A lawyer with the British Columbia Civil Liberties Association says it91裸聊视频檚 wise to remember that even though charges over offensive social media activity are rare, online posts exist in real life and involve real people.
Aislin Jackson, the association91裸聊视频檚 policy staff counsel, says police are developing the expertise required to identify people posting online, and in rare cases that leads to charges for their actions.
91裸聊视频淚t91裸聊视频檚 not the wild west online anymore, and conduct that would be criminal anywhere is going to be investigated online as well,91裸聊视频� Jackson said.
91裸聊视频淏ut it is not an offence to be racially offensive, in the criminal sense. It91裸聊视频檚 conduct that we may want to socially discourage 91裸聊视频� but when it comes to the power of the state to lock you in a cage, you should be OK with just being racially offensive, as long as it doesn91裸聊视频檛 cross the threshold of advocating genocide or publicly inciting hatred against an identifiable group.91裸聊视频�
Jackson was commenting after the RCMP last week announced the arrest of a Chilliwack, B.C., woman for what police described as 91裸聊视频渞acially offensive social media content.91裸聊视频�
The woman has not yet been charged. Police have not named her, or said what charges are being recommended to prosecutors.
Jackson said it91裸聊视频檚 difficult to speak specifically on the Chilliwack case without knowing more details.
91裸聊视频滻n general, we don91裸聊视频檛 want to use the strong, and in many ways blunt, tool of the criminal law to deal with speech that91裸聊视频檚 simply socially problematic,91裸聊视频� Jackson said.
91裸聊视频淭here are a whole bunch of things we can do to address people expressing ideas in our communities that are contrary to the values of our communities, and the criminal law is a very extreme one. So if there is not actual harm being done, then generally we wouldn91裸聊视频檛 want to see that done through the criminal law.91裸聊视频�
Laws prohibit the willful promotion of hatred or public incitement of hatred against a specific group as well as the promotion of genocide.
Jackson said promoting hate involves communicating 91裸聊视频渟tatements in any public place that give rise to feelings of hatred and directed against an identifiable group.91裸聊视频�
Jackson said the bar for hate crime charges is very high and that cases in other provinces have resulted in charges for criminal harassment or uttering threats, rather than hate speech.
91裸聊视频淒epending on what the facts are, this may well be a criminal harassment, which can be repeated communications that cause another person to reasonably fear for their safety or the safety of anyone they know,91裸聊视频� Jackson said.
91裸聊视频淭hat can certainly happen online, just as it can happen by, you know, leaving notes in somebody91裸聊视频檚 mailbox.91裸聊视频�
Premier David Eby told an unrelated news conference Tuesday that while he didn91裸聊视频檛 know specific details of the Chillwack case, there are guidelines for Crown lawyers deciding whether to approve hate charges.
91裸聊视频淲e are a government that wants this to be, and continue to be, a province where everyone feels welcome and safe regardless of what their religion is, regardless of where their ancestors came from, regardless of who they are as a person 91裸聊视频� We want everybody to have that opportunity, and sometimes that means criminal charges against people for promoting hate against groups,91裸聊视频� he said.
91裸聊视频淚 fully support that. We91裸聊视频檝e given direction to our Crown counsel to be able to support those charges, consistent with the Criminal Code, where the elements are made out.91裸聊视频�
The Chilliwack case comes as the legal landscape around hate online is changing in Canada.
Earlier this year the federal government tabled its Online Harms Act which would increase the punishment for hate-related offences and give judges the power to restrict someone91裸聊视频檚 movements if they have evidence they could commit a hate crime.
Legal and privacy experts, as well as civil liberties groups, have raised concerns about its potential to limit free speech.
Jackson said the Chilliwack case will be interesting to follow as more details are made public.
91裸聊视频淚t91裸聊视频檚 never a bad idea to remember that the internet is real life. The people you91裸聊视频檙e talking to are, for the most part, real people and conduct that you wouldn91裸聊视频檛 participate in, in your real life, is something that you should think carefully about participating in online.91裸聊视频�
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