LGBT Rights in Ontario Schools

Scenario:

Mark is a 17 year old student who attends a co-educational high school. Having ‘come-out’ to his school about his sexual orientation, he takes pride in being gay. Yet life hasn’t been so easy for him. Constantly teased by his peers, he feels ostracized by former friends and shunned by his classmates. One day, he finds his locker vandalized and covered in insults. To make matters worse, one of his teachers strongly urges Mark to keep quiet on his identity in order to prevent the escalating reactions. Finding support neither from peers nor a trusted teacher, Mark grows increasingly insecure.

What are Mark’s rights? What can he do?

The rights of LGBT (Lesbian, Gay, Bisexual, Transgender) Canadians are well protected under the Ontario Human Rights Code, as well as under Section 15 of the Canadian Charter of Rights and Freedoms. 

Recently, in June 2012, the Ontario government introduced anti-bullying legislation, known as Bill 13 or the Accepting Schools Acts 2012 that addresses bullying in publicly funded schools. This law came into force in September 2012 and is now valid and enforceable. The Act creates legal obligations for school boards and schools to prevent bullying, issue tougher consequences for bullying, and support students who want to promote understanding and respect for all. The preamble of the law recognizes that:

“[E]veryone — government, educators, school staff, parents, students and the wider community — has a role to play in creating a positive school climate and preventing inappropriate behaviour, such as bullying, sexual assault, gender-based violence and incidents based on homophobia, transphobia or biphobia”

This Act requires all school boards to support students who want to lead activities or organizations that promote the awareness and understanding of and respect for people of all sexual orientations and gender identities, including organizations with the name gay-straight alliance or another name. One important part of the law is that all schools must now allow students to form Gay-Straight-Alliances (GSAs). These groups are geared towards fighting homophobia in schools. They offer support to students who may be dealing with issues and challenges related to their sexual and/or gender identity.

Mark shouldn’t feel as if he can’t express himself. He could go speak to the Principal of his school, another teacher, his parents or someone he trusts. He has rights that should be protected and under the new Accepting Schools Act, must be protected. All students have the right to feel safe and supported in school.

For more information on Bill 13, the Accepting Schools Act: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2549

If you have specific legal questions relating to bullying, please contact JFCY at 416.920.1633

If you are a victim of bullying and need support, check out some of these organizations:

•   Kids Help Phone: www.kidshelpphone.ca 1 800 668 6868

•   LGBT Youth line: www.youthline.ca 1.800.268.9688 

•   Bullying Canada: http://www.bullyingcanada.ca/content/239672 1-877-352-4497  

For more on Gay-Straight Alliances (GSA): http://mygsa.ca

If you want to find out more about bullying and how you can help raise awareness and 

prevent bullying, you can look at some of these websites:

•   Web Aware on www.bewebaware.ca

•   Canadian Safe Schools Network on www.canadiansafeschools.com

•   http://www.definetheline.ca/

•   www.bullying.org

•   www.wiredsafety.org 

•   www.stopcyberbullying.org

The scenario for this post was written by Cydney Kim a JFCY volunteer on the PLE Team.  Cydney is in grade 12 at University of Toronto Schools. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

The Supreme Court of Canada Combats Cyber-Bullying

In September of 2012, Canada’s top court, the Supreme Court of Canada, struck a blow to cyber-bullies in a case called AB v Bragg Communications Inc, 2012 SCC 46.

Background

The rise of social media platforms has had a drastic impact on the way people communicate. Facebook, the social media market leader, now has roughly 1 billion users. That’s right; almost 1 in 7 people around the world are on Facebook. When used properly, websites like Facebook can have a positive impact on a user’s life. However, these websites can also be a very dangerous tool.

Cyber-bullying (the use of the internet to degrade another person) is becoming increasingly common. Bullies can now hide behind the veil of the Internet to harm their victims in a way that was previously not possible without the help of technology. Social science evidence has shown that cyber-bullying is linked to significant psychological harm in underage victims. As a result of this harm, victims of cyber-bullying are at an increased risk of dropping out of school and, in extreme cases, committing suicide.

The evidence also indicates that these unfortunate outcomes can be avoided if victims are allowed to anonymously report cyber-bullying incidents.

