Anaya Nolan
Bullying is a pressing issue in Canada, with studies showing that it occurs once every seven minutes on the playground and once every 25 minutes in the classroom. While there is no specific offence called bullying under the Canadian Criminal Code, many behaviours characterised as bullying constitute criminal offences. These include criminal harassment, uttering threats, assault, and sexual assault. Several provinces, including Ontario, Quebec, New Brunswick, Nova Scotia, and Manitoba, have also introduced anti-bullying legislation or amendments to address bullying and cyberbullying in schools. The effectiveness of these laws remains to be seen, but they aim to make educational institutions safer and promote tolerance.
| Characteristics | Values |
|---|---|
| Year of implementation | 2012 |
| Provinces with anti-bullying laws | Manitoba, Nova Scotia, New Brunswick, Quebec, Ontario |
| Provinces considering anti-bullying laws | Prince Edward Island, Northwest Territories |
| Consequences for parents | Fines, jail time |
| Forms of bullying | Physical, verbal, social exclusion, cyberbullying |
| Existing criminal code responses to cyberbullying | Publishing a libel (section 301), publishing a libel known to be false (section 300), criminal harassment (CCC 264), uttering threats (CCC 264.1), assault (CCC 265 & 266), sexual assault (CCC 271) |
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What You'll Learn
Provincial anti-bullying laws
While there is no offence termed "bullying" under the Canadian Criminal Code, many behaviours characterised as bullying fit the definition of criminal offences. These include criminal harassment, uttering threats, assault, and sexual assault. Each province and territory in Canada defines bullying differently and has its own legislation or policies to address the issue.
In Manitoba, Bill 18, which came into effect on 15 April 2012, amended The Public Schools Act specific to bullying and respect for human diversity. The term "bullying" is defined, and school boards of publicly-funded non-religious and religious schools must expand their policies about the appropriate use of the Internet and establish a respect for human diversity policy.
In Nova Scotia, Bill 30, the Promotion of Respectful and Responsible Relationships Act, was introduced in April and received assent on 17 May 2012. The new Act resulted in bullying and cyberbullying being specifically addressed in the Education Act and the creation of a provincial school code of conduct.
New Brunswick's Education Act was amended to address bullying and cyberbullying via Bill 45 on 13 June 2012. With an emphasis on "prevention, reporting, investigating and taking action," the roles and responsibilities of principals, educators, parents, students, and parent school support committees were clarified, along with protocols for discipline and intervention.
Ontario's Education Act was amended on 19 June 2012 by Bill 13 with respect to bullying and other matters. The Act would amend the Education Act to create Bullying Awareness Week in schools and provide instruction on issues of bullying and dealing with situations where bullying occurs.
Other provinces such as British Columbia, Saskatchewan, Newfoundland and Labrador, Prince Edward Island, and the Northwest Territories have also introduced or are considering anti-bullying legislation or campaigns.
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Criminal Code provisions
While there is no offence termed "bullying" under the Canadian Criminal Code per se, many behaviours or incidents characterised as bullying fit the definition of criminal offences. These include criminal harassment (CCC 264), uttering threats (CCC 264.1), assault (CCC 265 & 266), and sexual assault (CCC 271). Perpetrators risk youth or adult sentencing depending on the circumstances of the crime.
Cyberbullying, which involves the use of communication technologies to bully, intimidate or harass others, is also addressed in the Criminal Code. The Code protects against conduct that could cause injury to the reputation of a person or expose them to hatred, contempt or ridicule, through publishing a libel (section 301) or publishing a libel known to be false (section 300). The Supreme Court of Canada has upheld the latter as a reasonable limit under section 1 of the Charter.
Other Criminal Code provisions that can address bullying behaviour include sections 265-273, which cover assault and attacks on persons or property, and sections 322-344, which cover theft. Bullying that involves threats or harassment causing a person to fear for their safety is addressed by sections 264 and 264.1 (criminal harassment and uttering threats). Additionally, section 372 addresses false messages, indecent telephone calls, and harassing telephone calls, although these refer to older forms of communication technology. Efforts have been made to modernise this section to include acts committed through telecommunication.
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Parental responsibility
While there is no offence termed "bullying" under the Canadian Criminal Code, many behaviours or incidents characterised as bullying fit the definition of criminal offences. These include criminal harassment, uttering threats, assault, and sexual assault, with perpetrators risking youth or adult sentencing depending on the circumstances of the crime.
