Justin Trudeau introduces the worst censorship bill in the free world. It s the largest and worst censorship law in Canada, and maybe anywhere in a democracy. It actually has life sentences for hate speech. I ve never seen anything so bad.
00:21:45.740I want to prove, before I go further, I want to show you one of the worst people in the Canadian cabinet, Stephen Gilboa.
00:21:53.760When he was drafting this bill and he was talking to a friendly government subsidized journalist at a liberal think tank, I think it was called Canada 2020.
00:22:03.640He was asked, yeah, that's the clip there.
00:22:06.600He was asked, what's the purpose of this?
00:22:12.320We've seen too many examples of public officials retreating from public service due to the hateful online content targeted towards themselves or even their families.
00:23:49.780Social media service means a website or application that is accessible in Canada, the primary purpose of which is to facilitate interprovincial or international online communication amongst users.
00:24:26.620In fact, it's in tyrannical regimes where you're not allowed to have hard feelings.
00:24:31.660Another thing that Stalin did is he would make note of whoever stopped clapping first.
00:24:39.520When he would give a speech, there would almost be this contest to see how long you could clap because no one wanted to be the first to stop clapping.
00:24:47.040What's my point of giving that anecdote to you?
00:24:50.360Is in a free society, you're allowed to hate your politicians.
00:24:55.600You're allowed to detest whoever you like.
00:24:59.700And hopefully you will find a positive outlet, campaign, run for office, write a letter to the editor, get involved and actually fix a problem in life.
00:25:08.060It's only in authoritarian regimes where you're not allowed to feel those feelings.
00:25:12.280But of course, you cannot stop someone from feeling some way.
00:25:15.080You can just force them to fake it, which is what they did in the Soviet Union.
00:25:20.800So here's the definition for greater certainty.
00:25:23.800And for the purposes of the definition, content that foments hatred, content does not express detestation or vilification solely because it expresses disdain or dislike or discredits, humiliates, hurts or offends.
00:26:06.580And by the way, you don't have to have a mens rea.
00:26:10.300You don't have to have a guilty mind to be convicted of any of this.
00:26:13.140It's just could it, could it cause someone to have hard feelings?
00:26:17.360You don't even have to have intent in your heart.
00:26:19.880So if you are conservative and you foment hatred, you're guilty.
00:26:25.880If you are liberal and you foment hatred, well, not solely just because you express disdain, dislike or discredit, humility.
00:26:32.640That contradiction is so essential in the law.
00:26:37.120That's how they're going to go after conservative critics, but spare the haters on the street.
00:26:43.420Every day in this country, we see pro-Hamas protests calling for genocide, condemning the Jews, actually engaging in real crimes, not just hate crimes.
00:26:53.480They will never be prosecuted on this law.
00:26:55.860You think Arif Varani, who is an Ismaili Muslim himself, so he's fairly liberal.
00:27:00.400I'm not going to pretend he's an Islamist.
00:27:52.540So I'm going to scroll down a bit, because we've already covered some of this stuff when we looked at the government flyer.
00:28:05.560So I'm going to skip ahead to page 9, where it talks about the Digital Safety Commission of Canada, establishment and mandate.
00:28:13.080The mandate, the commission's mandate, is to promote online safety and contribute to the reduction of harms caused to persons in Canada as a result of harmful online content.
00:28:25.940And in particular, they talk about child pornography.
00:28:33.240Obviously, there's no one in the world who could disagree with that.
00:28:38.820But like I say, that's not the main purpose of this bill.
00:29:40.560When making regulations and issuing guidelines, codes of conduct and other documents, the commission must take into account freedom of expression.
00:29:49.560Every single thing they do is infringing on freedom of expression.
00:29:56.100You don't add laws and punishments and life sentences and fines and offices and inspections.
00:30:01.740Literally every single word, every single comment, every single jot and tittle in this is an infringement or freedom of expression.
00:30:11.980I think you know who might save us in the end is the big tech companies who probably have some claim against Canada for an unfair trade practice.
00:30:19.260Ironically, I think we'll probably get more help from Facebook, YouTube, Google, and even the Chinese-owned TikTok to stop this than we will from any Canadian source.
