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Free Speech Evidence Hearing Standing Committee on Justice and Human Rights JUST Ï NUMBER 150 Ï 1st SESSION Ï 42nd PARLIAMENT EVIDENCE Thursday, May 16, 2019 Chair Mr. Anthony Housefather 1 Standing Committee on Justice and Human Rights Thursday, May 16, 2019 Police-reported hate crimes targeting sexual orientation rose 16% in 2017, compared with 2016. Crimes motivated by hatred of sexual Ï (0845) orientation accounted for 10% of hate crimes. Police-reported data [English] on trans-targeted hate crimes is suspect, as nearly half of reported The Chair (Mr. Anthony Housefather (Mount Royal, Lib.)): incidents—15—occurred in 2017 alone, likely corresponding to the Good morning, everyone. Welcome to this meeting of the Standing 2017 addition of gender identity and expression to the Criminal Committee on Justice and Human Rights, as we resume our study on Code. We do know, however, from Trans Pulse, that 20% of trans online hate. people in Ontario have been physically or sexually assaulted for being trans. We also know that many survey respondents did not Today, we have two panels. In our first, we are joined by Egale report these assaults to police. In fact, 24% reported having been Canada Human Rights Trust, represented by Ms. Jennifer Klinck, assaulted by police. chair of the legal issues committee. Welcome. We are also joined by Equal Voice, represented by Ms. Eleanor Further, a significant proportion—15%—of hate crimes that are Fast, executive director. Welcome. Also with us are Ms. Nancy also cybercrimes target members of LGBTQ2SI community. Of Peckford, senior adviser to the Morgane Oger Foundation, and none particular concern is that hate crimes targeting members of the other than Morgane Oger, the founder. Welcome. Finally, we have LGBTA2SI community are marked by violence. Hate crimes Ms. Ricki Justice, acting chair of the Pride Centre of Edmonton. targeting sexual orientation were more likely to be violent than Welcome. non-violent. Victims of violent hate crimes targeting sexual We'll go in the order set out in the agenda. As Ms. Klinck was here orientation and aboriginal peoples were also most likely to have just two days ago, she knows the exact timeline she has, so she'll set sustained injury. Similarly, hate crimes targeting trans or asexual an example for everyone. people were very often violent, with 74% of incidents involving violence. Ms. Klinck, the floor is yours. Ms. Jennifer Klinck (Chair, Legal Issues Committee, Egale Canada Human Rights Trust): Thank you. On behalf of Egale In short, online hate is of significant concern to the LGBTQ2SI Canada, I would like to thank the committee for the opportunity to community, because people are committing ever more acts of hate speak today on this critical question of online governance. against us, and, all too often, those who hate us want to hurt and kill us. Ensuring that there are meaningful protections against online hate and harassment, while also maintaining our commitment to the fundamental Canadian value of freedom of expression, is both The Supreme Court of Canada's unanimous decision in Whatcott, difficult and of utmost importance. As part of its mission, Egale a case that specifically dealt with hate speech targeting homosexuals, works to improve the lives of LGBTQ2SI people in Canada, by and in which Egale intervened, succinctly summarized the real promoting human rights and inclusion through research, education, harms caused by hate speech. First, hate speech subjects individual community engagement and public policy contributions. members of the targeted group to humiliation and degradation, resulting in grave psychological and social consequences. Second, I am the chair of Egale's legal issues committee, which is a made hate speech harms society at large, by increasing discord, and, even up of LGBTQ2SI lawyers from across Canada. I am also a partner at if only subtly and unconsciously, by convincing listeners of the Power Law, with a practice focused on constitutional law. I am inferiority of the targeted group. grateful for the assistance of other members of the legal issues committee in preparing these remarks, particularly Professor Samuel Singer, Daniel Girlando and Melissa McKay. The regulatory response to online hate should also take into account how certain types of speech are fundamentally at odds with Online hate poses a significant threat and is therefore an issue of the values that underlie freedom of expression, including the search particular concern to the LGBTQ2SI community. According to a for truth, and democratic participation in the marketplace of ideas. Statistics Canada report on police-reported hate crime in Canada for 2017, hate crimes in general and hate crimes targeting members of the LGBTQ2SI community in particular are on the rise. As the Supreme Court of Canada explained in Whatcott: 2 JUST-150 May 16, 2019 a particularly insidious aspect of hate speech is that it acts to cut off any path of Sisters saga, when Canadian border officials equated representations reply by the group under attack. It does this not only by attempting to marginalize of