Supreme Court of Nova Scotia
Citation: Crouch v. Snell, 2015 NSSC 340
Date: 20151210
Docket: Hfx No. 434423
Registry: Halifax
Between:
Giles W. Crouch
v.
Robert (Bruce) Snell
Library Heading
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Judge: |
The Honourable Justice Glen G. McDougall |
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Heard:
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August 25 & 27, 2015 in Halifax, Nova Scotia |
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Written Decision: |
December 10, 2015 |
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Subject: |
Cyber-safety Act, S.N.S. 2013, c. 2; Protection Order Application pursuant to s. 5(1); Review of order pursuant to s. 13(1); Constitutional challenge based on s. 2(b) – Freedom of expression and s. 7 – Life, liberty and security of the person.
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Summary: |
Former business partners became entangled in internet exchanges that amounted to cyber-bulling based on the definition of the conduct as set out in the Cyber-safety Act. A review of the impugned conduct in light of the Charter resulted in the Protection Order being declared a nullity after the legislation was deemed unconstitutional for infringing s. 2(b) and s. 7 of the Charter. |
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Issue: |
1. Does the Cyber-safety Act infringe s. 2(b) of the Charter, and if so, is this infringement saved by s. 1? 2. Does the Cyber-safety Act infringe s. 7 of the Charter, and if so, is this infringement saved by s. 1? 3. If necessary, what is the appropriate remedy?
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Result: |
The Cyber-safety Act is found to be unconstitutional based on s. 2(b) and s. 7 infringements. |
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