00:17:08.560Thank you for the opportunity to present before this committee.
00:17:11.580I represent the Canadian Constitution Foundation,
00:17:14.700which is a national legal charity that defends fundamental freedoms
00:17:17.680and we view this Bill, C-63, as posing a grave threat to all Canadians' right to free speech and a flourishing democracy.
00:17:26.360We welcome the Minister's announcement that he intends to split the Bill, Parts 1 and 4 of the Bill,
00:17:32.040but we remain concerned about the constitutionality of aspects of Part 1, as well as Parts 2 and 3 in their entirety.
00:17:40.160First, I'll address portions of the Bill that expand sanctions for offences related to hate speech,
00:17:46.360including harmful content and content that fements hatred.
00:17:50.360I am referring both to the mandate on the new digital safety commissioner,
00:17:54.360which is created in part one of the bill,
00:17:56.360as well as the expanded penalties for hate crimes in part two.
00:18:00.360Part one of the bill imposes obligations on an operator to implement measures
00:18:05.360that are adequate to mitigate the risk that users will be exposed to harmful content.
00:18:10.360This includes content that fements hatred.
00:18:13.360This office will cost around $200 million over five years and impose fines up to the millions of dollars on platforms.
00:18:21.360Part 2 of the bill, meanwhile, increases penalties for existing hate crimes, including promoting genocide, now punishable up to life.
00:18:30.360It also creates a new stand-alone offence for any federal offence motivated by hatred, Section 320, which is also now punishable up to life.
00:18:39.360life. Now as the previous witness mentioned, and I agree with many of his
00:18:43.840comments, this is an inherently subjective concept, hate speech. These
00:18:48.420expanded penalties and regulatory obligations pose a risk of gross
00:18:53.280proportionality and excessive chill of protected expression. In Watcott, the
00:18:58.800Supreme Court of Canada said that hatred encompasses only the most extreme
00:19:03.520manifestations captured by the words detestation and vilification. Only that
00:19:09.120type of speech can be penalized without violating the Charter. C63 adopts this
00:19:14.640language in section 319.7, hatred means the emotion that involves detestation or
00:19:20.640vilification. But detestation is really just a synonym for hate and vilification
00:19:26.820is a highly subjective concept. We are in a present moment of passionate and
00:19:32.040often fraught disagreement in our society where a lot of claims are made
00:19:35.940that are understood differently depending on context. For example, calling someone a Zionist
00:19:41.380presently may land as vilification, or more dubiously, promotion of genocide, or as praise,
00:19:47.860depending on the speaker and the audience. Just a few days ago, a former CBC producer,
00:19:53.380Shanaz Karmali, accused MP Kevin Wong of hateful expression for posing with an individual wearing
00:20:00.420an F Hamas sweatshirt on social media. That's the problem with criminalizing language. It's
00:20:06.740subjective. It shifts depending on context. And these concerns become pressing with the expanded
00:20:13.060sanctions proposed in part two. Even if our judges can be relied upon to respect principles of
00:20:19.140proportionality when sentencing an offender under 320, for example, the range of available sentences
00:20:25.800in the law will now include life imprisonment. So it's not a frivolous possibility that prosecutors
00:20:31.600can refer judges to a range of sentencing up to life imprisonment for a crime such as vandalism
00:20:38.080if it is alleged that the crime was motivated by hate. So the reality is that it's virtually
00:20:43.960impossible to identify in advance predictably a line that separates the merely awful but lawful
00:20:50.500from criminal hate speech. And this lack of clarity poses an urgent threat to
00:20:56.320online discourse which is our current town square and should brook this type
00:21:01.000of passionate adversarial disagreement. When these types of sanctions are in
00:21:05.260play, everyone has an incentive to err on the side of caution. Platforms will
00:21:09.860flag and remove content that is actually protected expression and
00:21:14.020individuals will self-censor. Finally, I will briefly address part three of the
00:21:19.260bill, which brings back a civil remedy for online hate speech, which allows members of the public
00:21:24.560to bring complaints for the Canadian Human Rights Commission. This would be disastrous,