00:30:32.020Equality rights, privacy rights, the needs and perspectives of indigenous people of Canada and any other factor that the commission considers relevant.
00:34:32.960The operator of a regulated service must implement the measures that are adequate to mitigate the risk that user of the service will be exposed to harmful content on the service.
00:34:41.620They do so because they have that common law duty and because they want to have a safe place.
00:34:47.240But their definition of a safe place is not the same one that Justin Trudeau has.
00:34:50.780That's the purpose of this law, is to change the terms of service for the social media companies in a way – I mean, they're already woken up.
00:35:05.520In order to determine whether the measures implemented by the operator are adequate to mitigate the risk that user of the regulated service will be exposed to harmful content on the service,
00:35:13.700the commissioner must take into account the following factors.
00:35:16.980The effectiveness of the measures in mitigating the risk, the size of the service, including the number of users, the technical and financial capacity of the operator,
00:35:24.560whether the measures are designed or implemented in a manner that is discriminatory on the basis of a prohibited ground in the Canadian Human Rights Act,
00:35:30.740and any factor provided for by regulations.
00:35:33.540So they're now going to tell Facebook, YouTube, Google, Twitter how to run their companies.
00:42:13.320Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct or being reckless as to whether or not that person gave their consent to the conduct is guilty.
00:42:28.260Of an indictable offense and liable to imprisonment for a term of not more than five years or be even an offense punishable on summary conviction.
00:42:36.160And then they define intimate image, including in the person is nude, exposing his or her genitals, et cetera.
00:42:44.700At the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy.
00:42:51.480And the person depicted retains a reasonable expectation of privacy at the time the offense is committed.
00:46:12.920In fact, with a bill like this, it's hard to know when it will ever end with the kind of ideas that you see being propagated in this bill, which are so illiberal.
00:46:22.560Interestingly, being brought forward by the former Liberal Party, if you might say.
00:47:02.420You know, Ezra, to pick a worst part, I think one of the worst parts we can find is the amendment to the criminal code.
00:47:10.300That they are wanting to put forward to allow for people, anyone with the consent of the Attorney General of Canada, to bring an information forward to say, not that you have committed a crime, a speech crime, but that you may commit a crime.
00:47:28.900That they have reasonable grounds to believe that you will commit a crime.
00:47:31.980And what kind of crimes are we talking about?
00:47:33.320We're talking about crimes such as inciting hatred or the most recent amendments to the criminal code that have passed, you know, downplaying the Holocaust.
00:47:44.600And in order for them to come to court and say, you haven't committed this, but we think that you will commit this crime, a provincial court can then order you, on the basis of someone else's belief, has to be reasonable, but that's in the eyes of a court to find.
00:48:01.020They can order you to undertake a recognizance.
00:48:06.440And that is a court order that you promise to do a bunch of different things.
00:48:11.220And under this new piece of legislation, it's not just a normal kind of undertaking, you know, we're going to keep the peace.
00:48:18.380It's we can put an ankle monitor on you.
00:48:21.780We can issue a curfew that keeps you in your house.
00:48:25.940We can order that you submit your bodily fluids for the registry.
00:48:58.420So the provincial court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter the recognizance.
00:49:07.260And then, Marty, I'm just going to rattle through the recognizance.
00:49:10.440I just want to show on the screen as you mention it.
00:49:13.220The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including wearing an electronic monitoring device, return to and remain at their place of residence.
00:49:28.420So house arrest, abstain from the consumption of alcohol, provide for the purposes of analysis, a sample of bodily substance, provide a sample on regular intervals, abstain from communicating directly or indirectly with any person or refrain from going to any place.
00:49:52.420Firearms, ban from firearms, surrender, anything.
00:50:26.420And again, you do not find these kinds of conditions for even serious crimes.
00:50:31.440You find these kind of conditions being imposed on someone who has been, there's evidence against them for committing actual terrorism.
00:50:40.000And what we are talking about here, Ezra, we're not talking about someone actually having committed offense.
00:50:44.340No, if you go up to section sub three under adjudication, we're talking about a provincial court judge finding that an informant has reasonable grounds for the fear that you will do something that violates the speech provisions of the criminal code.
