sector privacy laws.
Canadians should be aware that the Carney Liberals are not the only government that is attempting to introduce new Internet and digital content laws that will effectively secure a digital cage to manage its citizens and their online activities. There are many western countries currently engaged in establishing these new laws. A Blendr News editorial informs us: “Fourteen countries. Fourteen governments, legal systems, constitutions, and sets of voters, each with its own history and its own concerns. One policy, arriving in near unison.”
As a parting observation, Canadian social media news commentator, WealthMoose, brings a focus back to the Carney government: “14 governments. Same social media ban. Same timing. Same language. Same justification. United Kingdom, France, Germany, Spain, Ireland, Netherlands Belgium, Denmark, Norway, Sweden, Finland, Australia, New Zealand, Canada. Your government didn’t dream this up. It received it. Carney sat at Davos before he was PM. He called Canada part of the ‘new world order.’ Then called that speech meaningless. The laws aren’t meaningless. They’re arriving on schedule.”
Chris George is an advocate, government relations advisor, and writer/copy editor. As president of a public relations firm established in 1994, Chris provides discreet counsel, tactical advice and management skills to CEOs/Presidents, Boards of Directors and senior executive teams in executing public and government relations campaigns and managing issues. Prior to this PR/GR career, Chris spent seven years on Parliament Hill on staffs of Cabinet Ministers and MPs. He has served in senior campaign positions for electoral and advocacy campaigns at every level of government. Today, Chris resides in Almonte, Ontario where he and his wife manage www.cgacommunications.com. Contact Chris at chrisg.george@gmail.com.
