Cyberbullying

Cyberbullying is known as hating, drama, gossip or trolling, according to Public Safety Canada (PSC), who call it a serious crime that can be "emotionally damaging and even lead to tragic consequences." PSC notes that incidents are most often sustained and repeated over a period of time and can be damaging to the victim's "feelings, self-esteem, reputation and mental health." According to the Department of Justice (DoJ) a wide range of behaviour can be considered bullying. Things such as name calling, teasing or social exclusion are not subject to prosecution. However, if your behaviour reaches the level of criminal conduct, different sections of the Code can be used to prosecute including: criminal harassment ( s.264 ); uttering threats ( s.264.1 ); intimidation ( ss.423 (1) ; mischief in relation to data ( ss.430 (1.1) ): unauthorized use of computer ( s.342.1 ); identity fraud ( s.403 ); extortion ( s.346 ); false messages, indecent or harassing telephone calls ( s.372 ); counselling suicide ( s.241 ); defamatory libel ( s.298-301 ); incitement of hatred ( s.319 ); and, child sexual abuse and exploitation material offences ( s.163.1 ). Public Safety Canada notes cyberbullying commonly occurs by: Sending hurtful or threatening messages by email, text or through comments on a social networking page. Taking an embarrassing picture or video of someone and sending it to others or posting it online without the victim's knowledge or permission. Posting online stories, pictures, jokes or cartoons that are intended to embarrass or humiliate the victim. Hacking someone's email account and using their identity to send hurtful content to others. Using the victim's password to access their social networking account to post material that would be embarrassing or offensive. Creating online polls that negatively rate people. In online gaming, harming a player's character repeatedly, ganging up on a player or using personal information to make direct threats.

There is no specific provision in the Criminal Code for cyberbullying or bullying. Instead, there are a number of sections that can be used depending on the circumstances.

Criminal Harassment

Criminal harassment is found under s.264 of the Code and can include many different behaviours intended to control and frighten the victim. It can cause fear, depression, alienation, isolation, loss of confidence, confusion, powerlessness and hopelessness. Criminal harassment is a hybrid offence. The maximum is 10 years if prosecuted by indictment. On summary conviction, the general maximum is a $5,000 fine, imprisonment for two years less a day, or both. There is no mandatory minimum sentence.

Uttering Threats

If you verbally threaten someone you could be charged with uttering threats under s.264.1 (1) of the Code. Threatening to cause death or bodily harm will be treated as an indictable offence with the maximum punishment of five years in prison.

Intimidation

Subsection 423 (1) of the Code states that intimidating someone for the purpose of compelling them to abstain from doing anything they have a lawful right to do can face a prison term of up to five years if convicted.

Mischief in Relation to Data

If you wilfully destroy or alter computer data; render computer data meaningless, useless or ineffective; obstruct, interrupt or interfere with the lawful use of computer data; or obstruct, interrupt or interfere with a person in the lawful use of computer data or deny access to computer data to a person who is entitled to access to it can be convicted under ss.430 (1.1). The Code states that anyone who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

Unauthorized Use of a Computer

Unauthorized use of computer, or hacking, is covered under s.342.1 and states that if you fraudulently obtain ? either directly or indirectly ? any function of a computer system with intent to commit an offence can face a prison sentence of up to 10 years.

Identity Fraud

Identity fraud, covered under s.403 of the Code, makes it an offence to fraudulently impersonate another person, living or dead with the intention to gain an advantage for themselves or another person or to cause hardship to the victim. It is also illegal to impersonate someone to avoid arrest or to obstruct justice. It is punishable by a maximum 10 years in prison.

Extortion

Extortion is also known as blackmail and can result in a sentence of life in prison. Attempting to force another person to do something "by threats, accusations, menaces, or violence" is an indictable offence under s.346 (1).

False Messages, Indecent or Harassing Telephone Calls

If you convey information you know is false with intent to injure or alarm a person you can be charged under s.372. The maximum jail term is two years less a day.

Counselling Suicide

Under s.241 of the Code if you counsel, encourage or aid a person to commit a suicide you could face a prison sentence of no more than 14 years. It doesn't matter if the suicide was successful.

Defamatory Libel

A defamatory libel is something published without justification that is likely to injure the reputation of any person by exposing them to hatred, contempt or ridicule. Defamation can be a criminal offence or a civil wrong, which can result in a lawsuit. Defamatory libel is covered by s.298-301 and can result in a jail term of two years less a day.

Incitement of Hatred

Anyone who incites hatred by making public statement against any identifiable group that is likely to lead to harm is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years under s.319 of the Criminal Code.

Child Pornography Offences

Section 163.1 states that every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of one year in jail. The section protects victims under the age of 18.

The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you committed the offence and the victim is not fabricating the testimony against you. Any forensic evidence linking you to the crime can be challenged for its validity. Your lawyer may be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during a police investigation.

Cyberbullying is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., meaning the Crown can proceed with the charge as an indictable offence or by summary conviction. Being found guilty of an indictable offence carries penalties that are more stringent than summary conviction.

The Crown will consider such factors as the seriousness of the incident and your prior criminal record when deciding how to proceed.

Cyberbullying is not a single Criminal Code offence. Depending on what happened, online conduct can be charged under several different sections — the table on this page covers the ones aimed most directly at online behaviour.

Some cyberbullying fact patterns may also involve extortion, criminal harassment, or mischief. Those offences have their own pages.

See Extortion, Criminal Harassment, Mischief, and Vandalism.

The intimate-image offence also contains a public-good exception. That exception is narrow and fact-specific.