00:51:05.740And just to remind you of how broad our criminal code speech provisions are getting, and they're going to get broader under this bill if it passes.
00:51:15.460We're talking about provisions such as, and it listed there, 319 sub 2 of the criminal code.
00:51:25.780And what does 319 sub 2 of the 2.1 of the criminal code says?
00:51:29.560It says, everyone who, by communicating statements other than in private conversation, willfully promotes anti-Semitism, of course, we're all against that, by condoning, denying, or downplaying the Holocaust.
00:51:40.980So what we are saying is that if this law passes, if someone is concerned that someone else might in the future downplay the Holocaust, well, then they can take that concern.
00:51:54.320And if that concern is found to have reasonable grounds, the judge in that case can issue an order that you submit to a recognizance with all of these conditions, or if you don't submit to a recognizance, that you go to jail for a year.
00:52:08.920That's what we're talking about here, Ezra.
00:52:10.360You know what, and the section right before that, there's section 319.2, and then 319.2.1.
00:52:23.440You know, it's very interesting what they're doing here.
00:52:25.260I think I know what they're doing, Marty.
00:52:29.020There's a left-wing Jewish, or there's left-wing Jewish organizations in Canada who for years have supported human rights censorship, even though it's greatly backfired against the community.
00:52:40.360I think this is their way of sort of buying off some of the official Jews who are more censorship-oriented, saying, look, yeah, we're going to smash a lot of things here.
00:52:51.660We're going to smash a lot of civil liberties.
00:52:53.000But we're going to let you smash your enemies here.
00:52:58.340I mean, earlier, Marty, I talked about how I published the Danish cartoons of Mohammed.
00:53:03.060I was prosecuted for three years for that.
00:53:05.320And the Jewish community actually expressed support for these kind of censorship provisions 50 years ago when they were drafted.
00:53:13.920But that kind of minority report preemptive censorship you refer to, whether it's against Jews or Muslims or Christians or anybody, is a shocking departure from how we operate in Canada.
00:53:33.780Oh, Your Honor, he hasn't said anything yet, but I just know he's going to.
00:53:37.660He hasn't done anything yet, Your Honor, but boy, I feel it in my bones.
00:53:41.480And look at him. He's the kind of guy who might say something wrong.
00:53:44.960And so while I myself, of course, don't like Holocaust denial, I also know one thing, Marty.
00:53:50.340If someone doesn't believe the Holocaust happened, throwing them in jail is not going to change their mind.
00:53:55.360It's actually probably going to confirm for them that you're trying to cover up the truth.
00:53:58.220If someone denies the Holocaust, I think the first thing you've got to say is, why did we bring this person to Canada, hundreds of thousands of people to Canada who deny the Holocaust?
00:54:06.200The second more practical thing is to try and persuade them otherwise, but simply threatening them with prosecution is not going to change their mind.
00:54:13.980Absolutely. And of course, this applies to more than simply Holocaust denial or downplaying the Holocaust, as this statement reads.
00:54:23.160It applies to the broader category of all of the hate offenses, you know, the promotion of hatred.
00:54:29.160And again, we're not talking about actually adjudicating whether or not, based on a standard of beyond a reasonable doubt, someone has, in fact, advocated for genocide or willfully promoted hatred.
00:54:40.060We're just talking about whether someone can convince a provincial court judge, any provincial court judge in Canada, that you have a reasonable ground for fear that someone will, for example, advocate genocide or promote genocide.
00:54:53.840Well, we can certainly see how that could cut both ways in the heated conversation that we have.
00:54:58.580These terms are commonplace across the country, whether it's Jewish or Palestinian or any issue of debate.
00:55:06.180Let me pull up Section 319. I just sent you the link in the live stream Slack channel.
00:55:12.620Section 319, I've always been against this section in the criminal code.
00:55:17.340Section 319 is called Public Incitement of Hatred.
00:55:22.000And Section 319 2.1 is about the Holocaust, and we've been talking about that.
00:55:28.880But that's just one detail. Look at how 319 starts.
