Cyberbullying and Plaintiff Anonymity Discussed by the Supreme Court of Canada
Occasionally Canadian Courts make exceptions to the open court principle and allow litigants to sue under a pseudonym and further place publication bans in place. Reasons for judgement were released today by the Supreme Court of Canada grappling with these issues in the context of a ‘cyberbullying‘ lawsuit involving an infant plaintiff.
In today’s decision (AB v. Bragg Communications Inc.) the Plaintiff, a 15 year old girl, found someone ” had posted a Facebook profile using her picture, a slightly modified version of her name, and other particulars identifying her. Accompanying the picture was some unflattering commentary about the girl’s appearance along with sexually explicit references.”. She commenced legal proceedings seeking to uncover the identity of the person who posted this. She further sought to do so anonymously and asked for the protection of a publication ban. In a unanimous decision the Supreme Court of Canada held that Plaintiff anonymity was appropriate in these circumstances but that a publication ban beyond information which could identify the Plaintiff was not warranted. Justice Abella provided the following reasons:
 In the context of sexual assault, this Court has already recognized that protecting a victim’s privacy encourages reporting: Canadian Newspapers Co. v. Canada (Attorney General),  2 S.C.R. 122. It does not take much of an analytical leap to conclude that the likelihood of a child protecting himself or herself from bullying will be greatly enhanced if the protection can be sought anonymously. As the Kids Help Phone factum constructively notes (at para. 16), protecting children’s anonymity could help ensure that they will seek therapeutic assistance and other remedies, including legal remedies where appropriate. In particular, “[w]hile media publicity is likely to have a negative effect on all victims, there is evidence to be particularly concerned about child victims. . . . Child victims need to be able to trust that their privacy will be protected as much as possible by those whom they have turned to for help”: Lisa M. Jones, David Finkelhor and Jessica Beckwith, “Protecting victims’ identities in press coverage of child victimization” (2010), 11Journalism 347, at pp. 349-50.
 Studies have confirmed that allowing the names of child victims and other identifying information to appear in the media can exacerbate trauma, complicate recovery, discourage future disclosures, and inhibit cooperation with authorities. (See e.g., UNICEF Innocenti Research Centre, Child Safety Online: Global challenges and strategies (2011), at pp. 15–16; and R. v. D.H., 2002 BCPC 464 (Can LII), at para. 8).
 If we value the right of children to protect themselves from bullying, cyber or otherwise, if common sense and the evidence persuade us that young victims of sexualized bullying are particularly vulnerable to the harms of revictimization upon publication, and if we accept that the right to protection will disappear for most children without the further protection of anonymity, we are compellingly drawn in this case to allowing A.B.’s anonymous legal pursuit of the identity of her cyberbully. ..
 The acknowledgment of the relative unimportance of the identity of a sexual assault victim is a complete answer to the argument that the non-disclosure of the identity of a young victim of online sexualized bullying is harmful to the exercise of press freedom or the open courts principle. Canadian Newspapers clearly establishes that the benefits of protecting such victims through anonymity outweigh the risk to the open court principle.
 On the other hand, as in Canadian Newspapers, once A.B.’s identity is protected through her right to proceed anonymously, there seems to me to be little justification for a publication ban on the non-identifying content of the fake Facebook profile. If the non-identifying information is made public, there is no harmful impact since the information cannot be connected to A.B. The public’s right to open courts and press freedom therefore prevail with respect to the non-identifying Facebook content.
 I would allow the appeal in part to permit A.B. to proceed anonymously in her application for an order requiring Eastlink to disclose the identity of the relevant IP user(s). I would, however, not impose a publication ban on that part of the fake Facebook profile that contains no identifying information.
AB v. Bragg Communications Inc., Anonymity, bc injury law, Cyberbullying, open court principle
here are the findings
I simply want to say I am new to blogs and certainly loved your blog. Very likely I’m planning to bookmark your blog post . You actually have outstanding posts. Bless you for revealing your website.
Very great post. I just stumbled upon your weblog and wished to mention that I’ve really enjoyed browsing your weblog posts. After all I’ll be subscribing to your feed and I hope you write once more very soon!
My brother recommended I might like this website. He was totally right. This post truly made my day. You can not imagine simply how much time I had spent for this info! Thanks!
