Forum 34.4: Regulating Online Harms in Canada

In this special issue, guest edited by Dax D'Orazio (Guelph) and Michael Asres (York), scholars of law and politics at different career stages examine some of the key legal, political, and practical challenges raised by Canada's Online Harms Bill (Bill C-63), which died on the order paper when Parliament was prorogued in early 2025. In anticipation of subsequent attempts to regulate online harms, the issue's contributors reflect on how the law ought to respond to the rapid spread of hateful or otherwise harmful content online, and on how this response can be tailored to still leave ample room for the exercise of expressive freedom. You can access the full issue for free by clicking the individual article links below.

 

FULL ISSUE: REGULATING ONLINE HARMS IN CANADA

 

Editorial Introduction: Regulating Online Harms in Canada
Michael Asres, Dax D'Orazio
i-viii

Online Harms Legislation and Lawful but Awful Expression
Emily Laidlaw
1-20

Protecting Us and They/Them: The Online Harms Act as a Missed Opportunity for Queer Expressive Freedom under the Charter
Joe Byram
21-42

Beyond Public Law: Recognizing a Tort Remedy for Hate Speech in Canada
Kenneth Grad
43-64

A New Life for Section 13 of the CHRA?
Richard Moon
65-72

Hate Speech in the Headlines: National Newspaper Coverage of Free Expression Controversies and the Human Rights Backlash
Michael Asres, Dax D'Orazio
73-94

Online Harms and Hate Speech: The United Kingdom’s Online Safety Act as a Model for Canada
Emmett Macfarlane
95-104

Event Video: Gerard Kennedy on Sections 25-31 of the Charter

Forum 34.3: Fair Voting BC

We're delighted to announce the publication of a new special issue of the Constitutional Forum. This special issue comprises a series of short commentaries on the Ontario Court of Appeal's recent judgment in Fair Voting BC v Canada (Attorney General), in which the Court rejected claims that Canada's "first-past-the-post" electoral system unjustifiably violates sections 3 and 15(1) of the Charter of Rights and Freedoms (the right to vote and the right to equality). You can access the full issue for free via the links below.

 

CONSTITUTIONAL FORUM: 34.3 (Special Issue: Fair Voting BC)

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Table of Contents

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Fair Voting BC: The Charter, Courts, and Election Law
Léonid Sirota

Nothing to See Here: Sex Discrimination and the Challenge to “First Past the Post” in Fair Voting BC
Kerri Froc

The Application of the Charter to Legislation Unilaterally Amending the Constitution of Canada under Section 44 of the Constitution Act, 1982
Michael Pal & Sujit Choudhry

Event Video: Cowichan Tribes Lecture (Jaclyn McNamara & Victoria Wicks)

New Blog Series: Understanding Quebec v Senneville

We're delighted to announce the publication of a series of three expert interviews on the Supreme Court of Canada’s recent judgment in Quebec v Senneville — a judgment that elicited a great deal of public attention and controversy when it was released in October 2025.

In Senneville, the Supreme Court struck down two mandatory minimum sentencing provisions relating to possession and accessing of child pornography, ruling that these sentences violated section 12 of the Canadian Charter of Rights and Freedoms. In reaching this conclusion, the Court used the “reasonable hypothetical” approach that has become a standard part of its mandatory minimums jurisprudence, reasoning that the statutory minimum sentence of one year in prison would be grossly disproportionate if applied, for example, to an otherwise law-abiding 18-year old receiving a second hand sext from a 17-year old.

In this series of interviews, Kira Davidson, Public Legal Education Coordinator with the CCS, spoke to Professors Lisa Kerr, Steven Penney, and Emmett Macfarlane about different aspects of the Court's judgment and Parliament's reaction to it. You can access all three of these posts by clicking the links below:

 

Interview 1: Lisa Kerr

Interview 2: Steven Penney

Interview 3: Emmett Macfarlane

 

Event Video: Robert Hamilton on Aboriginal Title and Private Property

Event Video: Justice Colin Feasby on the Law of Democracy

Interview Series: Prof Jared Wesley on the Alberta Premier's Letter re: Judicial Appointments

Fall Event Videos: Margot Young, Eric Adams, Our-More-Than-Human Constitutions

Interview Series: Marion Sandilands on the Notwithstanding Clause