00:21:29.340and you should not go forward with this proposal. Even if most alleged instances are dismissed for
00:21:35.300not meeting the threshold of hate speech, the penalties for individuals found liable, up to
00:21:41.220$50,000 paid to the government, plus $20,000 to the victim, are severe enough that we can infer
00:21:47.800the new regime will lead to large amounts of soft peddling of expression for fear of skirting the
00:21:54.640line it will interfere severely with press freedom to publish controversial opinions
00:22:00.240which are necessary to a flourishing civil society and finally process is punishment
00:22:05.840even if the case does not proceed right so you know what they're going to do two years ago when
00:22:12.920i started the shadow davis.com website c63 was a threat to people like me to independent right
00:22:21.880leaning common sense minded creators like me and i'm sure you guys follow many of us on the
00:22:29.500different platforms well just think about david creighton being deplatformed because he said
00:22:34.140something that was hateful in the eyes of the government censor board or the same with sean
00:22:40.060newman or the same with what's up canada wayne peters any of them any of us or all of us could
00:22:50.480be going and so when i started that website that was to safeguard the show now c63 petered out on
00:22:59.560his own last year but they're bringing it back and they're kind of they're gonna bring it back
00:23:04.920harder and tougher and they're determined to pass this thing unless something upends them somehow
00:23:10.860like they have to call an election which you never know you just never know so if you want to keep
00:23:19.420watching the show and i've seen a few comments already in the social media good to have you back
00:23:23.960on facebook shadow this is a one-off thing i'm going to come back and do this every now and again
00:23:28.340on youtube and facebook and x and maybe we'll hold some x spaces as well from time to time
00:23:33.780but the content is on telegram the shadow at night community every single weeknight at eight
00:23:39.580o'clock central and of course on the website become an all access member at shadow davis.com
00:23:45.500the show still exists there people are saying where'd you go still doing the show you just got
00:23:51.180to come and be an all access member to find it now you know speaking of content hate speech
00:23:57.700you know what they've been doing in the uk they have been arresting people for what they've said
00:24:04.480online they've done it in england they're doing it in the eu all over the eu as a matter of fact
00:24:11.760there are tens of thousands of cases of arrests of people for posting online something that is
00:24:18.260considered hateful by the uk government here's a clip of tucker carlson and piers morgan talking
00:24:25.840about just that. And Piers Morgan backpedaling. He's scared to say a word that Tucker challenges
00:24:33.360him to say. Watch this. Texts and describes the man who beat her up, sent her to the hospital,
00:24:39.240as a quote, she's arrested and convicted of a hate crime. The guy who beat her up is not arrested
00:24:46.220or convicted. By the way, you're allowed to be homophobic if you want in a free country. You can
00:24:49.800have any view you want. But no, because she used the word she's arrested. And the guy who punched
00:24:54.220in the face was not that story tells you everything well i don't know that story would
00:24:59.980you say the word on camera no why you don't want to get arrested do you doesn't want to be arrested
00:25:06.860oh because it's so harmful to people actually my whole issue with the whole trans debate for
00:25:11.500example is you don't need to say drogatory stuff about trans people to make the point
00:25:15.100that women's rights should be protected well i agree so so what yeah i don't believe it's a magic
00:25:19.260word i don't believe in needlessly smear i'm not smearing anybody i just think what would
00:25:23.980you use that word yeah i just did okay but but why and i'm using it because you're not allowed
00:25:30.300to because you're allowed to go ahead this chick just got arrested for it and convicted
00:25:36.540they're making me want to say that because it's so outrageous that you would arrest someone for a
00:25:44.300word i agree well then help me now let's let's do let's let's have a moment of self-liberation
00:25:49.940hold my hand hold my hand we're gonna say together you ready no we're not do you say
00:25:54.920gay and do you say gay and i wouldn't use the r word what's the r word i don't know what the r
