Director of Public Safety (N.S.) v. Lee, (2015) 357 N.S.R.(2d) 100 (SC)

Judge:LeBlanc, J.
Court:Supreme Court of Nova Scotia
Case Date:February 03, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 357 N.S.R.(2d) 100 (SC);2015 NSSC 71
 
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Director of Public Safety v. Lee (2015), 357 N.S.R.(2d) 100 (SC);

    1127 A.P.R. 100

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Temp. Cite: [2015] N.S.R.(2d) TBEd. MR.019

The Director of Public Safety (applicant) v. Joseph Lee (respondent)

(Hfx. No. 434983; 2015 NSSC 71)

Indexed As: Director of Public Safety (N.S.) v. Lee

Nova Scotia Supreme Court

LeBlanc, J.

March 5, 2015.

Summary:

The Director of Public Safety applied for a cyberbullying prevention order against Lee under s. 26D(1) of the Safer Communities and Neighbourhoods Act.

The Nova Scotia Supreme Court granted the order requested.

Telecommunications - Topic 3603

Internet (World Wide Web) - Cyberbulling - What constitutes - The Director of Public Safety applied for a cyberbullying prevention order against Lee (Safer Communities and Neighbourhoods Act (SCNA), s. 26D(1)) - The Director claimed that there had been a progression of online abuse through email and social media directed at Lee's sister following the death of their mother - The sister was the sole beneficiary under the mother's will - The Nova Scotia Supreme Court reviewed Lee's actions and was satisfied on a balance of probabilities that his actions constituted cyberbullying under s. 2(1)(ba) of the SCNA - Lee repeatedly sent messages and made posts that he either intended or reasonably ought to have expected to cause fear, intimidation, humiliation, distress or other damage or harm to his sister's health, emotional well-being, self-esteem and reputation - Regardless of the merits of Lee's concerns about his mother's will, they did not justify his actions - The court granted the order requested.

Telecommunications - Topic 3606

Internet (World Wide Web) - Cyberbulling - Protection or prevention orders - When available - [See Telecommunications - Topic 3603 ].

Cases Noticed:

R. v. C.L. (2014), 350 N.S.R.(2d) 111; 1105 A.P.R. 111; 2014 NSPC 79, refd to. [para. 27].

R. v. Avery (C.D.) (2014), 346 N.S.R.(2d) 399; 1095 A.P.R. 399; 2014 NSPC 40, refd to. [para. 28].

Statutes Noticed:

Cyber-safety Act, S.N.S. 2013, c. 2, sect. 2, sect. 3(1)(b) [para. 21].

Safer Communities and Neighbourhoods Act, S.N.S. 2006, c. 6, sect. 2(1)(ba) [para. 21]; sect. 26A(1) [para. 23]; sect. 26D(1) [para. 26].

Authors and Works Noticed:

Hansard (Nova Scotia) - see Nova Scotia, Hansard, Legislative Assembly.

MacKay, A. Wayne, Respectful and Responsible Relationships: There's No App for That - see Nova Scotia Task Force on Bullying and Cyberbullying.

Nova Scotia, Hansard, Legislative Assembly, 61st Leg., 5th Sess. (April 26, 2013), pp. 1482 to 1484 [para. 20].

Nova Scotia Task Force on Bullying and Cyberbullying, Respectful and Responsible Relationships: There's No App for That, by A. Wayne MacKay, p. 84 [para. 19].

Counsel:

Angela Jones, for the applicant;

Joseph Lee, self-represented, did not appear.

This application was heard in Halifax, N.S., on February 3, 2015, before LeBlanc, J., of the Nova Scotia Supreme Court, who delivered the following decision on March 5, 2015.

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