The short
answer is yes, in Canada it could be a crime. However, law
enforcement is difficult on the
Internet. In comparison to other crimes committed in the
non-cyber world, the Internet is a different environment of speed and
audience. Defining jurisdiction is difficult, as is confirming
the
identity of the perpetrator.
On February
15, 2001, in partnership with the RCMP,
Industry Minister, Brian Tobin, released the Government of
Canada's new strategy
to promote safe, wise and responsible Internet
use. It contained a clear statement that if it is
illegal off
line
then it is illegal online. Intellectual property and copyright
law would be respected and where necessary changes would be made to the
Criminal Code. A consequence of this was the introduction of an
amendment regarding luring of children on the Internet in Bill C15,
which was passed in 2002. 13
The RCMP continues to
work with agencies in
other countries to determine how to co-operate internationally to
ensure laws are enforced.14
Internet Service Providers (ISPs)provide
Internet access for consumers. Most ISPs have Acceptable Use
Policies (AUPs) that outline guidelines for use of the service and the
consquences of violating this policy. In 1996 the Canadian
Association of Internet Providers (CAIP)
was formed. Most ISPs are members of the association and
have agreed to a self-regulating
Code of Conduct to co-operate with law enforcement on issues such as
illegal and harmful content.
Some forms
of online bullying are illegal under the Criminal Code of
Canada. It is a crime to communicate repeatedly with
someone
to cause fear.
It could be
argued that some cases of online bullying could be identified as
"defamatory libel" if material is published that is designed to insult
a person or damage a person's reputation by exposure to hatred,
contempt or ridicule. Internationally cases regarding actions for
libel based on e-mail have had mixed results in the UK, Australia and
the US. To date, Canada has had no court decisions regarding
cyber libel. 15
Online
bullying may also violate the Canadian Human Rights Act if it is
identified as a hate crime. This would include spreading hate or
discrimination based, on race, national or ethnic origin, colour,
religion, age, sex, sexual orientation, marital status, family status
or disability. The Canadian
Human Rights Tribunal applies the
principles to cases referred to it by the Canadian Human Rights
Commission. In January 2002 the Tribunal, in a landmark
case, ruled in a human rights compliant involving an Internet
racist hate site. The person exercising effective control of the
site was found guilty of contravening section 13 of the Canadian Human
Rights Act.16