Dear Friend,
When does expressing a belief or opinion become hate speech? Could expressing the biblical views of gender, sexuality, or marriage be considered homophobic or transphobic speech? Are they hate speech?
On February 26, the Government of Canada introduced Bill C-63, the
Online Harms Act, to tackle seven areas of harmful activity on online platforms. The Bill targets content that sexually victimizes a child or revictimizes a survivor, sexual content that is posted without consent, content used to bully a child, and content that encourages a child to harm themselves. Bill C-63 also targets content that incites hatred, violence, or terrorism.
We’ve provided an overview of Bill C-63 on our website (
theEFC.ca/C-63), but here, I’d like to address specifically the sections of Bill C-63 that deal with hate speech.
Bill C-63 vaguely defines hate speech as "content that expresses detestation or vilification," but
not content that “solely expresses disdain or dislike, or discredits, humiliates, hurts or offends.” Our primary concern is that identifying which statements are merely humiliating or offensive and which ones promote hatred depends on the subjective view of whoever is doing the judging.
For example, in today’s culture, these could be labelled as “hateful”: misgendering a person (like referring to a transgender woman as “he”), saying a woman is an adult human female (which excludes males who identify as women), defending the pro-life stance, or conveying biblical teachings on sexual morality. Bill C-63 could limit the freedom to express religious views that are unpopular.
[Currently, if a person is charged with promoting hatred, the
Criminal Code does provide a defence if the person was expressing an opinion “in good faith” based on sincerely held religious beliefs. However, one MP has proposed that this defence be removed as part of Bill C-63.]
We are also concerned about other sections of Bill C-63 that pose serious risk of overreach.
Bill C-63 proposes adding a section to the
Criminal Code to allow someone to seek a restraining order if there’s credible evidence a person will commit a hate crime
in the future. If court officials are convinced a person is likely to commit an offence based on something they posted online, the judge may order the person to be subject to certain restrictions for up to 12 months. Restrictions could be imposed on a person’s freedom in anticipation of what they
might say and do, not for what they have said and done, even if they have no criminal record. Imagine being put under a restraining order just for being outspoken on a contentious issue, even though no crime has been committed!
Also deeply concerning is that Bill C-63 would allow people to file complaints anonymously with the Canadian Human Rights Commission against those who post discriminatory and hateful content online. The tribunal could order the posts be taken down or the complainant be awarded up to $20,000 in damages. It could also order a fine of up to $50,000! The possibility of severe financial penalty would have a chilling effect on online expression of all kinds, religious or not.
In short, Bill C-63 has the potential to severely curtail free speech and to limit public discourse on contentious issues. Canadians may become anxious about stating their thoughts freely on issues they believe in. Many may choose not to express minority views online – whether political, religious, or cultural – for fear of being accused of making hate speech and being censored and/or severely punished.
Canadians live in a vibrant, multicultural and multi-faith society, with a diversity of beliefs and opinions. This diversity means we will not always share similar views or attitudes on many issues. Care must be taken to distinguish between hate speech and speech that just expresses opposition, disagreement or critique.
The intent of Bill C-63 is to stem the tide of hateful and violent rhetoric online – a worthy objective. However, it is critical that any such effort respect and protect the right to freedom of religion, conscience, thought, belief, opinion and expression guaranteed under the
Charter. These fundamental freedoms are foundational to any free and democratic society and must be respected and protected, even when the beliefs or opinions expressed are unpopular or contentious.
We believe that “all Scripture is God-breathed and is useful for teaching, rebuking, correcting and training in righteousness” (2 Tim. 3:16). Being able to freely express our religious beliefs is of vital importance. We must protect the right to be able to express biblical truths in the public square without fear of sanction.
The EFC is studying Bill C-63 very carefully and will work to ensure that the serious questions and concerns we have will be answered and addressed. This type of work requires a lot of time, resources, and expertise, which is why we need your support today. At stake is the potential loss of free expression that allows for the healthy discussion and debate of policy, ideas and beliefs – for the good of all Canadians.
As always, your prayers and financial gifts in support of the EFC are greatly appreciated. We thank God for you and your partnership in our Kingdom work!
Dr. David Guretzki
President & CEO