FIVE THINGS ABOUT REHTAEH PARSONS’ LAW BEING STRUCK DOWN

1

THE BACKSTORY

The family of Nova Scotia’s Rehtaeh Parsons, 17, alleged she 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. Her death inspired Nova Scotia’s anti-cyberbullying law, the Cyber-safety Act.

2

THE ACT

The act defines cyberbullying as any electronic communication “that ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm

to another persons health, emotional well being, self-esteem or

reputation.”

3

THE CHALLENGE

Lawyer David Fraser challenged the 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. Fraser argued the law was too broad and an “unreasonable and unjustified” infringement of freedom

of expression rights.

4

THE RULING

On Friday, Justice Glen McDougall of the Supreme Court of Nova Scotia struck down the law, ruling it was overbroad and violated Charter rights to freedom of expression and liberty.

5

THE REASON

“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,” said the judge.