Wednesday November 8, 2017

Nova Scotia's Cyber-Protection Act

Authored by: Terrance G. Sheppard Posted in: Criminal Law

Two years after the Nova Scotia Supreme Court struck down the Cyber-Safety Act, the Nova Scotia Government has reintroduced new legislation to deal with cyber-bullying.  The new Act (Bill 27) will allow a victim or parents to ask a judge to order that the alleged offences stop, to take down a web-page, prohibit further contact with the victim, or even order the perpetrator to pay damages to the victim.

Someone making such an application to the Court can ask that no one shall be permitted to publish their name or any information likely to identify them.

It is important to note that this Act does not immediately make it an offence to cyber bully or distribute intimate images, unlike the previous Act. Also, the Criminal Code of Canada does have provisions dealing with the distribution of intimate images. It is only an offence if someone disobeys an Order made under the Act.

If you are involved in one of these applications, you should consult with an experienced criminal law lawyer.

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