The Supreme Court Decision

In the case of AB v Bragg Communications Inc., the Supreme Court of Canada decided that victims of cyber-bullying have the right to pursue their attackers without disclosing their identity. In other words, victims of cyber-bullying can take legal action against bullies without having to reveal who they are. This was a difficult decision for the Supreme Court to make because it had to balance the interests of the victim against the freedom of the press and society’s interest in having an open, transparent court process.

In AB v Bragg Communications Inc., a fake Facebook profile was set up containing hurtful commentary and sexualized images of a 15-year-old girl. With the help of her father, the girl commenced a defamation lawsuit against her attackers. Defamation actions are intended to protect the reputation of individuals from unwarranted attack. The girl also applied to the court for an order protecting her identity throughout the legal proceedings.

The Supreme Court found that society’s interest in finding out the identity of cyber-bullying victims is not very important, especially when compared to the extremely important desire to encourage victims of cyber-bullying to report their attackers. The court therefore decided to ban the publication of any information that would uncover the victim’s identity.

The Supreme Court’s decision is an important step toward combatting cyber-bullying. 

If you or someone you know is being bullied, tell someone you trust right away, even though this can be very difficult to do. You can also call Kids Help Phone at 1-800-668-6868 for more help in dealing with bullying.

Remember that legal action against bullies is an extreme step to take. Working together with school officials, parents and your peers to solve the problem is probably the best approach. Legal action should only be used as a last resort.

There are people out there – including Canada’s top court – that are on your side and here to help.

To read the case, click here.

This post was written by Brendan Stevens, a law student at the University of Toronto. Brendan is a volunteer on JFCY's PLE Team. Content reviewed by a JFCY lawyer. 

JFCY celebrates National Volunteer Week!

Thank you to JFCY's many volunteers including committee members, board members, admin support and, of course, the PLE TEAM.

JFCY would especially like to thank U of T law student LEORA JACKSON, a volunteer through Pro Bono Students Canada (PBSC).  Leora worked very closely with the PLE Team from September 2011 until April 2012.  She organized meetings, managed our group of fabulous volunteers, wrote the legal content for our blog posts and edited the Bullying Zine.

Leora's PBSC placement is now over. She will be working at Downtown Legal Services for the summer and then starting her second year of law school in September.

JFCY thanks Leora for her amazing work and fabulous contributions during the past eight months!

BULLYING ZINE

Just in time for the Day of Pink, the JFCY PLE Team has released its Bullying Zine. Click here to read it!

This zine has articles and info on many topics relating to bullying, as well as comics and other graphics. It was directed and edited by Leora Jackson, a U of T law student who volunteered at JFCY this year as part of Pro Bono Students Canada.

The content in the zine was written by the following PLE Team volunteers: Terence Chen, Tracy Chen, Arif Hussain, Marsha Rampersaud, Cydney Kim, Deby Ko, and Inez Leutenegger. The legal info was reviewed by JFCY staff lawyers.

Members of the PLE Team will be handing out copies today at Dundas Square, as part of the Day of Pink, the International Day Against Bullying, Discrimination, Transphobia and Homophobia in schools and communities.

For your own copy, and to distribute to your class, community group or friends, click here.

Day of Pink is April 11- nearly here!

We've all been witness to it before, whether in school, at the workplace or in our communities.  Bullying has either been directed towards us, surrounded us, or we ourselves may have engaged in bullying behaviour before. Bullying can include verbal harassment, physical assault or emotional abuse.  It can be based on race, religion, gender, or sexuality - or simply a difference in power between two people. There have been many attempts in recent years to bring more awareness to bullying on every level and discuss how we can bring it to an end.  One of these initiatives is the International Day of Pink, a phenomenon started by two teenage boys in Nova Scotia.

The International Day of Pink takes place every year on the second Wednesday of April, a day where national and international communities can celebrate diversity and raise awareness for the LGBT community and combat all forms of bullying. This year, on April 11th, 2012 Day of Pink encourages people to wear the colour pink to remind communities that coming together to support their peers can make a difference.

