An overview of anti-bullying legislation and alternatives in Canada.

• Author: Panjvani, Lindsey
• Position: Online Law

Very few days seem to go by, of late, without Canadians hearing about the alarming consequence of bullying in some form or another. This is particularly true in relation to children and youth. A number of high profile cases have garnered much discussion over the past few years, the latest of which is the tragic death of Rehtaeh Parsons. Studies and reports, campaigns and projects, and even the occasional uplifting triumphs, too, all do their part to keep this topic in the public eye.

According to Public Safety Canada, bullying is "characterized by acts of intentional harm, repeated over-time, in a relationship where an imbalance of power exists. It includes physical actions (punching, kicking, biting), verbal actions (threats, name calling, insults, racial or sexual comments), and social exclusion (spreading rumours, ignoring, gossiping, excluding)." Notably, a 2010 report for the Public Health Agency of Canada, on the Health of Canada's Young People, found approximately 40% of adolescents to be both bullies and victims of bullying. And for all concerned, whether victim, bully, or both, the consequences can be many and long-lasting.

For those engaged in bullying, there may also be legal repercussions. While there is no offense termed bullying under the Canadian Criminal Code per se, many behaviours or incidents characterized as bullying fit the definition of criminal offenses. These include, for example, Criminal Harassment (CCC 264), Uttering Threats (CCC 264.1), Assault (CCC 265 & 266), and Sexual Assault (CCC 271), with perpetrators risking youth or adult sentencing depending on the circumstances of the crime(s). For more on this topic, see the John Howard Society for an accessible look at bullying and the law.

On a provincial level, a number of different approaches have been taken. At present, only some of the provinces have anti-bullying legislation in place, with mixed opinions as to their efficacy, while the other provinces and territories have opted to address bullying in different ways. What follows are recent legislative changes specific to bullying, as well as a quick look at the approaches taken by the others.

In Manitoba, Bill 18, which came into effect on April 15, 2012, amended The Public Schools Act specific to bullying and respect for human diversity. The term 'bullying' is defined, and school boards of publicly-funded non-religious and religious schools must both expand their policies about the appropriate use of the...