Sweet blog! I found it while browsing on Yahoo News. Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Thank you
I have been absent for some time, but now I remember why I used to love this blog. Thank you, I’ll try and check back more frequently. How frequently you update your web site?
venta por catalogo
Greetings! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!
I am continuously browsing online for posts that can benefit me. Thank you!
Heya i am for the first time here. I came across this board and I find It really useful & it helped me out much. I hope to give something back and help others like you helped me.
Very interesting information!Perfect just what I was searching for!
Magnificent web site. Plenty of useful information here. I am sending it to a few buddies ans additionally sharing in delicious. And of course, thanks in your sweat!
marcel van hooijdonk
One more thing. I think that there are several travel insurance web sites of reliable companies that allow you to enter your journey details and have you the quotes. You can also purchase the international holiday insurance policy on internet by using your current credit card. Everything you should do would be to enter your own travel specifics and you can start to see the plans side-by-side. Only find the plan that suits your capacity to pay and needs and then use your credit card to buy it. Travel insurance on the web is a good way to check for a respectable company to get international travel insurance. Thanks for revealing your ideas.
Pretty great post. I just stumbled upon your weblog and wanted to mention that I’ve really enjoyed browsing your weblog posts. In any case I’ll be subscribing in your rss feed and I hope you write once more very soon!
obviously like your web-site but you need to check the spelling on several of your posts. Many of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I will certainly come back again.
San Diego Startup
I’d must examine with you here. Which is not something I normally do! I get pleasure from studying a submit that can make individuals think. Additionally, thanks for allowing me to remark!
agen poker online
My spouse and i have been so relieved when Raymond could do his basic research by way of the precious recommendations he was given in your web pages. It is now and again perplexing just to be freely giving information that other folks could have been selling. We really do know we need the blog owner to be grateful to for that. The main explanations you have made, the simple website menu, the friendships you can make it possible to engender – it’s many incredible, and it’s aiding our son and the family reckon that that theme is enjoyable, which is exceedingly indispensable. Thanks for everything!
location de vehicule paris
Furthermore, i believe that mesothelioma is a scarce form of many forms of cancer that is usually found in those previously exposed to asbestos. Cancerous cells form while in the mesothelium, which is a safety lining which covers many of the body’s areas. These cells generally form from the lining on the lungs, abdomen, or the sac which actually encircles one’s heart. Thanks for revealing your ideas.
situs poker online
Pretty portion of content. I simply stumbled upon your weblog and in accession capital to assert that I get in fact enjoyed account your blog posts. Any way I will be subscribing on your feeds or even I achievement you get entry to constantly quickly.
Excellent goods from you, man. I have understand your stuff previous to and you are just extremely wonderful. I actually like what you’ve acquired here, certainly like what you are stating and the way in which you say it. You make it entertaining and you still care for to keep it wise. I cant wait to read far more from you. This is actually a wonderful web site.
You have noted very interesting points! ps nice website.
Hi, i feel that i noticed you visited my site thus i came to “return the prefer”.I am trying to find issues to improve my site!I assume its adequate to make use of a few of your ideas!!
I’m usually to running a blog and i really appreciate your content. The article has really peaks my interest. I’m going to bookmark your site and preserve checking for brand spanking new information.
Some genuinely quality posts on this internet site , saved to favorites .
Hi there just wanted to give you a quick heads up. The text in your article seem to be running off the screen in Internet explorer. I’m not sure if this is a format issue or something to do with browser compatibility but I figured I’d post to let you know. The design look great though! Hope you get the issue resolved soon. Cheers
Top Porn Sites List
Kept in sent gave feel will oh it we. Has pleasure procured men laughing shutters nay. Old insipidity motionless continuing law shy partiality. Depending acuteness dependent eat use dejection. Unpleasing astonished discovered not nor shy. Morning hearted now met yet beloved evening. Has and upon his last here must.
One important issue is that while you are searching for a student loan you may find that you will want a cosigner. There are many circumstances where this is correct because you will find that you do not have a past history of credit so the financial institution will require that you’ve someone cosign the loan for you. Thanks for your post.
затворы sung do
I’m still learning from you, as I’m making my way to the top as well. I certainly love reading all that is posted on your site.Keep the stories coming. I loved it!