An important question to answer is: How did Day of Pink begin? In 2007, a Grade 9 boy at Central Kings Rural High school in Cambridge, Nova Scotia wore a pink polo shirt to school. He was mocked and harassed by bullies. He was physically threatened and called a homosexual for his choice of clothing. After hearing that a fellow schoolmate had been bullied, two Grade 12 students decided to take action. David Shepherd and Travis Price went to a local discount store and purchased 50 pink shirts to hand out and have other students wear the next day. They e-mailed friends to gain support for the anti-bullying cause that they, at the time, called 'sea of pink.'

The next day, hundreds of students came to school in pink.  Not a sound from the Grade 9 student's bullies was heard, which Shepherd says just goes to show what a little activism will do. "If you can get more people against them… to show that we're not going to put up with it and support each other, then they're not as big as a group as they think are," he says.

So why participate in Day of Pink? If you have ever experienced or witnessed discrimination or bullying of any kind, whether it be based on differences in race, religion, economic/social position, politics, or sexual orientation, you can participate in Day of Pink to celebrate diversity, encourage people to be open minded, accept differences, and knock down the barriers created by discrimination and bullying.

JFCY learned about the Day of Pink through the official Day of Pink website, where you can find out how to get involved yourself. If you think you could be the lead on the Day of Pink in your school, organization or community you can become an official Day of Pink Ambassador. Day of Pink Ambassadors are regional volunteers who act to spread the word about the Day of Pink, distribute resources and support local initiatives. Send an email to: Info@DayOfPink.org for more information and on how you can create activities in your community in support of Day of Pink!  You can also check out the official Day of Pink website to learn more.


JFCY's Public Legal Education (PLE) Team is planning to participate in the Day of Pink. Find us at Dundas Square from 3:30pm-5:30pm on April 11.  Team volunteers will be chatting with the public about our work, as well as handing out candy and bullying resources.  And, of course, we will be wearing pink!  So join us on April 11 at Yonge and Dundas in Toronto. 

Thanks to PLE Team members and JFCY volunteers for this post.  Inez Leutenegger wrote the text of the post, and Lucas Treleaven created the comic. Inez is a paralegal student and Lucas is in grade 11 at Monarch Park Secondary School. 

Responses to Bullying?

This is an opinion piece by JFCY volunteer Bianca Thomas.  It does not reflect the opinion or position of JFCY as a whole.


Currently, Canadian criminal law, as enshrined in the Criminal Code of Canada, does not include an offence for bullying. While certain types of bullying behaviour, such as harassment and uttering threats, can result in criminal charges, perhaps this is not enough of an effective control on bullying. Given the prevalence of bullying nowadays, some people suggest that it is time for Canada to create an offence for bullying specifically.

This past week, the Globe and Mail released an article saying that the majority of Canadians believe that bullying should be criminalized. According to an Angus Reid online survey, 65% of Canadians believe that bullying should be made a criminal offence, even if no physical violence is involved. Meanwhile, a majority of Canadians think that bullying is a pressing problem in middle school and high school (94%) and elementary school (88%). 

The Ontario government seems to be picking up on public sentiment regarding the issue as it has proposed the Accepting Schools Act. The Act provides for consequences for bullying including suspension pending expulsion, policies on bullying prevention and intervention, and school progress reports. 


One Opinion


While the Act might surely be a step in the right direction, perhaps it is not enough. There remains the problem of cyber-bullying, which according to one bullied student, is “really hard to fight…because you can’t put a face to that person.” Some believe that the best solution would be to criminalize bullying, as it could help discourage people from taking part in bullying behaviour, for fear of criminal penalty.

A Different Opinion


On the other hand, though, criminalizing bullying may be an overly drastic step.  If imprisonment is a potential punishment for bullying, this could lead to a rise in youth imprisonment rates. In any case, it would increase the number of youth involved in the criminal justice system.  This could increase chances of re-offending, instead of allowing youth to fix their behaviour and rehabilitate themselves. Many people would argue that there are better ways to address bullying than punishing it as a crime.  Causing children and youths to enter the criminal justice system at such a young age may already prejudice them early on in life. Such a thing is to be avoided at all costs.

What are your thoughts? Do you think bullying should be made a criminal offence? What are some other ways to address and prevent bullying?


