Now that Parliament has been prorogued, Online Harms Bill C-63 is unlikely to become law, though the threat remains.
On Jan. 6, 2025, Prime Minister Justin Trudeau announced his intent to resign as leader of the Liberal Party of Canada. He prorogued Parliament until March 24, 2025, during which time a new leader of the Liberal Party would be selected.
With the proroguing of Parliament, the House of Commons has suspended activities. This means a number of bills — including the Online Harms Bill — have no chance of moving forward until after March 24.
Originally introduced to regulate and suppress "harmful speech," the bill imposed significant obligations on social media companies to remove certain types of content or face steep fines. It also reintroduced section 13 of the Canadian Human Rights Act, empowering government officials to investigate and prosecute online speech. Further, it incentivized the public to anonymously report other citizens for alleged "hate speech." The bill introduced amendments to the Criminal Code, criminalizing conduct already covered by existing laws but with disproportionately harsh penalties for speech-related offences.
The decision was later made to split Bill C-63 into three parts. This decision aimed to fast-track updates to the Criminal Code addressing child protection, combating online predators, and policing non-consensual disclosure of intimate images (revenge porn), which were reasonable and necessary where current laws fall short. Parts 2 and 3, however, reintroduced section 13 of the Canadian Human Rights Act and proposed amendments to the Criminal Code that allowed for harsh penalties, including life imprisonment, for online speech. These provisions risked re-establishing sweeping bureaucracy to censor public discourse, with vague language granting broad powers to criminally and civilly sanction Canadians for controversial opinions.
Bill C-63 - in its split format - will "die on the order paper," effectively ending the threat - at least until March 24 - that they will become law. However, opposition parties could join forces to support a motion calling for debate to resume on these bills when Parliament reconvenes on March 24, reviving the Bill.
TDF provided a written brief to government officials. Lawyers for TDF were expected to appear before the Justice Committee, where they would express their opposition to censorship and the threat the bill posed to free speech.
TDF's Litigation Director, Mark Joseph, said: "Our position was that the parts of the bill dealing with child protection and NCDII should be passed to the extent that there were gaps in existing law. However, the parts dealing with online censorship of controversial speech would result in the destruction of free speech in Canada. We're relieved that the Online Harms Bill likely will not become law, but we will continue to warn lawmakers of the dangers of censorship to civil liberties."
About The Democracy Fund
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports an access-to-justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.