Whoa, Canada: Life in Prison for 'Hate Speech'?

A new bill introduced by Canada’s Liberal government yesterday will make it possible to receive life in prison for posting “online hate.” While the legislation purports to strengthen protection of minors from sexual abuse, critics are slamming the bill as an attack on free speech.

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The Online Harm Act would amend Canada’s Criminal Code by increasing the maximum punishment for “advocating genocide” from five years to life in prison. It also adds an “offence motivated by hatred” with potential for life imprisonment. The proposed act defines hatred broadly as the emotion that involves detestation or vilification and that is stronger than disdain or dislike.”

The Act would additionally amend the Canadian Human Rights Act (CHRA) so that posting “online hate speech” can be considered “discriminatory.” Previously, the CHRA defined discrimination as a “refusal to provide a service to someone—or declaring intent to do so—on the basis of a protected characteristic, such as religion or sex.” Complainants, under the proposed legislation, could be forced to pay up to $70,000 CAD in fines.

Ed Morrissey

At first, I thought the description at The Publica (not affiliated with ProPublica) was too hyperbolic; it sounded more like life sentences could be applied to "hate crimes." However, Hamm's correct; the bill itself at the link above sets the potential sentence for anyone "who advocates or promotes genocide" at life in prison (section 318). What qualifies as "advocating or promoting genocide"? It sounds like Canada wants to criminalize speech that could involve, say, defending Israel's right to defend itself against Gaza's terrorist army -- depending on the political trends in Canada, of course. It clearly criminalizes speech rather than conduct, at any rate. 

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