Bianca Thomas, PLE Team member and JFCY volunteer, wrote this blog post. She is a law student at the University of Toronto.

School Fights: What can the consequences be?

Josh, 15, and Dave, 16, have never gotten along. No one knows exactly when their animosity towards one another began, but in Grade 11, everything got out of control. It started a couple months ago when Josh started dating Dave’s ex-girlfriend, Sam. Dave and his friends at school would taunt and tease Josh in the hallways and in the locker rooms where teachers weren’t around. Then, Dave spread rumours around the school that Josh had been cheating on Sam in order to get them to break up. Josh had had enough at that point, but he did not want to go to any teachers because he thought it would would just lead to more taunting and teasing by Dave and his friends. So, he decided to fight Dave. He figured if he won that fight, Dave and the other students would leave him alone. Dave agreed to fight and it was decided that the next day, Friday, at 4pm in the school parking lot, they would settle their dispute physically.

Fights on campus can lead to serious consequences at school.

By the time of the fight, the entire school had heard about it and a huge crowd had gathered to watch. Josh and Dave were at the centre of the crowd. In a split second, Dave punched Josh right in the face, leaving Josh on the pavement, bleeding. Moments after, the crowd began to flee. Teachers at the school saw the group of students outside and came out to see what was going on. The sight of teachers scared all the spectators away. Josh’s nose was bleeding, but the bleeding stopped quickly and he wasn’t hurt too badly. Both boys live with their parents, who were called to pick them up.

Dave and Josh’s fight happened on school property.  What kind of consequences could the boys face at school?

Some of the most serious consequences that a student can face for behaviour at school are suspensions and expulsions.  If a student is suspended, that means he or she can’t come to school for the time period of the suspension, which can be up to 20 days.  A suspension is also recorded in a student’s Ontario Student Record, so that even if someone transfers schools, the new school may know what happened.  Expulsions prevent students from attending school for at least four weeks, and it may mean that they cannot go to their own schools again afterwards.  In both suspensions and expulsions, students can’t participate in school-related activities, like sports team practices or clubs.

School Suspensions

Because Dave punched Josh in the face and bullied him before the fight, the principal will consider suspending Dave.  If Josh made threats to Dave before the fight about seriously hurting him, the principal may consider suspending Josh, too.  This is a situation where is a suspension is possible, but not required.  The law requires principals to suspend students in certain situations that happen at school or school-related activities; for example, when you physically hurt another person so that the other person needs medical attention.  Situations for mandatory suspensions are set out in Ontario’s Education Act, and school boards can also set guidelines for when suspensions are required in their board’s Code of Conduct.  Mandatory suspensions also have the potential to lead to an expulsion, so they can be very serious.

Mitigating Circumstances

When deciding whether to suspend Dave, the principal will have to consider “mitigating circumstances.”  These are reasons that the school might not suspend Dave even though he punched Josh and teased him.  Mitigating circumstances include issues like whether Dave was able to control his behaviour, whether he understood what would probably happen because of his behaviour, and whether his being at school would pose a risk to Josh’s or anyone else’s safety.  Other things can be considered too, like whether Dave has a disability or if he has had any problems at school in the past. 


Fairness

The school must act fairly towards Dave.  They must accommodate any disabilities he has, they must tell him what they are suspending him for, and they must give him a chance to tell his side of the story.  Since Dave is 16 and lives with his parents, they must also contact his parents to tell them about the suspension.  They must inform Dave and his parents of the suspension in writing, explaining why he is suspended and for how long, and telling him which suspended students program he has been assigned to (if he is suspended for more than 5 days).  They must also provide information about the right to appeal his suspension and who to contact with his appeal notice.  Once the suspension is over, Dave can begin to attend school again.

Appealing a Suspension

If Dave is suspended, he might feel that his punishment is unfair.  In this case, his parents can appeal the suspension by notifying the supervisory officer (usually a Superintendent) named in his suspension notice of their intent to appeal.  They must do this within ten school days of the start of the suspension.  A suspension appeal must then be held within 15 days after the supervisory officer receives the written notice.

