Keith Mack
Bullying is an unfortunate reality for many people, and it can have serious and long-lasting effects on both the bully and the victim. While bullying often occurs in schools among students, it can also happen in the workplace. Canada has introduced laws to address bullying, particularly cyberbullying, which is defined as using information and communications technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others. While there is no specific provision in the Criminal Code for bullying, certain behaviours can amount to criminal conduct, and several provisions in the Code address this behaviour.
| Characteristics | Values |
|---|---|
| Definition of cyberbullying | The Government of Canada defines cyberbullying as "the use of information and communications technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others" |
| Cyberbullying laws | Bill C-13, the Protecting Canadians from Online Crime Act, was introduced by the Canadian government to address cyberbullying and took effect on March 10, 2015 |
| Criminal Code offences | Criminal harassment (section 264), uttering threats (section 264.1), assault (sections 265-273), theft (sections 322-344), publishing a libel (section 301), publishing a libel known to be false (section 300), indecent telephone calls (subsection 372(2)), harassing telephone calls (subsection 372(3)), false messages (subsection 372(1)) |
| Consequences of cyberbullying | Cyberbullies can have their devices taken away, have to pay their victims, and may even face jail time |
| Workplace bullying | Not specifically addressed by legislation, but falls under the general duty clause to provide a safe and healthy workplace, and federal and provincial human rights laws prohibiting harassment related to protected grounds |
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What You'll Learn
Cyberbullying laws
While there is no specific provision in the Criminal Code for cyberbullying, it is considered a crime in Canada. Cyberbullying is defined by the Government of Canada as "the use of information and communications technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others". This behaviour can include the use of the internet, social networking sites, email, and text messaging to repeatedly harass or intimidate another person.
One of the key amendments to the Criminal Code under Bill C-13, which took effect on March 10, 2015, is the addition of section 162.1, which pertains to the publication of intimate images without consent. An "intimate image" is defined as an image that depicts a person engaged in explicit sexual activity or that depicts a sexual organ, anal region, or breast. The image must also meet the criteria that the person depicted had a reasonable expectation of privacy at the time of recording and had not relinquished their privacy interest at the time of the offence.
Cyberbullying can have serious legal consequences in Canada. Cyberbullies can have their devices taken away, be ordered to pay their victims, and may even face jail time. It is important to note that the interpretation of cyberbullying laws and their application can be complex, and specific cases may vary.
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Workplace bullying
The Treasury Board of Canada has published resources and guidelines to prevent and address workplace harassment, promoting a healthy workplace culture. Additionally, federal and provincial human rights laws in Canada prohibit harassment based on protected grounds such as race, religion, sex, sexual orientation, and disability. These laws may also apply to certain situations involving bullying.
To determine if an action or statement constitutes bullying, one can apply the reasonable person" test. This involves considering whether most people would view the behaviour as unacceptable. While strong management may sometimes resemble bullying, objective comments intended as constructive feedback are generally not considered bullying.
In Canada, cyberbullying is a specific form of bullying that has gained legislative attention. The Criminal Code addresses cyberbullying and the non-consensual distribution of intimate images, which can have devastating effects on an individual's self-esteem, reputation, and mental health. Bill C-13, the Protecting Canadians from Online Crime Act, further strengthened the legal response to cyberbullying by amending the Criminal Code to explicitly criminalize the distribution of intimate images without consent.
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Criminal harassment
While there is no Canadian legislation that specifically addresses bullying, general duty clauses for providing a safe and healthy workplace establish the duty of employers to protect employees from risks at work, which can include bullying. In addition, federal and provincial human rights laws prohibit harassment related to race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability, pardoned conviction, or sexual orientation. In certain situations, these laws may apply to bullying.
Section 264 of the federal Criminal Code establishes the crime of "criminal harassment", which can take the form of behaviours that cause the targeted person to fear for their own safety or that of someone they know. These behaviours include:
- Repeatedly following a person (stalking)
- Repeatedly communicating with a person
- "Besetting or watching" a person's residence or workplace
- Threatening a person or a member of their family
Cyberbullying, which is also illegal, can have serious legal consequences. Cyberbullies can have their devices confiscated, be ordered to pay their victims, and may even face jail time. Additionally, sharing intimate or sexual images or videos of a person without their consent is a crime in Canada, as it violates privacy laws.
