Close X
Wednesday, December 4, 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

    New Calf Born To Endangered Orca Population In British Columbia Waters

    New Calf Born To Endangered Orca Population In British Columbia Waters
    VANCOUVER — Researchers say a new calf has been born into an endangered orca population off British Columbia's coast.

    New Calf Born To Endangered Orca Population In British Columbia Waters

    Brrrrrrrr: Former Refugees Say Canadian Winters Can Be A Shock For Newcomers

    Brrrrrrrr: Former Refugees Say Canadian Winters Can Be A Shock For Newcomers
    Abukar fled Somalia and lived in Egypt as a refugee before arriving in Canada in 2011. He lived in Ontario before moving to Saskatoon in the winter of 2013.

    Brrrrrrrr: Former Refugees Say Canadian Winters Can Be A Shock For Newcomers

    Christy Clark Says Trudeau Legitimizing Unaccountable Senate, B.C. Under-representation

    Christy Clark Says Trudeau Legitimizing Unaccountable Senate, B.C. Under-representation
    Christy Clark says the new process for appointing senators on merit will give legitimacy to an unelected, unaccountable upper house in which her province will remain grossly under-represented.

    Christy Clark Says Trudeau Legitimizing Unaccountable Senate, B.C. Under-representation

    Extremists Could Use Peaceful Demonstrations As Cover, Intel Report Claims

    Extremists Could Use Peaceful Demonstrations As Cover, Intel Report Claims
    The federal analysis of threats to the passenger rail system introduces a new twist to the often tense debate over state scrutiny of environmental demonstrators — that otherwise harmless activists might unwittingly harbour dangerous terrorists.

    Extremists Could Use Peaceful Demonstrations As Cover, Intel Report Claims

    Teen Urges Justin Trudeau Government To Help Secure Release Of Dad Detained In UAE

    Teen Urges Justin Trudeau Government To Help Secure Release Of Dad Detained In UAE
    An Ontario teen is calling on the new Liberal government to secure the release of her father, who has been languishing in a United Arab Emirates prison without charge for more than a year.

    Teen Urges Justin Trudeau Government To Help Secure Release Of Dad Detained In UAE

    Guy Turcotte Found Guilty Of Second-degree Murder In Deaths Of His Kids

    Guy Turcotte Found Guilty Of Second-degree Murder In Deaths Of His Kids
    The mother of two slain children had a sobering thought after their father was found guilty on Sunday of second-degree murder in their stabbing deaths nearly seven years ago.

    Guy Turcotte Found Guilty Of Second-degree Murder In Deaths Of His Kids