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Carla Treadway interviews constitutional lawyer John Carpe, founder and president of the Justice Centre for Constitutional Freedoms (JCCF). Carpe says Canada’s underlying problem is a cultural decline in which Canadians increasingly accept authoritarian ideas—believing government knows best and can violate constitutional rights for reasons like safety and security. He argues this decline is reinforced by ignorance of history and recurring “pretexts” governments use to justify rights-restricting measures.
Carpe points to legislation expanding government surveillance powers. He contrasts long-standing principles of privacy and property protections with bills that, in his view, enable state surveillance over texts, phone calls, and communications. He says police should need court authorization (warrants) to violate individual privacy rights and that surveillance should be limited to cases involving active crimes and small numbers of people or groups.
Treadway asks why Canadians may not understand the seriousness of bills. Carpe says the education system emphasizes only the positive role of government and that many Canadians are not taught that governments can also become tyrannical and oppressive. He also describes a pattern of human rights violations receiving broad popular support in their time and becoming widely condemned only decades later. He links this dynamic to Canadian attitudes during COVID-related restrictions, including punishments directed at people who declined a COVID vaccine. He describes these measures as causing, in his view, severe human rights harms with substantial public support.
Carpe argues that independent media and podcasts are growing as alternatives to declining legacy outlets, but he warns of the threat posed when governments attempt to suppress “misinformation.” He says the key issue is who decides what is misinformation versus accurate information, and he argues that allowing government to decide truth and punish disagreement leads toward repression. He raises concerns about government being “the arbiter” of information without accountability.
The discussion then focuses on Bill C-34, described as the Safe Social Media Act, and a broader package of connected online-related laws. Carpe lists C-11 (Online Streaming Act), C-18 (Online News Act), C-8, C-9, C-22 (Lawful Access Act), and C-34. He argues that together these measures move toward a surveillance state. Regarding C-34, he says the bill creates a new digital safety commission with powers similar to the CRTC to create rules affecting internet content, and he highlights that the bill does not specify which social media companies will fall under its requirements, leaving that decision to the federal cabinet. He says the structure could enable requirements such as age verification using digital ID, including facial recognition, which he argues would create a total surveillance system. He says a policy framed as protecting children would become an across-the-board requirement (i.e., everyone would have to prove age to access social media).
Treadway challenges this with the “it only applies to kids” framing. Carpe responds by emphasizing that if age verification is required for teens, the mechanism logically expands to everyone, and he uses a hypothetical political analogy to illustrate how identity-based access could be used to cut off political opponents.
Carpe says criminal harms online are already illegal and should be addressed through better enforcement rather than new powers. He argues that child pornography, threatening people, certain forms of bullying, and willful promotion of hatred against protected groups are already criminal, and he says the problem is enforcement rather than missing criminal provisions.
He argues that centralized digital ID and surveillance are a path toward systems like China’s social credit system. He describes Bill C-22 (as he portrays it) as requiring telecommunications companies (like Bell and Rogers) to retain individual data for six months, including tracking and tracing like the timing and geographical location of communications, while claiming content is exempt.
Carpe discusses “broad popular support” and enforcement unevenness, mentioning examples where police allegedly watched vandalism and where prosecutors allegedly decided not to prosecute. He also says criminal enforcement on online harms is inconsistent and argues ordinary citizens should inform themselves and contact representatives rather than rely only on lawyers.
The conversation addresses political engagement, including petitions and public participation. Carpe says petitioning and staying involved matters because governments can be pressured by constituents. He encourages contacting MPs/MLAs/city councillors/school board trustees and supporting candidates aligned with truth, justice, and freedom.
Carpe cites multiple JCCF “wins.” He describes a successful Supreme Court-based challenge to an Ontario policy that restricted political expression on billboards, involving a case where a billboard message accusing politicians of lying about vaccines was censored and later allowed. He also describes a victory regarding pro-life signs on Parliament Hill, saying the court rejected limitations based on “offensive and disturbing” expression and recognized that the “free expression only if it doesn’t offend” standard is inconsistent with free speech principles. He further discusses a successful challenge to the Emergencies Act, saying courts held the government did not meet statutory requirements, acted wrongly by unleashing violence on peaceful protesters, and improperly froze bank accounts; he says the Federal Court of Appeal upheld the lower court decision.
Treadway asks about how opposition changes Ottawa’s calculus. Carpe cites earlier outcry against other bills (including the Strong Borders Act, which he says should have been called a Strong Surveillance Act) and says public opposition from across the political spectrum can lead to changes or delays. He says the same dynamic could apply to C-34 if constituents push back.
Finally, Carpe discusses the JCCF’s approach of voluntary donations and argues independence from government funding matters because government-funded media and government-funded organizations can be beholden to state interests. He closes by reiterating that the JCCF fights in courts and in public opinion while supporters continue donating.