00:26:04.560word is careful if you write it in the comments you might get arrested well not yet there's no
00:26:10.780new c63 yet so i think you're safe then again facebook might look at it as a problem as some
00:26:17.540kind of a derogatory comment then again i don't think they would because you're not directing it
00:26:21.700at any one person or group you're just putting a word down or maybe you're not scared to lose
00:26:29.540your facebook profile whatever i'm just curious as to what the word is so yeah guys i mean this
00:26:36.340is coming down this is coming down hard by the way if you want the audio version of the show
00:26:42.340i upload that every single night to substack and to spotify just look for the shadow davis show on
00:26:47.680either one of those two platforms it's the audio only version of the show you get that for free
00:26:52.520all you got to do is go get it and please give me a follow on either one of those two platforms
00:26:57.020if you don't mind that would be awesome thank you very much what else have we got for you guys
00:27:02.100tonight quickly. U.S. economy booms as Canada falls behind. Well, that's not shocking. This is
00:27:09.160from Juno News. America posts one of its strongest growth quarters since 2023. Well, Canada's economy
00:27:15.380contracts amid manufacturing weakness and higher grocery prices. Now, the elbows up crowd, as you
00:27:20.520know, would blame this on Donald Trump and his war on Canada. This is not a war on Canada. This
00:27:28.000is simply donald trump doing the best he can for his own people and screw everybody else he doesn't
00:27:34.240care it's not like he's directing his ire right at canadians he doesn't care he wants the jobs
00:27:41.760down there he wants the people down there making the money that's it that's all it is and mark
00:27:49.740carney hasn't quite figured that out yet or he's on a whole other agenda as a matter of fact he
00:27:57.220appointed a new ambassador to the U.S. today. Wait till you find out who it is. The U.S. and
00:28:01.900Canadian economies are moving in sharply different directions. New U.S. data shows the American
00:28:06.360economy grew at a blistering. This is a huge 4.3 percent in the third quarter, far exceeding
00:28:13.080expectations. Consumer spending surged and private sector job growth remained strong,
00:28:17.800even as government payrolls declined. The combination economists credit for driving
00:28:22.580the expansion. Canada, by contrast, is contracting. StatsCan reports the economy shrank 0.3% in
00:28:31.800October, the largest monthly decline in nearly three years. Driven by weakness in manufacturing,
00:28:37.620rising costs, grocery prices remain elevated, and Canada's per capita economic growth
00:28:42.520since 2016 now ranks among the worst in the G7. The widening gap comes as trade tensions with the
00:28:50.000U.S. remain unresolved. Senator John Kennedy urged Mark Carney to eliminate tariffs on American
00:28:55.040goods and challenged Washington to do the same, arguing that zero tariffs would immediately end
00:28:59.300the dispute. Ottawa show no willingness to budge. The Carney government has ruled out changes to
00:29:04.600supply management. That's a mistake, including dairy protections. Imagine the price of dairy
00:29:10.640in this country if they got rid of that cartel.
00:29:15.100but they said no we're not getting rid of supply management that's no
00:29:20.980this signals it will not repeal canada's online streaming regulations either which is something
00:29:28.360trump wants us to do both key u.s demands ahead of 2026 trade negotiations with the u.s economy
00:29:35.860accelerating and canada sliding towards stagnation many fear ottawa's heading into high stakes trade
00:29:40.780talks from a position of growing weakness you think so crime is still a problem this is video
00:29:49.820from a mall in surrey from yesterday in case you're not following what happened here
00:30:04.200and for those listening on audio this is the food court of a mall in surrey and this dude
00:30:11.580in the orange hoodie just jumped the counter at that kfc there just jumped it now what
00:44:33.700Politically, we did not see eye to eye.
00:44:36.240But what does that mean? We both understand what's going on in the world. And I want to thank Mark for being one of the major influences on that for me. He opened my eyes. I did my own research. And there it was right in front of my face. And that was probably four or five years ago. The show has been on just over five years.
00:44:55.980Here is a petition, a parliamentary petition, initiated by George Williams from Glencoe, Ontario.
00:45:04.240And who's the sponsor of this petition?