Appeal Hearing

At the suspension appeal, school board trustees will listen to evidence from both Dave and the principal.  Dave and his parents have rights at the hearing.  These include being represented by a lawyer, calling witnesses, presenting Dave’s side of the story, cross-examining witnesses (this means asking questions of the witnesses called by the principal), and explaining mitigating circumstances.  The trustees will then decide whether to uphold, change, or end the suspension.  If the suspension is ended, Dave can go back to school immediately.  Even if the suspension ended before the appeal was held, this is still an important decision because it will be removed from Dave’s record if the board ends it at the appeal.

Although nobody was hurt badly in Dave and Josh's fight, a more serious fight might have led to an expulsion, or to criminal charges.  For more information, see JFCY’s pamphlets:

JFCY guide to suspension

JFCY guide to expulsion

JFCY youth guide to court

 Scenario written by JFCY volunteer and PLE team member Cemone Morlese.  Legal info by JFCY.

Bullying in the news: consequences and responses

The description of the news article below and the "Afterthought" are the opinions of  Deby Ko, a volunteer member of JFCY's PLE Team and JFCY's bullying sub-committee.  The information about the proposed Ontario legislation is by JFCY.

Bullying in the News - By JFCY volunteer Deby Ko

Current news indicates how severe bullying can be and how bullying can lead to terrifying results.  In Fall 2011, the Toronto Sun reported that Mitchell Wilson committed suicide. Mitchell was 11-years-old and he had muscular dystrophy, a disease which weakens muscles over time.  Mitchell was heavily bullied. 

Mitchell’s challenges began when a 12-year-old mugged him.  When his attacker was arrested, his friends started following Mitchell home and bullying him on why he was bringing the young offender to court.

With the taunts and bullying, Mitchell no longer did the same amount of exercise he had in the past.  soem could argue that this made his illness develop faster, so that he had to use a wheelchair all of the time.  His mental state was also extremely vulnerable. The Sun described the changes in Mitchell’s mental state: “Mitchell stopped sleeping and began suffering anxiety attacks. He told his family he’d rather kill himself than go back to school where he was being bullied.”

Despite being counseled and assigned a protector at school, Mitchell no longer was the same person he used to be. He had ongoing stresses because of his illness and because his court date against his attacker was approaching.  Before his first day of grade 6, Mitchell ended his life.

For more information on the article please visit:

http://www.torontosun.com/2011/09/22/boy-bullied-to-death-dad-says

Afterthought - by JFCY volunteer Deby Ko

It’s terrifying how physical attacks followed by verbal attacks can lead to such traumatic results. Despite being counseled by his school and accompanied by a protector, Mitchell could no longer act the way he used to. Sometimes people think that kids need to face bullying on their own, but it is important for kids who have been bullied to talk with someone about the situation.  This can help to relieve some anxiety. People you can turn to may be friends, family, teachers or other people that you trust.  If you don’t want to turn to others, you can try writing your feelings on a blog or diary entry, either to help other people who are going through the same thing as you online or just to relieve some anxiety you may have. Joining extracurricular activities can also help you confront your fears when you have more friends by your side listening to any problems you may have.

If you have bullied someone, you have to know that what you have done can have a lasting effect on someone and that there may be long-lasting consequences for you, too.

School bullying and the law - by JFCY

Every province in Canada has the power to make laws about education in that province.  In Ontario, the Education Act applies to public and separate (Catholic) schools.  This year, the Ontario government introduced a bill to change the Education Act.  A bill is a proposed law that must be debated by government and voted on.  If a majority of the elected representatives to a province’s legislature vote for a bill, then it becomes law.  The bill that the Ontario government is proposing is supposed to help address bullying in school.  The goal of the law would be to help make sure that students feel safe in school, because all students deserve to feel safe and included.  Feeling safe at school is also important to being able to succeed in school.  The introduction to the bill, which is called a preamble, talks specifically about making schools more inclusive for LGBTTIQ (lesbian, gay, bisexual, transgendered, transsexual, two-spirited, intersexed, queer and questioning) people, because a lot of bullying in school is based on someone's perceived sexual identity.  Another important part of the bill is that it recognizes that both people who bully and people who are bullied need to be supported in making good choices and developing healthy relationships.

