Canadians contacted at home by gov officials over social media posts after hate speech law passes: JCCF

The Justice Centre for Constitutional Freedoms says it is receiving reports that some Canadians have been contacted at their homes by government officials over social media posts made months or even years earlier, following the passage of Canada's new hate speech legislation.

The organization said the reports come after Parliament passed Bill C-9, the Combatting Hate Act, which expands Canada's hate speech laws by creating new offences, increasing penalties, and removing certain legal safeguards that previously limited prosecutions for hate-related expression. The group said Canadians who are contacted by government officials over online posts should consider recording the interaction.

"If you believe your rights have been infringed or that you have been unfairly targeted, we encourage you to submit a case application through the Justice Centre's online portal," the organization said.

The Justice Centre provides legal representation to Canadians who believe their constitutional rights or freedoms have been violated by federal, provincial, or municipal governments or government entities, including universities, human rights commissions, professional associations, and public school boards. It said applications for legal assistance must be submitted online.

Canada would not be the first country to begin arrests for social media posts. The Times in the UK which used freedom of information requests to examine arrests in England and Wales under Section 127 of the Communications Act 2003 and Section 1 of the Malicious Communications Act 1988. The laws prohibit communications that are "grossly offensive or of an indecent, obscene or menacing character," as well as messages that are "threatening, or knowingly false."

According to The Times, there were 12,183 arrests in 2023 and 1,119 people were sentenced. The newspaper also reported that more than 65,000 arrests have been made since 2017.

Jake Hurfurt, head of research investigations at Big Brother Watch, told The Times the trend is "seriously concerning." "Police look to be wasting countless hours on arresting people for posting things online that, while offensive, are not illegal. Heavy-handed use of vague communications offences is a threat to everyone’s freedom to express themselves online," Hurfurt said.