Virani defends Online Harms Bill after Margaret Atwood warns of 'thoughtcrime' risk

Justice Minister Arif Virani is defending his govern‐ ment's Online Harms Bill after celebrated Canadian writer Margaret Atwood shared views comparing the new legislation to George Orwell's dystopian novel Nineteen EightyFour.

The award-winning author took to social media late last week to share an article from the British magazine The Spectator titled, "Trudeau's Orwellian online harms bill."

"If this account of the bill is true, it's Lettres de Cachet all over again," Atwood wrote on X, referring to letters once sent out by the King of France authorizing imprison‐ ment without trial.

The federal government introduced late last month its long-awaited Online Harms Bill, which proposes to police seven categories of harmful content online, including con‐ tent used to bully a child, content that sexualizes chil‐ dren or victims of sexual vio‐ lence, content that incites vi‐ olence or terrorism, and hate speech.

As part of proposed amendments, "hate speech" would be defined based on Supreme Court of Canada decisions.

"The possibilities for re‐ venge false accusations + thoughtcrime stuff are sooo inviting!" Atwood wrote.

In Orwell's cautionary novel about a totalitarian so‐ ciety, thoughtcrime is the ille‐ gal act of disagreeing with the government's political ideology in one's unspoken thoughts.

Atwood famously tackled authoritarian regimes in her novel The Handmaid's Tale, in which a religious patriar‐ chal society forces women to bear children and those who speak freely are severely punished.

Her publicist said she was not available for interview about her social media post.

Asked about Atwood's comment during an event in Toronto, Virani said there's a lack of understanding about Bill C-63 and how to combat hate.

Virani said the definition of hate speech in the bill does not include content that's "awful but lawful."

"It includes expressions of detestation and vilification. It does not include insults, of‐ fensive comments, or jokes that are not very polite," said Virani in French.

"The idea that someone on their smartphone on an afternoon while they're watching a football game, if they insult anyone ... could be condemned in a court or caught by a peace bond is ridiculous, in my opinion."

Virani, who is shepherding the Online Harms Bill through the House of Com‐ mons, said protecting free‐ dom of expression is essenti‐ al to him as minister of jus‐ tice.

Former chief justice thinks bill will be chal‐ lenged

Atwood isn't the only emi‐ nent Canadian weighing in.

Speaking on the Public Policy Forum's "WONK" pod‐ cast, former chief justice of the Supreme Court Beverley McLachlin said society is changing.

"It's our responsibility as responsible citizens, it's the government's responsibility, to deal with new media, new harms, new things that devel‐ op in society. So I applaud the government for taking this on, as many other coun‐ tries have," she said.

But she cited potential problems with the bill's pro‐ posed changes to the Crimi‐ nal Code, such as an increase in the maximum punishment for four hate propaganda of‐ fences.

Someone found guilty of advocating genocide, for ex‐ ample, could face life impris‐ onment, up from five years in prison.

"I do predict that this is going to be challenged in the courts," McLachlin told host Edward Greenspon.

"We have not seen this in speech law, expression law, to my knowledge - life sen‐ tences for sending out some words. That's heavy. And it will, I suspect, be chal‐ lenged."

The Canadian Civil Liber‐ ties Association has called for amendments, saying the bill's "draconian penalties" could put a chill on free speech.

"Bill C-63 risks censoring a range of expression from journalistic reporting to healthy conversations among youth under 18 about their own sexuality and relation‐ ships," said executive direc‐ tor Noa Mendelsohn Aviv in a statement issued soon after the bill was introduced.

"The broad criminal prohi‐ bitions on speech in the bill risk stifling public discourse and criminalizing political ac‐ tivism. "

Conservative Leader Pierre Poilievre has said his party supports criminalizing the harmful content cate‐ gories laid out in the bill. But the Tory leader accused the Liberals of trying to create more bureaucracy rather than supporting law enforce‐ ment agencies.

Speaking to a small group of reporters the day after the bill was introduced, RCMP Commissioner Mike Duheme said he welcomed the legisla‐ tion, particularly tougher sentencing provisions and the move to make tech com‐ panies bear more responsi‐ bility for what happens on‐ line.

Duheme said that right now, the RCMP believes it could enforce the news mea‐ sures without additional re‐ sources.