So what will the bill do if passed?

The bill defines bullying.  Legal definitions are important because people depend on them when they are trying to understand what is included in a law.  For example, one part of the bill says that school boards must consider expelling a student who has previously been suspended for bullying.  Whether or not a student’s behaviour is classified as bullying according to the definition in the law could make a difference to what consequences the student faces for his or her actions.

The bill also makes school boards and schools responsible for working to prevent bullying. For example, schools have to include rules to help prevent bullying in their codes of conduct.  School boards will be required to have guidelines and policies on a wide range of topics relating to bullying and other forms of inappropriate behaviour.  Some examples of the guidelines and policies that are required include which consequences should be considered for students who engage in inappropriate behaviour, what strategies can be used to prevent bullying, and what training relating to bullying should be provided to teachers and staff at a school.  

Finally, the bill also proclaims Bullying Awareness and Prevention Week as the third week in November, and it requires school boards to support students who want to lead activities or organizations that “promote gender equity, anti-racism, the awareness and understanding of, and respect for, people with disabilities or the awareness and understanding of, and respect for, people of all sexual orientations and gender identities.” 

Check out the bill here.

See the current Education Act. 

Bullying Resources

If you have specific legal questions relating to bullying, please contact JFCY at 416.920.1633

If you are a victim of bullying and need support, check out some of these organizations:

• Kids Help Phone at 1 800 668 6868 or on www.kidshelpphone.ca
• LGBT Youth line at 1.800.268.9688 or on www.youthline.ca

If you want to find out more about bullying and how you can help raise awareness and prevent bullying, you can look at some of these websites:

• Web Aware on www.bewebaware.ca
• Canadian Safe Schools Network on www.canadiansafeschools.com
• http://www.definetheline.ca/
• www.bullying.org
• www.wiredsafety.org
• www.stopcyberbullying.org

There is a list of books and other resources on blocking and dealing with cyber-bullying as well as other forms of bullying on this website: http://www.cheo.on.ca/En/bullying

Here at JFCY, the cyber-bullying sub-committee wants to know all about your thoughts on this post. Please let us know if this post is helpful and/or informative and what you would like to see in future posts. Post your comments, questions, requests and ideas as they are extremely valuable to us and will help us better understand what to write about in our next post.  Our comments are moderated, so if you do not want your comment published to the blog, just say so when you submit it. Or you could email us at jfcyontario@gmail.com.

Cyber-bullying

My name is Labiba and I am a JFCY volunteer on the PLE Team and the Cyberbullying Subcommittee.  My blog post is about the use of phones, internet and other technologies by bullies to mock, intimidate or terrorise their victims.

Bullies have always been around.  Sometimes people are bullies because it makes them feel good to have power over others and win in all situations. Sometimes they just do it because they can, without stopping to think whether it is morally wrong or how harmful it is for the victims. Sometimes they are victims of violence themselves either at home or in school or somewhere else.

With newer and more creative methods of communicating on the internet, bullying has become more sophisticated.  Since a bully can’t see the person on the other side of their messages, videos, or texts, it is easier to ignore the effects that bullying has on victims.  A bully can also hide behind an online identity, so that nobody knows who is doing the bullying.  This can make bullying even more harmful.  People have fewer opportunities to think about the consequences of their actions when they are sitting in front of a screen or staring at a smartphone.

SOCIAL ISSUES - What are the consequences of cyber-bullying for the victim?

We all know the destructive effects of bullying. It can have a permanent or long-term impact on how a bully’s victim feels about himself or herself and how well the victim is able to build relationships with other people. Bullying also has mental health and physical health consequences that can be very serious. While some children are able to leave all these behind when they grow up and live healthy and happy lives, others find dealing with bullying exceptionally difficult and sometimes impossible. There have even been recent reports of bullied teens taking their lives in extreme cases of cyber-bullying.

Cyber-bullying may be more invasive than real life bullying for a number of reasons. It follows the victim everywhere, unlike school yard bullying. Some organizations are trying to prevent and reduce bullying.  For example, there are privacy settings and a new “trusted friend” feature on Facebook which you can use to prevent bullying and tell a friend about bullying attempts.

