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ARTICLE · 26 JANUARY 2016

Nova Scotia Court Strikes Down Cyber-Bullying Legislation

Borden Ladner Gervais LLP
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In 2013, Nova Scotia became the first jurisdiction in Canada to implement legislation aimed at protecting victims of online harassment or ‘cyber-bullying'.

CanadaConsumer Protection
Bethan Dinning
Bethan Dinning
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In 2013, Nova Scotia became the first jurisdiction in Canada to implement legislation aimed at protecting victims of online harassment or 'cyber-bullying'. On December 11, 2015, the Supreme Court of Nova Scotia struck down the Cyber Safety Act (the "Act") in Crouch v. Snell 1 [Crouch] stating that it was contrary to the Canadian Charter of Rights and Freedoms (the "Charter") and calling the legislation a "colossal failure".

Legislative Context

The Act was proclaimed on August 6, 2013. It was drafted under heightened public scrutiny and in the months following the death of 17-year-old high school student Rehtaeh Parsons who was bullied, attempted suicide and subsequently died on April 4, 2013.

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