Facebook & the Law...




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It is no secret that teenagers have come to rely on Facebook, Twitter and Instagram to document every aspect of their lives. It is easy to get lost in the online world of social media and think that because you’ve set your profile to “private”, what you post online will have no repercussions. This blog post will outline some of the possible consequences of documenting too much of your information through social media.

It has become increasingly known that many employers do a Facebook search of their potential employees before they even have a chance to introduce themselves. In most cases, these searches will turn employers away from the candidate before even interviewing them. However, what is not as well known is the fact that universities do the same. According to a Kaplan Test Prep survey from 2011, 24% of college admission officers in the United States admitted to using social networks such as Facebook to learn more about their candidates (Schaffer and Wong). 

What is perhaps more important to know is that even if you’ve set your profile to “private”, Facebook reserves the right to “access, preserve and share information when [they] have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity” (Facebook), as outlined in their privacy policy. This means that what you post online can and will be used against you if you are suspected of committing a crime. We need only look at the recent arrest of 18-year-old Jacob Cox-Brown to realize the repercussions of some status updates: Jacob, who hit two cars while driving under the influence and fled the scene, proceeded to post about it on Facebook: “Drivin drunk... classic ;) but to whoever’s vehicle i hit i am sorry. :P” (qtd. in Gorrow). A few of his “friends” contacted the local police, who until then had no leads on the perpetrator of the hit-and-run. While the Facebook evidence was not enough to convict Jacob of drunk driving, they were able to match the car registered to Jacob’s name to the damage done at the hit-and-run scene. Consequently, Jacob was charged with “failure to perform the duties of a driver” (Gorrow).

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Another, more surprising example of Facebook information use by the government is the story of Paula Asher. Paula is an 18-year-old girl who landed in jail for refusing to take down her Facebook page after she posted prior to her court date: “My dumbass got a DUI and hit a car LOL” (qtd. in Ashe), which the judge was not very pleased with.

Facebook information is also often used local high schools when problems in a school arise. Students in Ontario who use Facebook as a means to bully students in their schools can be suspended or in some cases expelled. The Education Act states in s. 306 (1)(6) that a principal must consider suspending you if you bully someone. S. 310(1)(6) of the Education Act goes on to state that a principal must consider expelling you:
a)  if your bullying is motivated by bias (i.e. race, ethnicity, nationality, sexuality, disability or more) OR
b) previously have been suspended for bullying and create an unsafe risk to the safety of another student. 

Posting hurtful comments on Facebook about other students at your school qualifies as an act that will impact the school climate regardless of whether you posted these comments off school property or out of school hours. It is easy for this information to come to the attention of the school administration; your posts can be printed by any of your friends or by the person who your comments may be directed too.  Any posts on Facebook that are threatening or point to a pattern of harassment or other criminal activity can be used as evidence in court for criminal charges or civil law suits. 

As these and many other stories show, it is important to know where your information is stored, for how long, and most importantly, who can access it. As a press release from Astoria police read, “When you post [...] on Facebook, you have to figure that it is not going to stay private long” (qtd. in Gorrow).

References

Ashe, Dru. “Teenage Girl Sent to Jail After Posting About Her DUI Charge on Facebook.” Complex Tech. 20 September 2012. Web. http://www.complex.com/tech/2012/09/girl-ends-up-in-jail-over-facebook-status-of-her-dui-charge. Accessed 17 January 2013

Facebook. “Data Use Policy: Some other things you need to know.” Facebook. 11 December 2012. Web.  https://www.facebook.com/about/privacy/other. Accessed 17 January 2013

Gorrow, Chelsea. “Facebook post lands Astoria man in jail.” The Daily Astorian. 4 January 2013. Web. http://www.dailyastorian.com/free/facebook-post-lands-astoria-man-in-jail/article_f7f0ddf6-55d6-11e2-b3d7-0019bb2963f4.html. Accessed 17 January 2013

This scenario was written by Naiara Toker, a volunteer on JFCY's PLE team. All legal content was reviewed by a JFCY lawyer. 

Consequences for Skipping School and Dropping Out

Walter is currently 15 years old and is just finishing up Grade 10, his second year of high school. He dreams to become a chef one day, and so he currently holds a part-time position working after school at Yummy Patties; a local burger joint where he flips burgers and makes some much needed cash. He finds his job very rewarding because he works with some great people, has a very understanding manager, and sees this opportunity as a building block in his aspiration to own a restaurant in the future.

When it comes to his academics, Walter is not doing so well. He dislikes the subjects he is currently taking because he does not find the courses applicable to his daily life. He enjoys the independence that comes with working part-time; he does not need to ask his parents for an allowance and he feels “all grown up” because people are much older than he is at his workplace.

