Addressing Cyberconduct: A Brief to the Department of Justice Canada

This paper focuses on issues related to the misuse and abuse of the technologies, or "cybermisconduct" directed toward students and teachers such as online harassment, cyberbullying and internet defamation. Since some forms of cyberbullying may be criminal acts under the Criminal Code, Canadian courts are voicing serious concerns about the implications of bullying and intimidation in schools. Under Canadian law, it is a crime to communicate repeatedly with someone if one's communication causes him or her to fear for their safety or the safety of others. In 2007, the Ontario government introduced changes to the provisions of its Education Act applicable to suspension, expulsion and discipline. The changes became effective February, 2008. For the first time, bullying was listed as a specific infraction that could lead to suspension or expulsion. The legislation also broadens the scope of action beyond the school to include out of school activities. Amendments to existing legislation may also be necessary to address the ability to block or remove illegal content on the Internet. The Canadian Teachers' Federation has consulted its Member organizations on these issues and many, in turn, have consulted legal counsel. A summary of their comments is presented.