Nova Scotia Introduces New Cyber-Bullying Legislation

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act (the "Cyber-protection Act", or the "Act"). The Act comes as Nova Scotia's previous cyber-bullying legislation, the Cyber-safety Act ("CSA"), was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

The Cyber-protection Act, like the CSA, is notable for making Nova Scotia the first Canadian province to formalize and adopt cyber-bullying legislation. Similar to its predecessor, the Act proposes to create civil remedies to deter, prevent, and respond to the harms of non-consensual sharing of intimate images and cyber-bullying. Under the proposed Act, a complainant whose intimate image was distributed without consent or who was victim to cyber-bullying may apply to court for a wide range of remedial orders. The complainant must identify, depending on the circumstances, either the alleged perpetrator or the person(s) who have