homosexuality with prohibited obscenity, that the policing of the group so that their reply will be ignored: it also forces the group to argue for their basic humanity or social standing, as a precondition to participating in the restrictions on speech can wrongly discriminate against unpopular deliberative aspects of our democracy. viewpoints and groups. We also know that the Internet has become an important part of helping LGBTQ2SI individuals find or This insight has considerable resonance for members of the construct their identities. LGBTQ2SI community, who have often been portrayed as morally depraved child abusers, as was the case with some of the flyers in Whatcott, or in debates concerning access by trans people to In short, the issues are complex, and the stakes are high. A federal bathrooms corresponding to their lived gender. government response is needed. That response should be informed by careful study and will almost certainly require action on many Beyond online hate speech, other forms of targeted online fronts. harassment are also of vital concern for the LGBTQ2SI community. Today, I will focus on two examples that cause serious harm. At this stage, it is evident that better regulation of online platforms First, cyber-bullying poses a particular threat to LGBTQ2SI is needed, but we cannot simply transpose old ideas onto this new youth. According to a 2016 Statistics Canada report on cyber- forum. Requiring content monitoring by online platforms may be bullying and cyberstalking among Internet users aged 15 to 29 in appropriate. However, there is a need to balance making platforms Canada, more than one-third of the young homosexual and bisexual responsible for content from which they profit and the risk of population were cyber-bullied or cyberstalked, compared with 15% incentivizing sweeping censorship. Creative solutions should also be of the heterosexual population. Cyber-bullying and cyberstalking explored to prevent online platforms from using algorithms that were also correlated with substantially higher rates of discrimination, magnify and direct users towards ever more hateful and extreme as well as physical and sexual assault. content. According to a 2015 a Canada-wide survey by UBC's Stigma and Additionally, more can be done through public education and Resilience Among Vulnerable Youth Centre, 50% of older trans information campaigns to strengthen online media literacy; to ensure youth experienced cyber-bullying. a better understanding of what amounts to hate and harassment, since Ï (0850) inflammatory and wrong understandings fuel distrust of initiatives to promote tolerance and inclusion; and to ensure broad public The effects of cyber-bullying on LGBTQ2SI youth are serious. A knowledge of the historically devastating effects of hate. 2018 systematic literature review by Abreu and Kenny found that these included suicidal ideation and attempt, depression, lower self- esteem, physical aggression, body image issues, isolation and Finally, in any government response, hateful speech directed reduced academic performance. towards members of the LGBTQ2SI community must not be treated less seriously than speech directed towards other groups. Second, aggressive trolling of members of the trans community has become a serious problem. Media reports indicate a growing Egale Canada therefore calls upon the federal government to take trend, with members of the trans community who engage in public a broad approach to developing a robust toolkit to combat online discourse online being targeted by an overwhelming volume of hate and harassment. transphobic messages on online platforms. This form of harassment is marked by both the volume and the vitriol of the material, which has included alt-right memes and Nazi propaganda. Thank you. Further, the practice of doxing, collecting personal information on Ï (0855) a person’s legal identity or Internet activities and publishing it to hostile publics, exposes members of the trans community to specific The Chair: Thank you very much. harms, such as revealing their deadnames, and to broader discrimination. We will next go to Equal Voice. Such practices chill free expression, as trans people avoid participating in public discourse out of fear of reprisal. Ms. Eleanor Fast (Executive Director, Equal Voice): Thank you, Mr. Chair, and members of the committee for inviting Equal A Norwegian study released in March “found that those who Voice to participate in your study on online hate. My name is participate in online debates and comment sections, are more likely Eleanor Fast, I am the Executive Director of Equal Voice, and I am to receive hate speech than those who don’t participate online to the joined by Her Worship Nancy Peckford, the recently elected Mayor same extent.”It also found that members of the LGBTQ community of North Grenville. are more likely than others to withdraw from political debate as a result. Mr. Dave MacKenzie (Oxford, CPC): Hear, hear! While online hate and harassment are issues of particular concern to the LGBTQ2SI community, restrictions on online speech can also Ms.
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