Another issue is that video gaming became one of the all-time biggest forms of fun for people of every age group. Kids engage in video games, plus adults do, too. The XBox 360 is amongst the favorite games systems for individuals that love to have a lot of video games available to them, as well as who like to relax and play live with people all over the world. Thanks for sharing your ideas.
Onine Marketing Manager Wien
Social Media Marketing Wien
I will right away snatch your rss feed as I can’t to find your email subscription link or newsletter service. Do you’ve any? Please let me recognize so that I may just subscribe. Thanks.
You have brought up a very superb details , thankyou for the post.
lifeguard classes near me
I have been examinating out some of your stories and i can claim nice stuff. I will surely bookmark your site.
Enjoyed reading through this, very good stuff, appreciate it. “Talk sense to a fool and he calls you foolish.” by Euripides.
Really enjoyed this blog post, how can I make is so that I get an alert email when there is a new post?
I’m extremely impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the nice quality writing, it is rare to see a great blog like this one today..
Fascinating blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your design. Thank you
As a Newbie, I am continuously exploring online for articles that can help me. Thank you
Enjoyed looking through this, very good stuff, appreciate it. “If it was an overnight success, it was one long, hard, sleepless night.” by Dicky Barrett.
where can i watch game of thrones
Hi would you mind stating which blog platform you’re using? I’m going to start my own blog in the near future but I’m having a difficult time choosing between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S Apologies for being off-topic but I had to ask!
It¡¦s really a cool and useful piece of info. I¡¦m glad that you shared this useful information with us. Please stay us up to date like this. Thanks for sharing.
Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such fantastic information being shared freely out there.
Praca Opieka Niemcy Oferty
I like this blog so much, bookmarked. “To hold a pen is to be at war.” by Francois Marie Arouet Voltaire.
I just could not depart your site before suggesting that I really enjoyed the standard information a person provide for your visitors? Is gonna be back often in order to check up on new posts
Thank you so much for providing individuals with an extremely brilliant possiblity to check tips from this blog. It can be very useful and as well , jam-packed with amusement for me personally and my office mates to visit your site more than 3 times in a week to learn the newest guides you have. Of course, we are usually fulfilled concerning the attractive tips and hints you give. Certain 3 tips in this posting are definitely the very best we have had.
I’m usually to blogging and i really recognize your content. The article has actually peaks my interest. I’m going to bookmark your website and preserve checking for new information.
I’m impressed, I must say. Actually hardly ever do I encounter a weblog that’s each educative and entertaining, and let me let you know, you may have hit the nail on the head. Your concept is excellent; the difficulty is something that not sufficient individuals are talking intelligently about. I’m very happy that I stumbled throughout this in my seek for something relating to this.
Some really nice and utilitarian information on this website, besides I conceive the design has got fantastic features.
custom alnico magnets
It’s in reality a nice and useful piece of info. I’m satisfied that you simply shared this useful information with us. Please keep us up to date like this. Thank you for sharing.
Sites of interest we have a link to.
Very interesting information!Perfect just what I was looking for! “The only gift is a portion of thyself.” by Ralph Waldo Emerson.
Hiya, I’m really glad I’ve found this info. Today bloggers publish only about gossips and net and this is really irritating. A good web site with interesting content, that’s what I need. Thank you for keeping this web site, I will be visiting it. Do you do newsletters? Cant find it.
Very nice post. I just stumbled upon your weblog and wished to say that I’ve really enjoyed browsing your blog posts. In any case I will be subscribing to your rss feed and I hope you write again very soon!
Wow, awesome blog structure! How long have you been running a blog for? you make running a blog glance easy. The entire look of your web site is magnificent, as smartly as the content!
Serwis Internetowy Gorzow
Dead indited content, Really enjoyed looking at.
Really enjoyed this blog post, can I set it up so I get an update sent in an email every time you publish a fresh post?
obat kuat alami
Hey there! This is kind of off topic but I need some advice from an established blog. Is it tough to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about making my own but I’m not sure where to begin. Do you have any tips or suggestions? Many thanks
I’ve read some good stuff here. Certainly worth bookmarking for revisiting. I surprise how much effort you put to create such a wonderful informative web site.
Comments are closed.