Did the Tories break their own law?

Bill C-51, the Conservatives’ anti-terror legislation, received Royal Assent and became law on June 18. Among its more controversial provisions was the creation of a criminal offence for selling or distributing terrorist propaganda, defined as any “writing, sign, visible representation or audio recording that advocates or promotes the commission of terrorism offences in general.” Critics feared this sweeping provision would put a chill on free speech. In response, Public Safety Minister Stephen Blaney referenced the Holocaust and countered that, “Hate begins with words.”

But if Blaney is right, then the Conservatives are running afoul of their own law. In their most recent online political advertisement, the party uses ISIL propaganda to attack Liberal Leader Justin Trudeau. The ad first broadcasts the ominous strains of ISIL’s “anthem,” as well as images of the group’s atrocities taken from ISIL propaganda videos. It then segues into video of Trudeau telling CBC host Terry Milewski that he would not bomb ISIL and accusing Milewski of asking him a “nonsensical question” about just how bad an enemy would have to be to justify military action.

When Global News’ Tom Clark asked Conservative spokesperson Kory Teneycke why the party incorporated ISIL visuals and music in that ad, Teneycke responded: “Well, be- cause that’s who the enemy is. That’s who we’re fighting.” Teneycke further stated that, “it’s germane to the choice before us in this election … between one political party … that would continue our bombing mission to protect civilians and religious minorities in Syria and Iraq; and two other political parties that would stop those efforts.”

It’s a strange defence, because if Teneycke is right, then Bill C-51 is wrong and the Conservatives are hypocrites. And this wouldn’t be the first time: in March 2015, in the full throes of the debate on Bill C-51, the Tories posted an ad to their Facebook page quoting the terrorist group alShabab about potentially attacking the West Edmonton Mall. Other posts to the CPC Facebook page since then include ISIL images similar to those used in the Trudeau attack ad, with the tag line, “Just Not Ready.”

The Conservatives cannot have it both ways: either they should amend the law, or stop using ISIL propaganda for their own political ends. We favour the first option, since Bill C-51’s changes to the Criminal Code constitute unnecessary limits on free speech. With legislation banning incitement to violence already on the books, Canada does not need a separate offence for disseminating terrorist propaganda. Whichever party forms a government in the fall, it should repeal this provision.