After much deliberation, Walter decides that he wants to drop out of high school because he sees no benefit in staying in school. To him, a full-time job at Yummy Patties is more realistic as it will give him the motivation to move up the hierarchy of the corporation.

Is it legal for Walter to drop out of school at his current age? What are the repercussions?    

There is a statute in Ontario, called the Education Act, which covers all issues related to education.  According to s.21 (1) of the Education Act (below) everyone over the age of six must attend school until they graduate or reach age 18:

Section 21(1) Unless excused under this section,

(a) every person who attains the age of six years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years; and

(b) every person who attains the age of six years after the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which the person attains the age of 18 years

Walter is under 15 years old and he can actually be charged with an offence under the Provincial Offences Act and made to attend court for skipping or "being habitually absent" from school, see section 30 (5) of the Education Act below:

Section 30 (5): A person who is required by law to attend school and who refuses to attend or who is habitually absent from school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section.

Walter’s parents can be charged too.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200. See section 30 (1) of the Education Act below:

Section 30 (1): A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200

Not only that Walter's employer Yummy Patties could also be charged for employing Walter during school hours. He could be asked to pay a fine for up to $200. See section 30(3) of the Education Act below:
Section 30(3): Anyone who employs during school hours a person required to attend school under section 21 is, unless the person is sixteen years or older, guilty of an offence and on conviction is liable to a fine of not more than $200.

In 2006, Ontario introduced Bill 52, "The Learning to Age 18 Act", an act to amend the Education Act, which stated that changed the laws related to penalties for being out of school so that they applied to youth until the age of eighteen. However, while this bill was successfully passed in the Legislature it has not been made law.

If this is something that Walter really wants to do and he waits until he is 16 or 17 before he drops out of school, then he is technically breaking the law however, at this age neither Walter, his employer or his parents will be charged with an offence. 

This blog scenario was written by Georjo Tabucan. The legal content of this blog post was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY through her law schools Pro Bono Students Canada program. All legal content was reviewed by a JFCY staff lawyer.

Break and Enter

During a cold winter night closer to Christmas, a group of 18 year olds—Alan, Chris, Kyle and Jason—were hanging around the park where they noticed a van pull out of the driveway across the street filled with luggage sets. In curiosity, the group approached a dark non-lit house and rang the doorbell. No answer. They tried to peek into the window and noticed a large Christmas tree surrounded by large presents. “Maybe this family left for a vacation…no one’s around…” the boys assumed.

The next day, the boys came back to the same house in the afternoon and watched as the neighbours pass by the house. “Let’s come back tonight and see if the van is parked in the driveway,” Kyle commanded. Later that night, approximately 11pm, the boys approached the house and still noticed that the driveway was empty and the house remained unlit. Filled with excitement, Kyle guaranteed the rest of his friends without a doubt that the family who owns the house is on vacation. Kyle, then, gathered around his friends Alan, Chris and Jason suggesting to break into the house and steal the presents. 

At 3AM, Chris drove his white van and pulled into the driveway along with Jason, Kyle and Alan who wore dark clothing and masks. Kyle rang the doorbell one more time to make sure that no one was home… no answer. All 4 boys, then, went to the backyard and threw a piece of stone to break the glass window. As they broke in, they took all the presents under the Christmas tree and also a laptop that was left in the living room. They ran out through the front door with all the things they found, hopped into the van, and drove away.

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What are the legal ramifications of this scenario? 

In Canada, the crime of burglary is referred to as “breaking and entering" or "B&E”. All four boys can be charged with the offence of break and enter under s.348 of the Criminal Code of Canada. The offence of break and enter encompasses situations where the accused was or attempted to trespass on private property with an intent to commit an offence or actually committed the offence. Break and enter does not require any damage to the property entered. All that is required is any entrance into the property by even a part of one's body (s.350 of the Criminal Code of Canada). The key evidence for a conviction of such an offence is circumstantial. For this reason, the identity of those charged as well as evidence of possession of the stolen items are often important indicators. If there was a neighbor or third party on the street who saw these boys, or if a parent, friend, sibling finds the stolen goods or if one of the boys involved comes forward, it is probable that the boys will be charged based on this evidence.

Importantly, if you are charged with a crime after you turn 18, the YCJA is no longer applicable and you will be charged under the Criminal Code of Canada. These four boys are over 17 years old, and will be charged under the Criminal Code of Canada.

Legislation: Criminal Code of Canada

348. (1) Every one who

(a) breaks and enters a place with intent to commit an indictable offence therein,

(b) breaks and enters a place and commits an indictable offence therein, or

(c) breaks out of a place after

(i) committing an indictable offence therein, or

(ii) entering the place with intent to commit an indictable offence therein, is guilty

(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

350. For the purposes of sections 348 and 349,

(a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

(b) a person shall be deemed to have broken and entered if

(i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

(ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

This blog scenario was written by Karen Jacobe, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.