Jail before crime, jail because of speech

In 1984, George Orwell coined the term thoughtcrime. In the short story “The Minority Report,” the science-fiction author Philip K. Dick gave us the concept of “precrime,” describing a society where would-be criminals were arrested before they could act. Now Canada is combining the concepts in a work of dystopian nonfiction: A bill making its way through Parliament would impose draconian criminal penalties on hate speech and curtail people’s liberty in order to stop future crimes they haven’t yet committed.

The Online Harms Act states that any person who advocates for or promotes genocide is “liable to imprisonment for life.” It defines lesser “hate crimes” as including online speech that is “likely to foment detestation or vilification” on the basis of race, religion, gender, or other protected categories. And if someone “fears” they may become a victim of a hate crime, they can go before a judge, who may summon the preemptively accused for a sort of precrime trial. If the judge finds “reasonable grounds” for the fear, the defendant must enter into “a recognizance.”

A recognizance is no mere promise to refrain from committing hate crimes. The judge may put the defendant under house arrest or electronic surveillance and order them to abstain from alcohol and drugs. Refusal to “enter the recognizance” for one year results in 12 months in prison.

Just countries do not punish mere speech with imprisonment, let alone life imprisonment. Just countries do not order people who have not committed and are not even accused of a crime to be confined to their home or tracked with an ankle bracelet. 

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