Close X
Tuesday, November 19, 2024
ADVT 
National

Judge Strikes Down Nova Scotia Cyberbullying Law Inspired By Rehtaeh Parsons

The Canadian Press, 11 Dec, 2015 10:52 AM
    HALIFAX — A Nova Scotia judge struck down a law inspired by the death of Rehtaeh Parsons on constitutional grounds Friday, ruling it violates Charter rights to freedom of expression and liberty.
     
    Justice Glen McDougall of the Supreme Court of Nova Scotia also declined a Crown request to suspend his declaration that the law is invalid for 12 months to allow the legislature time to amend it.
     
    In his decision, McDougall says the other option of striking down the "offending portions" of the law isn't practical either.
     
    "The remaining parts of the act cannot survive on their own," he writes. "They are inextricably connected to the offending provisions, in particular the definition of cyberbullying. ... The act must be struck down in its entirety."
     
    Lawyer David Fraser challenged the the Cyber-safety Act on constitutional grounds as part of a case involving client Robert Snell, who was placed under a cyber safety protection order sought by his former business partner last December. McDougall's ruling also voids that order.
     
    Fraser argued the law was too broad and an "unreasonable and unjustified" infringement of freedom of expression rights.
     
    The Crown said the Supreme Court of Canada has recognized the freedom of expression is not an "absolute right" and some limits must be placed even on fundamental rights when social values conflict.
     
    But McDougall says the law fails to balance an individual's right to free speech against society's interests in giving victims of cyberbullying greater access to justice.
     
    McDougall says the law is too broadly written and as a result infringes on a person's right to liberty, too.
     
    "I have already found that the act, and in particular the definition of cyberbullying, is overbroad. By casting the net too broadly, and failing to require proof of intent or harm, or to delineate any defences, the act limits the right to liberty in a way that has no connection with the mischief it seeks to address."
     
    The law was passed in May 2013 in response to public outrage over the death of Parsons.
     
    Her family alleges the teen was sexually assaulted in November 2011 and bullied for months after a digital photo of the assault was passed around her school. Parsons died after attempting suicide in April 2013.

    MORE National ARTICLES

    Winnipeg Woman Denied Protection Order Against Man Accused Of Killing Her

    Winnipeg Woman Denied Protection Order Against Man Accused Of Killing Her
    The 20-year-old spoke by phone May 19 to a justice of the peace based in Brandon, Man., and alleged in a soft, matter-of-fact voice that she had been hit, kicked and beaten regularly by Ray William Everett.

    Winnipeg Woman Denied Protection Order Against Man Accused Of Killing Her

    Edmonton Catholic School Board Votes For First Reading Of LGBT Policy

    Edmonton Catholic School Board Votes For First Reading Of LGBT Policy
    Although there were several amendments made to the policy, Marilyn Bergstra, the board's new chairwoman, called it "a great start."

    Edmonton Catholic School Board Votes For First Reading Of LGBT Policy

    Blame Game Already On As Canada-US Softwood Deal Expires; No Talks On Horizon

    Blame Game Already On As Canada-US Softwood Deal Expires; No Talks On Horizon
    A British Columbia government official said Tuesday the Americans have ignored Canada's offers to renew or renegotiate the trade agreement.

    Blame Game Already On As Canada-US Softwood Deal Expires; No Talks On Horizon

    Three Sisters Die After Being Buried In Truckload Of Canola On Alberta Farm

    Three Sisters Die After Being Buried In Truckload Of Canola On Alberta Farm
    RCMP say the three girls were playing on a loaded truck of canola at a family farm on Tuesday evening. However, they became buried by the seed in the truck and started to suffocate.

    Three Sisters Die After Being Buried In Truckload Of Canola On Alberta Farm

    Companies Turn To Cyber Insurance After Ashley Madison And Other High-profile Hacks

    Companies Turn To Cyber Insurance After Ashley Madison And Other High-profile Hacks
    "The number of attacks are rising, the severity is rising, and when they come, they're more difficult to deal with," he said.

    Companies Turn To Cyber Insurance After Ashley Madison And Other High-profile Hacks

    Blue Jays GM Alex Anthopoulos Quiet On Don Cherry's Mlb Conspiracy Theory

    Blue Jays GM Alex Anthopoulos Quiet On Don Cherry's Mlb Conspiracy Theory
    Cherry spoke at length on Saturday during his Coach's Corner segment of Hockey Night in Canada about officiating and game operations decisions made by MLB that he believed were biased against the Blue Jays.

    Blue Jays GM Alex Anthopoulos Quiet On Don Cherry's Mlb Conspiracy Theory