In Canada, the parents of a bullying child can be held legally responsible for their child's actions under the Parental Responsibility Act of 2000. It is the parent or legal guardian that is responsible for the actions of their child. If a child is the victim of bullying, their parents can take action against the bullying child's parents by bringing them to court.
In some places, such as North Tonawanda, New York, parents can face up to 15 days in jail or a $250 fine if their child is found bullying minors. However, Toronto-based lawyer Jodan Donich notes that "the onus seems to be on the child in Canada". While there are cases of children being fined for bullying in Canada, parents are generally not held responsible.
In Canada, several jurisdictions are in the process of enacting anti-bullying laws. These laws aim to make educational institutions safer by raising awareness of the issue and consequences of bullying, and promoting tolerance in all public schools. For example, in Manitoba, Bill 18, which came into effect on April 15, 2012, amended The Public Schools Act specific to bullying and respect for human diversity. The term "bullying" is defined, and school boards must expand their policies about the appropriate use of the Internet and establish a respect for human diversity policy.
Parents play a crucial role in preventing bullying. Research shows that bullying is a learned behaviour, and parents should ensure that children understand the long-term effects of bullying. They are responsible for creating positive environments that promote healthy relationships and teaching children the social skills to navigate peer conflicts. Adult intervention is necessary to stop bullying and protect children from its immediate and long-lasting effects, which can include physical, social, and mental health problems.
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School boards' duties
In Canada, each province has passed laws that address bullying in schools to varying degrees. While there is no legal definition of bullying, it is generally understood as repeated aggressive behaviour by a student, intending to cause harm, fear or distress to another individual. This harm can be physical, psychological, social, or academic, and it may also extend to an individual's reputation or property.
In Ontario, for instance, there is formal legislation on bullying and cyberbullying, outlined in the Accepting Schools Act of 2012. This Act defines the rights and responsibilities of teachers, schools, school boards, other school board employees, and ministries in preventing and dealing with bullying. It also encourages a positive and inclusive school experience and promotes strong and respectful relationships.
School boards in Ontario must work with schools, parents, and other stakeholders to create a safe and inclusive environment. They are responsible for establishing a bullying prevention and intervention plan, which all schools under their jurisdiction must implement. This plan should include activities that promote equity and inclusive education, as well as raising awareness about sensitive topics related to equity, such as racism and gender equity.
Additionally, school boards must support schools in engaging parents and guardians in creating a positive learning environment. If a school employee becomes aware that a student may be experiencing bullying, they must notify the principal immediately, who is then responsible for investigating the situation. The Act also establishes an annual Bullying Awareness and Prevention Week to increase awareness of the impacts of bullying behaviour.
School boards and schools have a duty to prevent and stop bullying when it occurs. This includes taking all reasonable precautions to prevent incidents and providing a safe and healthy environment for students. If a school board fails to address bullying effectively, legal claims may be pursued against them.
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Cyberbullying
While there is no specific offence for bullying in the Canadian Criminal Code, many behaviours characterised as bullying are criminal offences. These include criminal harassment, uttering threats, assault, and sexual assault. The Criminal Code also protects against conduct that could expose a person to hatred or contempt, such as publishing a libel known to be false.
In recent years, several jurisdictions in Canada have recognised the increasing occurrence of bullying in schools and the tragic consequences, including suicides of young persons. As a result, provinces such as Manitoba, Nova Scotia, New Brunswick, Quebec, and Ontario have amended their Education Acts to address bullying and cyberbullying specifically. These amendments emphasise prevention, reporting, investigation, and intervention, with increased reporting mandated at various levels.
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Frequently asked questions
There is no specific provision in the Criminal Code for cyberbullying or bullying, and the onus seems to be on the child in Canada. However, many behaviours or incidents characterized as bullying fit the definition of criminal offences, such as criminal harassment, uttering threats, assault, and sexual assault.
While there is no specific law against bullying in Canada, some bullying acts are illegal and can result in criminal charges. These can include criminal harassment, uttering threats, assault, and sexual assault.
Bullying in Canada can take many forms, including physical actions (punching, kicking, biting), verbal actions (threats, name-calling, insults, racial or sexual comments), and social exclusion (spreading rumours, ignoring, gossiping, excluding). Cyberbullying is also a form of bullying and involves the use of communication technologies to intimidate or harass others.
Several jurisdictions in Canada have enacted or are considering anti-bullying laws to make educational institutions safer. These laws aim to bring awareness of the issue and consequences of bullying and promote tolerance in all public schools. Additionally, parents play an important role in preventing bullying by ensuring children understand the long-term effects of bullying. Schools also have a responsibility to evaluate and address bullying and promote a safe learning environment.
