Liberals to introduce new hate speech bill, possibly bringing back controversial Section 13

“Now, this is going to be controversial. People think that C-10 was controversial. Wait till we table this legislation,” Guilbeault said at an appearance at the Banff World Media Festival.

Spokespeople for Guilbeault and Lametti said they couldn’t provide any information about what will be in Lametti’s bill because of parliamentary privilege. Guilbeault and Arif Virani, Lametti’s parliamentary secretary, told the National Post in March the online harms bill would include both a Justice ministry piece in the form of a codifying in law a new definition of online hate, and new rules for online platforms, including a regulator that would enforce 24-hour takedowns for illegal content.

According to the notice paper, Lametti’s bill will “amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech).”

As part of the work on building up the online harms bill, Virani held consultations across the country on Lametti’s behalf. That consultation included questions about reintroducing a form of a hate speech law — Section 13 of the Canadian Human Rights Act — that was widely criticized over free speech rights before it was repealed in 2013.

Virani said in the spring bringing back a form of that law was something the government got “feedback on both sides of the ledger” from. He confirmed the government was “examining” section 13.

Under section 13, the Canadian Human Rights Tribunal could issue cease-and-desist orders and impose fines up to $10,000 in response to complaints from individuals about matters likely to expose them “to hatred or contempt” for the reason of those individuals being “identifiable on the basis of a prohibited ground of discrimination.”