Nova Scotia is among a handful of provinces to pass legislation which offers civil remedies for cyber-bullying. When cyberbullying happens, it can have extremely serious consequences. Not only can the emotional and social well-being of a victim be impacted significantly, but there can be severe legal implications for the perpetrator(s). In Nova Scotia, Rehtaeah Parsons’ heartbreaking case resulted in a turning point in Nova Scotia’s legal approach to cyberbullying.
Cyberbullying is defined as any repeated, harmful behaviour online via messages, posts, or image sharing. It might include sharing negative, harmful, false, or mean content about someone, or spreading personal or private information without someone’s consent. Some cyberbullying can cross the line into unlawful or criminal behaviour when expectations of privacy are violated.
Under the provincial Intimate Images and Cyber Protection Act (2017), the unconsensual sharing of intimate images as a form of cyberbullying can result in serious legal consequences. If you or a loved one has experienced cyberbullying, it’s important to know that you have legal rights and options available to you.
At Valent Legal, our Halifax cyberbullying lawyers understand how Nova Scotia’s privacy laws, as well as federal laws, protect people online. As a result, we can make sure your legal rights are upheld and help you stand up to cyberbullies. To speak about your situation confidentially, schedule a free initial consultation with our cyberbullying lawyers in Halifax today.
Legal Consequences of Cyberbullying in Nova Scotia
Following the repeal of the 2015 Cyber Safety Act, Nova Scotia’s Intimate Images and Cyber Protection Act was introduced in 2017. This act allows for victims of cyberbullying to pursue legal remedies through civil court. This act may apply to situations even where there is no direct proof of harm.
Some actions that defendants can pursue in civil court include:
- The prohibition of image sharing or cyberbullying
- A no-contact order with the offender
- The removal and/or disabling of offending content
- Financial compensation from the offender, including general damages, special damages, or even punitive damages, in some cases
- And more
When courts review cyberbullying cases, there are several factors they will consider when determining appropriate remedies. For example, courts may take into account the nature of the content, how often the cyberbullying occurred, the intent of the perpetrator, and the relative vulnerability of the victim.
In addition to Nova Scotia provincial law, section 162.1 of the Criminal Code of Canada references multiple online criminal offences. The sharing of intimate images without consent is a major legal violation, along with criminal harassment, uttering threats, identity theft, mischief to data, and more. Some penalties for cyberbullying under federal law include:
- Up to 5 years in prison
- Seizure of devices
- Court-ordered removal of images
- Financial compensation for victims
- And more
Damages were awarded to a victim of cyberbullying under Nova Scotia’s Intimate Images and Cyber Protection Act for the first time in 2020 in Candelora v Feser, NSSC 177. When harassment over Facebook took place during a family dispute, the court ordered that the offending posts be removed, a no-contact order be implemented, and that the victim receive $85,000 in total damages.
How Our Halifax Cyberbullying Lawyers Can Help Victims
At Valent Legal, our Halifax cyberbullying lawyers are committed to protecting victims and making sure they get justice for any negative experiences they’ve been through. We know the emotional and life-changing impacts that cyberbullying can have, which is why we take these cases so seriously.
When we work with clients, we provide:
- Free Initial Consultation & Case Reviews: At Valent Legal, our firm operates on a contingency-fee basis. This means that we offer free initial consultations to our clients, and they don’t pay any money unless we successfully recover compensation for them. When you meet with our team for the first time, we’ll talk about your situation and help you determine whether you have a case under provincial or federal law.
- Evidence Gathering & Strategy: We have years of experience helping victims navigate their cyberbullying claims. As a result, we understand what types of evidence to gather and preserve to build you the strongest case possible. We’ll assess what kinds of screenshots and/or posts to keep, as well as expectations of privacy and intent in your situation.
- Assistance With the Civil Claim Process: We will help you file a claim under the Intimate Images and Cyber Protection Act. By doing so, we can help you pursue takedown orders, no-contact orders, financial compensation, and, most importantly, justice.
- Compassionate Service: We recognize the trauma that online abuse causes. Not only do we approach every case with a sensitive and trauma-informed perspective, but we can also connect clients with counselling and support services when needed.
Let us put our experience with digital privacy and online harassment to work for you. With our compassionate, results-driven approach, you can feel confident that your claim is in good hands. To discuss your situation and legal options, contact one of our Halifax cyberbullying lawyers today.
Contact Our Halifax Cyberbullying Lawyers Today for a Free Consultation
Don’t wait–speak with our cyberbullying lawyers in Halifax today to explore legal remedies that may be available to you. We can assess your case and advise you on the kinds of compensation you may be eligible for.
To get started with your free, confidential consultation, contact our Halifax legal team today. You can call our office at 902-443-4488, email , or fill out our online contact form. We’ll connect with you as soon as possible to help you understand your legal options. You’re not alone; let us help.