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Bullying and human rights laws
Bullying is a human rights issue. Everyone has the right to feel safe, no matter where they are, including at home, work, school, in the community, and online. Schools, workplaces, and other organizations have a legal responsibility to protect individuals from bullying.
In Canada, there is no specific provision in the Criminal Code for cyberbullying or bullying. Bullying encompasses a wide range of behaviours, most of which do not constitute criminal conduct, such as name-calling, teasing, belittling, and social exclusion. However, when bullying behaviour rises to the level of criminal conduct, several provisions in the Criminal Code can address this behaviour. For instance, bullying that amounts to attacks on persons or property may be covered by provisions related to assault (sections 265-273) and theft (sections 322-344). Additionally, bullying that involves threats or harassment causing fear for one's safety is addressed by sections 264 and 264.1 (criminal harassment and uttering threats).
Furthermore, the Protecting Canadians from Online Crime Act makes it illegal to distribute intimate images of someone without their consent. The Supreme Court of Canada has also provided guidance on the relationship between bullying and the right to freedom of expression. In the case of R. v. Lucas, the Court upheld the offence of publishing a libel known to be false, while also considering the limits of freedom of expression in cases of hate speech.
In the context of workplace bullying, occupational health and safety laws in Canada include the concept of due diligence, which means employers have a duty to provide a safe and healthy workplace and prevent incidents of workplace harassment and violence. Federal and provincial human rights laws also prohibit harassment related to protected grounds such as race, national or ethnic origin, religion, age, sex, and disability. These laws may apply to certain situations involving bullying.
While there is no specific legislation for bullying in Canada, various laws, including the Criminal Code, human rights legislation, and occupational health and safety laws, provide a framework to address bullying behaviour and protect individuals' rights to safety and well-being.
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Reporting bullying
While bullying is a traumatic experience, it is important to report it to the relevant authorities. If you are being bullied, or know someone who is, there are several ways to get help. Firstly, it is crucial to document the bullying incidents. This can be done by keeping a record of any offensive messages, taking screenshots, or writing down details of what happened, including dates, times, and witnesses. This documentation will be useful when reporting the bullying to a trusted adult, teacher, or the police.
In the case of workplace bullying, employers are responsible for ensuring a safe and healthy environment for their employees. Therefore, it is recommended to report bullying to human resources or a supervisor, who can take appropriate action, such as implementing existing policies and procedures to address the issue.
For cyberbullying, which involves the use of digital technologies, there is specific legislation in Canada, such as Bill C-13, that addresses this form of bullying. Cyberbullying may include the non-consensual distribution of intimate images, harassing phone calls, or messages on social media platforms. Victims of cyberbullying can report the incident to the platforms themselves, which often have procedures in place to address cyberbullying, as well as to the police, who can enforce the relevant laws.
In addition to reporting bullying to the appropriate authorities, it is also beneficial to seek support from specialized services, such as BullyingCanada, which provides mental health services and interventions for bullied youth and their families. They work with schools and community organizations to create safe and inclusive environments, empowering those affected by bullying and helping them heal.
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Frequently asked questions
Bullying is a pattern of behaviour that can be obvious or subtle. It can include spreading malicious rumours, gossip, or innuendo, excluding or isolating someone socially, intimidating a person, undermining or impeding a person's work, removing areas of responsibility without cause, and more.
There is no specific provision in the Criminal Code for cyberbullying or bullying in general. However, when bullying behaviour reaches the level of criminal conduct, the Criminal Code contains several provisions that can address this behaviour. These include assault, theft, criminal harassment, and uttering threats. Additionally, federal and provincial human rights laws prohibit harassment related to race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability, pardoned conviction, or sexual orientation.
Cyberbullying is defined by the Government of Canada as "the use of information and communications technologies to support deliberate, repeated, and hostile behaviour by an individual or group that is intended to harm others". Cyberbullying may be considered a criminal offence under the Criminal Code, particularly if it involves the non-consensual distribution of intimate images. Bill C-13, the Protecting Canadians from Online Crime Act, was introduced to address cyberbullying and includes amendments to the Criminal Code.
It is important to report bullying and to seek help. Organisations like BullyingCanada offer mental health services and support for bullied youth and their parents. They work with schools and local services to create safe and inclusive environments and provide resources for bullying prevention.
