- Constitutional lawyer John Carpay warns that expanding federal regulation of online speech threatens Canadians' free expression and privacy, arguing public apathy could allow freedoms to erode.
- Carpay criticizes laws such as the Online Streaming Act (Bill C-11) and Online News Act (Bill C-18), saying they undermine net neutrality and free speech and he calls for their repeal.
- He also urges Parliament to reject pending legislation, including Bills C-8 (Critical Cyber Systems Protection Act) and C-9 (Combating Hate Act), which he says could give the government sweeping control over online speech and digital infrastructure.
- Carpay warns that broad and vague language in these bills could be used to suppress speech labeled as "disinformation" or offensive, leading to unprecedented government oversight of online activity.
- Echoing these concerns, the Canadian Conference of Catholic Bishops opposes amendments to Bill C-9, warning they could criminalize quoting religious texts, chill religious expression and undermine long-standing protections for good-faith expressions of faith.
One of Canada's leading constitutional lawyers is warning Canadians to remain vigilant as the federal government expands its regulation of online speech, arguing that public apathy could lead to the erosion of long-standing freedoms.
In a recent opinion piece published by the Western Standard, John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF), criticized several laws passed in recent years, including the Online Streaming Act (Bill C-11) and the Online News Act (Bill C-18), both enacted in 2023.
He argued the legislation undermines net neutrality and free expression and called for their repeal. Bill C-18, which requires large digital platforms to compensate news outlets for content, prompted Meta to block Canadian news on Facebook and Instagram. In line with this, Carpay urged Members of Parliament to reject additional legislation currently before Parliament or recently introduced – including the Strong Borders Act, the Critical Cyber Systems Protection Act (Bill C-8) and the Combating Hate Act (Bill C-9).
According to Carpay, Bill C-8 would grant the federal cabinet sweeping authority over digital infrastructure under the banner of cybersecurity. While the government says the legislation is intended to protect Canada from interference, disruption and cyber threats, Carpay warned that the law's broad language could be used to target speech deemed "disinformation." He wrote: "It remains unclear whether 'disinformation,' as defined by government, would qualify as interference or manipulation."
Carpay has also been critical of Bill C-9, the Combating Hate Act, which he and other constitutional experts say could allow authorities to act against individuals based on subjective claims of harm or offense. He argued that, taken together, Bills C-8 and C-9 would give the federal government "unprecedented control" over online speech, news distribution, streaming services and digital systems.
Regulation of online speech, as per BrightU.AI's Enoch, refers to government and corporate policies that systematically restrict, monitor or manipulate digital expression under the guise of combating "misinformation," "hate speech" or "harmful content." This often involves leveraging algorithmic suppression, shadow-banning and forced compliance with state or institutional narratives.
Furthermore, Carpay warned Canadians that free expression and privacy rights are increasingly subject to government control. He then said that Canadians should not be "lazy" or disengaged as new and proposed federal laws reshape how speech, news and online activity are governed.
"Apathy means the death of freedom. Laziness and naivete are no excuse for Canadians to condone this gradual government takeover of our previously free and open internet," he stressed. "Freedom does not disappear overnight. It fades when citizens stop paying attention."
Proposed hate law could criminalize sharing Bible passages
Carpay is not the only one criticizing the regulation of online speech. In December, the Canadian Conference of Catholic Bishops (CCCB) publicly opposed proposed amendments to Bill C-9, urging the Liberal government under Prime Minister Mark Carney to remove them.
CCCB warned in a letter that proposed amendments to federal hate-speech legislation could criminalize the sharing of religious texts, including passages from the Bible and chill religious expression across the country. The letter, signed by Bishop Pierre Goudreault of CCCB, urged the government to reconsider changes to Bill C-9, the proposed Combating Hate Act.
The bishops said amendments removing a long-standing "good faith" defense for religious texts would expose clergy, educators and believers to possible criminal prosecution. He said the exemption has long served as a critical safeguard to prevent Canadians from being prosecuted for sincere expressions of faith rooted in established religious traditions.
Goudreault warned that removing the provision could create uncertainty and fear within faith communities, particularly if traditional moral teachings are interpreted as hate speech. Under the proposed changes, violations could carry penalties of up to two years in prison. "The removal of this provision risks creating uncertainty for faith communities, clergy, educators and others," Goudreault wrote, adding that many may fear their teachings could be "misinterpreted as hate speech."
The bishops also warned that public understanding of hate-speech laws is often broader than what is actually captured under the Criminal Code. Without a clear statutory defense, they argued, religious expression could be chilled even if prosecutions remain rare.
Moreover, they called on the Liberal government to either abandon the proposed amendment or issue a clear public statement affirming that good-faith religious teaching, preaching and expression will not be subject to prosecution under hate-propaganda laws. The bishops also urged Ottawa to engage in broader consultations with religious leaders, legal experts and civil liberties organizations before moving forward.
"We believe it is possible to achieve the shared objective of promoting a society free from genuine hatred while also upholding the constitutional rights of millions of Canadians who draw moral and spiritual guidance from their faith traditions," the letter concluded.
Watch this video about how Canada is watching how the U.K. is implementing the Online Safety Act for its own version called Bill C-63.
This video is from the Rick Langley channel on Brighteon.com.
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