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Minding The Gap: Why Or How Nova Scotia Should Enact A New Cyber-Safety Act - Case Comment On Crouch V. Snell, Jennifer Taylor

Canadian Journal of Law and Technology

Nova Scotia’s Cyber-safety Act was meant to fill a gap in the law. Where criminal charges and civil claims like defamation were unavailable or undesirable, the Act, it was hoped, would contain a substantive definition of cyberbullying, set out when it was actionable, and provide procedures for victims to obtain remedies. But the statute that was ultimately passed was too blunt a tool to address the problem, from both a substantive and a procedural perspective.

That helps explain why Justice McDougall of the Supreme Court of Nova Scotia struck down the entire statute as unconstitutional, in the recent case of …