#CyberFLASH: Halifax Lawyer To Launch Charter Case Challenge Of Cyber-Safety Act

Digital Life Tech Tips Double Layer PasswordsA Halifax lawyer is getting ready to challenge the Cyber-Safety Act in a Nova Scotia courtroom next week.

David Fraser, an Internet privacy lawyer with McInnes Cooper in Halifax says the law violates a Canadians freedom of expression as guaranteed by the Charter of Rights and Freedoms.

“The law is so broad that it includes anything that is done electronically that could hurt somebody’s self-esteem, that could harm their reputation and it doesn’t matter whether it’s true or not,” Fraser said.

Fraser is currently representing a client who is being charged under the Cyber-Safety Act after posting on social media about a former business partner.

The business partner alleged cyber bullying and obtained a Cyber-Safety order from a justice of the peace. Fraser says his client’s actions are not cyber bullying under the legislation and the order should never have been issued in the first place.

Act “jammed” through legislature

“We’re also arguing that the cyber bullying legislation, if it’s applied in a case like this, is actually not constitutional. it’s contrary to the freedom of expression guaranteed in the charter that allows you to say whatever you want to say, subject to reasonable limitations imposed by law.”

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