Once a bully posts a photograph, video or comment online, there is no calling it back. It can reach anyone anywhere and be downloaded onto hard disks almost instantaneously. It can be used years later. It can affect a person’s image even if they move away and years later when they apply to school, look for a job, or meet a potential partner in life.

As the virtual world becomes increasingly important and “real” for us, our virtual image matters as much as our real-life image, but it is unfortunately much less in our control.

Sometimes, telling others that you are being bullied is difficult because you may think they will think you are weak or are over-thinking it. But ignoring the situation when you are bullied can also make it worse. We suggest that you should try and speak out and get help early to stop bullying. We suggest that you share any bullying attempts with a person you trust. If you ask for help early on you may be able to prevent some of the more severe effects of bullying.

Everyone should always take a minute to consider what affect an online activity can have on others and on themselves later down the road.

LEGAL ISSUES - What are the consequences for the bully?

School Suspensions and Expulsions

Ontario’s Education Act requires a principal to consider suspending a student who is involved in bullying while at school, at a school-related activity, or in “other circumstances” where the activity will have an impact on the school climate. There have been decided cases in which cyber-bullying has been accepted to be such “other circumstances”. If suspended for 20 days the Principal can recommend an expulsion and then the case will be heard by a committee of the school board, who will make the final decision whether or not to expel the student.

Criminal Charges

Repeated communications that are carried out over a period of time and cause victims to reasonably fear for their safety, even if they do not result in physical injury, may fall within the definition of criminal harassment. Examples of activities covered by the definition include sending inappropriate or threatening messages or e-greeting cards; creating websites that contain threatening or harassing messages or provocative or pornographic photographs, which are usually altered; tracking victims’ electronic footprints; and sending messages to victims’ friends, family, co-workers and other associates pretending to be them.

Civil Liability

Harassing, intimidating or bullying online, asking someone for their log-in information, creating multiple personal profiles, and providing false information when creating a profile are all activities that breach the terms and conditions of most social networking websites. When you sign up for an account, you agree to follow these terms, and any breach allows the website to ban you from future use of their website. Sometimes cyber-bullying may give rise to civil action to be brought against you and/or your parents.  A civil action is when one person sues another for the damage caused by the second person’s actions, even if those actions weren’t breaking the criminal law.

Whether or not any disciplinary, criminal or civil action is taken to deal with bullying will depend on complaints received by the authorities, the seriousness of the conduct, the severity of the effect on victims, and the willingness of victims’ parents and friends to take a stand against bullying. If you are participating in cyber-bullying, you should know that it is possible to trace you even when you are using a fake ID online. If you are about to do/say something online that you would not do offline, stop and ask yourself if you would like it if the people you respect found out what you did, even if you think it is not something big enough to get you in trouble.

Cyber-bullying Resources

If you have specific legal questions relating to bullying, please contact JFCY at 416.920.1633

If you are a victim of bullying and need support, check out some of these organizations:

Kids Help Phone at 1 800 668 6868 or on www.kidshelpphone.ca

LGBT Youth line at 1.800.268.9688 or on www.youtline.ca

If you want to find out more about cyber-bullying and how you can help raise awareness and prevent cyber-bullying, you can look at some of these websites:

Web Aware on www.bewebaware.ca

Canadian Safe Schools Network on www.canadiansafeschools.com

http://www.definetheline.ca/


www.bullying.org

www.wiredsafety.org

www.stopcyberbullying.org

There is a list of books and other resources on blocking and dealing with cyber-bullying as well as other forms of bullying on this website: http://www.cheo.on.ca/En/bullying

Here at JFCY, the cyber-bullying sub-committee wants to know all about your thoughts on this post. Please let us know if this post is helpful and/or informative and what you would like to see in future posts. Post your comments, questions, requests and ideas as they are extremely valuable to us and will help us better understand what to write about in our next post.  Our comments are moderated, so if you do not want your comment published to the blog, just say so when you submit it. Or you could email us at jfcyontario@gmail.com.

Thanks to JFCY PLE Team member AND volunteer Labiba Rukhsana for this post.  Labiba is on JFCY's cyber-bullying subcommittee.