00:55:31.640Section 319.1, everyone who, by communicating statements in any public place, incites hatred against any identifiable group, where incitement is likely to lead to a breach of the peace, is guilty of an indictable offense, liable to imprisonment of a term not exceeding two years.
00:55:48.540And then Section 319.2, everyone who, by communicating statements, other than in a private conversation, willfully promotes hatred against any identifiable group, is guilty and has two years.
00:55:59.760So, you were referring to 319.2.1, which specifically talks about the Holocaust.
00:56:05.520But 3.91 and 3.92 talk about any ground.
00:56:11.680And let me remind our viewers, that's not just age, race, gender.
00:56:22.020So, if you have expressed anything that is likely to expose a person to foment, you know, to feelings, you're guilty of a crime.
00:56:35.140And now, as you point out, Marty, you don't even have to do it yet.
00:56:38.420So, for example, Rebel News talks about public controversies, including extreme cases of transgender activism, where big men play sports against women and even girls.
00:56:50.180And I can see some transgender activists going before a judge and saying, Your Honor, they haven't broken the law yet.
00:57:39.040No, I have not seen any check on this yet.
00:57:43.900Having read this and reading it again here, we're talking about real imprisonment or, you know, agree to all these conditions of people just because someone else is judged by a provincial court judge to have a reasonable fear that they might cross the line into some level of hatred.
00:58:05.120And we know that the definition of hatred is a squishy definition to start with.
00:58:09.440It's one of the most difficult legal concepts to explain because it's also very much in the eye of the beholder, in the eye of the hearer or the ear of the hearer, I guess I should be saying here.
00:58:20.220And now, if you have a reasonable fear that someone's going to speak hatred in some form, you are going straight to jail, as they say, or you're going to agree to all of these conditions at the discretion, again, respectfully, but of a provincial court judge simply based on whether there is a reasonable grounds for the fear.
00:58:41.820And so, again, this is just one provision, one absolutely draconian provision, but only one provision of concern in this piece of legislation.
00:58:51.840So I want to quickly show you some of those criminal code provisions that Marty referred to, and I'm not going to go through in detail, but I just want to show them to you.
00:59:00.760If you can put those on the screen there, like this is just a small excerpt.
00:59:11.960Offenses, you know, every person commits an offense who makes prints, publishes, distributes, circulates, or has in their possession an obscene thing, and then they define it, sell it, expose it.
00:59:22.840It goes on and on, there's section after section, they just, they, in section 163.11, they define child pornography.
00:59:31.980They talk about making, distributing, possessing, accessing child pornography, and aggravating factors.
01:00:21.660The criminal code is amended all the time, and I'm not saying it shouldn't be amended more.
01:00:26.420I'm not saying there aren't more improvements that can be done.
01:00:28.600But to pretend that, that without the law, the online harms bill, child pornography or revenge porn or inciting terrorism would not be happening is a lie.
01:00:44.380Understand the reason they're lying to you, because they're trying to make you say, no, there's some good parts to it.
01:00:50.280The good parts to it are already in law.
01:00:53.740The banning of revenge porn, I showed it to you.
01:01:16.320The operator of a regulated service must make available to users who have an account or otherwise registered tools that enable those users to block other users.
01:01:29.240Like I said before, if you don't have the blocking function on your social media app, you're not actually allowed to sell it on the app store.
01:01:35.440This is an example of a law drafted by people who either know nothing about social media.
01:01:46.520The liberals very well know about block buttons because they've been trying to block Rebel News and we've been taking them to court to fight that.
01:01:51.720But they either don't know anything about social media, which is possible, or more likely they know that this is already the case, but they're trying to distract from the true essence of this bill.
01:02:02.560Tools and processes to flag harmful content.
01:02:04.800The operator of a regulated service must implement tools and processes to enable a user to easily flag the operator content that's harmful, et cetera, et cetera.
01:03:51.880The commission may, on request and in accordance with the criteria set out in the regulations, accredit a person other than an individual for the purpose of giving that person access to the inventories of electronic data that are included in the digital safety plans.
01:04:04.660The person's primary purpose is to conduct research or engage in education, advocacy, or awareness activities.
01:04:10.340And the person conducts research that is or engages in education, advocacy, or awareness activities.
