Keywords
Nova Scotia Cyber-Safety Act, Crouch v. Snell, cyber-bullying
Abstract
Nova Scotia’s Cyber-safety Act was meant to fill a gap in the law. Where criminal charges and civil claims like defamation were unavailable or undesirable, the Act, it was hoped, would contain a substantive definition of cyberbullying, set out when it was actionable, and provide procedures for victims to obtain remedies. But the statute that was ultimately passed was too blunt a tool to address the problem, from both a substantive and a procedural perspective.
That helps explain why Justice McDougall of the Supreme Court of Nova Scotia struck down the entire statute as unconstitutional, in the recent case of Crouch v. Snell. Now that the Cyber-safety Act is no more, the gap is back. Since the statute was enacted, in 2013, there have been amendments to the Criminal Code and developments in tort law that arguably temper the need for a revised statute.
So is there still a gap that needs filling? This case comment suggests that there is, in light of the continued prevalence of harmful online speech — but only if it is filled properly. In filling the gap the second time around, the Legislature should take some cues from Justice McDougall’s decision which, though not perfect, lays the groundwork for what reasonable limits on the substantive definition of ‘‘cyberbullying,” and reasonable tweaks to the process, should look like.
Recommended Citation
Jennifer Taylor, "Minding the Gap: Why or How Nova Scotia Should Enact a New Cyber-Safety Act - Case Comment on Crouch v. Snell" (2016) 14:1 CJLT.
Included in
Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons