Bill C-34 threatens Canadians’ online freedoms

OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that constitutional lawyer Daniel Santoro has filed a submission with the House of Commons Standing Committee on Canadian Heritage studying the Safe Social Media Act (Bill C-34). Mr. Santoro warns that the bill would give the government sweeping powers over online expression and raise serious privacy concerns.

The federal government says the legislation would protect Canadians, particularly children, from online harms.

Mr. Santoro argues that the government’s proposed new powers go too far, threatening freedom of expression under section 2(b) of the Charter and raising concerns about the right to be secure against unreasonable search or seizure under section 8.

Mr. Santoro has three main concerns:

1. Broad restrictions could censor lawful debate: Vague terms such as “well-being” and “psychological harm,” alongside Digital Safety Plan requirements, can be used to restrict legal but controversial opinions. Existing Criminal Code tools could address illegal content, with amendments where needed.
   
2. Government-approved social media for children: The commission would have the power to exempt platforms from restrictions on accounts for children under 16, effectively creating government-approved services without clear standards for approval.
   
3. Inadequate privacy and transparency safeguards: Age checks could require adults and children to provide personal information, potentially including biometric data, without adequate safeguards to protect their privacy. The bill also permits private hearings and leaves important rules to future regulations rather than parliamentary debate.

The submission recommends a narrower approach to addressing illegal online content:

• Use and improve existing criminal laws: Rely on the Criminal Code, amended where necessary, to obtain court orders removing illegal content or making it inaccessible in Canada.
• If Parliament proceeds, narrow the bill’s reach: Limit direct restrictions to clearly defined content involving child sexual exploitation, intimate images shared without consent, incitement to violence, and incitement to terrorism.

Mr. Santoro argues that Canadians’ freedom to read and exchange ideas online deserves the same protection as their freedom to access materials in bookstores and libraries. Government oversight of what Canadians may read is incompatible with a free and democratic society, whether those materials appear in print or online.

Said Mr. Santoro, “We already have laws to deal with illegal content.”

“Parliament should strengthen those laws where needed, while protecting everyone’s freedom to debate difficult and controversial issues,” he added.

Mr. Santoro would welcome the opportunity to appear before the Standing Committee on Canadian Heritage to explain these concerns and answer MPs’ questions.

For media inquiries, please contact media@jccf.ca.

Founded in 2010 as a voice for freedom in Canada’s courtrooms, the Justice Centre for Constitutional Freedoms (JCCF’s) mission is to defend the constitutional freedoms of Canadians through litigation and education.