01:04:15.900Now, I don't know what this means in reality.
01:04:18.360I don't know what they're trying to pull here.
01:04:19.980But I think what they're saying is they want the ability to root around in Elon Musk's internal records.
01:04:26.780I think what they want to do is they want to poke around inside Facebook, YouTube, Instagram, and take a good look around just out of curiosity, maybe out of competitive interest.
01:04:41.280What does it mean when the purpose is education, advocacy, and awareness activities?
01:04:47.100So you're going to poke around in the inside of a company, in the private stuff, in the name of advocacy, advocating what, on behalf of whom, towards what end?
01:05:05.660So this is – I'm just going to spend a little bit of time here.
01:05:08.340This is basically the penalties for Facebook, YouTube, Instagram, Twitter, et cetera.
01:05:12.200If they don't follow the law, here's what could happen to them.
01:05:14.720Every operator commits an offense that contravenes an order of the commission, that obstructs or hinders the commission, or an inspector, that makes a false or misleading statement.
01:05:24.600And every operator that commits an offense under subsection one, on conviction, on indictment, to a fine of not more than 8% of the operator's gross global revenue, or $25 million, whichever is greater.
01:05:42.320So if Facebook commits an offense here, the Trudeau government is going to take either 8% of Facebook's revenue, or $25 million, whichever is greater.
01:05:57.800Facebook revenue, 2023, what do you think it was?
01:07:13.440Do you think that it's worth the risk for Facebook to operate in Canada at all?
01:07:18.640Well, if there's a law that says they could be fined $10 billion U.S. for an offense, I don't think Facebook has made $10 billion in Canada in the last decade.
01:08:09.620Section 124 says you won't go to prison for lying to the commission, but we can put you in prison for life, as we talked about, for hate speech.
01:08:18.680So this is the most terrifying part of the law.
01:08:23.500So what this is, is this law called the Online Harms Act will amend other laws.
01:10:14.700A person may, with the Attorney General's consent, lay in information before a provincial court judge.
01:10:20.860This is what we were talking about with Marty.
01:10:22.180If the person on reasonable grounds that another person, if the person fears on reasonable grounds that another person will commit an offense.
01:11:06.540A person may, with the Attorney General's consent, lay in information before a provincial court judge.
01:11:12.600If the person fears on reasonable grounds that another person will commit an offense that we've described about hate speech about transgenderism or minority or whatever.
01:11:25.340You can get a court order against someone just because you're afraid of them.
01:11:31.640They haven't done anything to you yet, but you think they might.
01:11:36.540Subsection 3, if the provincial court judge before whom the parties appear is satisfied by the evidence adduced, that the informant has reasonable grounds for the fear.
01:11:50.040The judge may order that the defendant enter into recognizance to keep the peace and be of good behavior for a period of not more than 12 months.
01:11:59.320However, the provincial court judge is also satisfied that the defendant was convicted previously of any offense.
01:12:04.200The judge may order that the defendant enter into recognizance for a period of not more than two years.
01:12:09.960The provincial court judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into recognizance.
01:15:32.160It is a discriminatory practice to communicate or cause to be communicated hate speech by means of the internet or any other means of communication.
01:15:40.440In a context in which the hate speech is, again, future crime, likely to foment detestation or vilification of an individual or grouping of individuals on the basis of a prohibited ground of discrimination.
01:15:52.100So you didn't actually interfere with anyone's life.
01:16:17.740For the purposes of subsection 1, a person communicates or causes to be communicated hate speech so long as the hate speech remains public and the person can remove or block access to it.
01:16:26.620So everything you've ever written or said historically can now get you convicted.
01:16:57.380And I've already told you that includes gender identity, gender expression.
01:17:04.280I'm just scrolling through this stuff.
01:17:09.300Now, one of the most important things in our legal system is, in fact, it's a charter right.
01:17:15.460It's the ability to face your accuser, to face the charges, to know who's prosecuting you.
01:17:22.140We don't have secret trials in Canada.
01:17:24.660We have certain parts that are subject to publication bans to protect the identity of children or if there's some national security reasons.
01:17:32.400But there are no secret trials in Canada.