JUST Committee Report

Conservative Party Dissenting Report

“If liberty means anything at all, it means telling people what they do not want to hear.” – George Orwell

Conservatives are concerned by proposals made in the majority report of the House of Commons Standing Committee on Justice and Human Rights.  Many of the suggestions would, if implemented, have the dual impact of stifling free speech of those acting in good faith, while also serving to further radicalize bad actors by driving their communication out of the public square.  Make no mistake, as former NDP Leader Tommy Douglas famously said in The Story of Mouseland, “you cannot lock up an idea”.  Driving reprehensible ideas underground will not end them.  It will merely prevent them from being debated and debunked.  We believe that in these matters, sunshine is the best disinfectant. 

Let’s take a step back and remember how we got to where we are today.  The motion which led to this report stemmed directly from the Liberal Party of Canada’s desire to unilaterally end this Committee’s investigation into Justin Trudeau’s campaign to politically interfere in SNC-Lavalin’s criminal prosecution.  And while this topic is incredibly important, this is ultimately an attempt at a political smokescreen.

Conservatives reject the proposed measures that are ineffective and will have unintended consequences.  But we of course agree that all Canadians should be safe.  They should not be subject to calls to violence, hatred or genocide.

As Conservative Party Leader Andrew Scheer recently said:

“There is absolutely no room in a peaceful and free country like Canada for intolerance, racism, and extremism of any kind. And the Conservative Party of Canada will always make that absolutely clear. This goes to one of my most deeply held personal convictions. I believe that we are all children of God. And therefore, there can be no inferiority amongst human beings. And that equal and infinite value exists in each and every one of us. And I find the notion that one’s race, religion, gender, or sexual orientation would make anyone in any way superior or inferior to anybody else absolutely repugnant.”

We must also remember that it was in fact the Liberal Party of Canada who sought to reduce the penalties for advocating genocide to be analogous to those which are meted out for a parking ticket.  Thanks to strong advocacy from Conservative Members of this Committee, that clause was removed from Bill C-75.

At the meeting on May 16, Cara Zwibel, the Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association made comments that are central to our position here today.  She said “Any attempts to regulate online hate will inevitably bump against freedom of expression, because contrary to what some say, the precise contours of hate speech are not easily discerned. …Asking human rights tribunals to play the role of censor does not fit well with the functions of tribunals.”  She went on to say “Canada's experience with prosecuting those who are alleged to promote hatred shows that these individuals often use their prosecution as a way to further promote their message and to cast themselves as martyrs for free speech and gain a wider audience. Pursuing haters through our legal system can have counterproductive effects.  CCLA believes that the government does have a role to play. The government should focus efforts on education and counter-speech”

Conservative Members of the Standing Committee on Justice and Human Rights recommend that:

1. The repealed section 13 of the Canadian Human Rights Act or any modification of the same should not be re-introduced.
2. Sanctions respecting hate crimes online or elsewhere be dealt with under the appropriate sections of the Criminal Code.
3. The Minister of Justice and Attorney General work with provincial and territorial partners to more effectively utilize section 320.1 of the Criminal Code to remove hate propaganda from the internet.
4. The definition of “hate” under the Criminal Code be limited to where a threat of violence, or incitement to violence, is directed against an identifiable group.
5. Rather than attempting to control speech and ideas, the Government explore appropriate security measures to address all three elements of a threat: intent, capability and opportunity.

Far too many innocent individuals have been impacted by extremist violence in recent years.  Sickening ideologies which encourage individuals to take the lives of their fellow human beings have faced a concerning proliferation both at home and around the world.  Yet sadly, Justin Trudeau and the Liberal Members of this Committee have tried to use these troubling events as a way to bolster their political fortunes.  They have tried to paint anyone who doesn’t subscribe to their narrow value set as an extremist.  This is dangerous.

Conservatives believe that Canadian society is resilient precisely because it offers a big tent for all sort of views, but that we also must hold those accountable who distribute material that radicalizes individuals and leads to extremist violence.