Anti-bullying bylaws ‘may have chilling effect’

Municipalities that pass anti-bullying bylaws are using a sledgehammer approach to a serious issue that may have a “chilling effect” on the broader population, warn civil liberty advocates.

Town councillors in Hanna, about 200 kilometres northeast of Calgary, have approved an anti-name-calling bylaw that allows Mounties to fine offenders $250 for a first offence and $1,000 for further offences. Those undeterred by the fines could face a six-month stint behind bars or community service.

Hanna Mayor Mark Nikota says bullying isn’t a huge problem in the community of 2,700, but a handful of past and ongoing incidents concerned the public, as well as local RCMP, which first approached the town council to look at antibullying options.

Hanna is the latest jurisdiction in Alberta to introduce an anti-bullying bylaw. But the broad language contained in the bylaws is cause for concern, say civil liberties advocates.

“Everybody is concerned about bullying,” said Hal Joffee, vice-president of the Rocky Mountain Civil Liberties Association. “But it seems that with the best of intentions that they’re doing something with a sledgehammer.”

“It would seem to me that if we have to do this there has been a failure in our communities to teach people appropriate social norms and behaviour,” Joffee added.

The bylaw passed in Hanna last month defines bullying as “the harassment of others by real or threatened violence, racial, ethnic, gender-based, or emotional name calling and put-downs, whether they are electronic or written.”

Hanna’s mayor says the new bylaw allows RCMP to tackle incidents on public property before they escalate.

He doesn’t believe RCMP will enforce the bylaw “every time somebody calls somebody a name.” he said. “Let’s face it, police have better things to do.”

But Noa Mendelsohn, equality program director with the Canadian Civil Liberties Association, says it’s not enough to say police will exercise the bylaw at their discretion.

“Saying ‘Don’t worry, the police will exercise their good judgment’ is not an answer,” Mendelsohn said.

“Laws need to be clear and they need to not restrict our fundamental rights and freedoms any more than is demonstrably justified.”

Mendelsohn adds these bylaws are a “severe restriction on freedom of expression,” which can have a “chilling effect on a broad swath” of the population.

“We should be asking ourselves. ‘Who are the police going to be monitoring?’ ” she said. “Are they going to be reading peoples’ Facebook posts?”