#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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#CyberFLASH: C-51 sees charter challenge from civil liberties, press freedom advocates

Bill C51 Protest 20150314Two groups say they plan to launch a charter challenge today against sections of the controversial Anti-Terrorism Act, also known as Bill C-51.

In a joint statement, both the Canadian Civil Liberties Association and Canadian Journalists for Free Expression say sections of Bill C-51 violate the Canadian Charter of Rights and Freedoms “in a manner that is not justified in a free and democratic society.”

Bill C-51 gives the Canadian Security Intelligence Service more power to thwart suspected terrorist plots — not just gather information about them.

It also increases the exchange of federal security information, broadens no-fly list powers and creates a new criminal offence of encouraging someone to carry out a terrorist attack.

The bill also makes it easier for the RCMP to obtain a peace bond to restrict the movements of suspects and extend the amount of time they can be kept in preventative detention.

The challenge will be filed with the Ontario Superior Court.

“Bill C-51 is a grave threat to our rights in Canada. It will lead to censorship and a massive chill on free expression, and enables a potentially widespread abuse of power,” said CJFE executive director Tom Henheffer in a news release.

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