Canadian Lawyer

RegIonal wRap-up atlantIC eDItorIal cartoons cyberbullyIng unDer new n.s. law a t breakneck speed, Nova Scotia introduced and passed the country's first cyberbullying act earlier this year. The Cyber-Safety Act gives victims and their families the legal green light to get protection orders from the court and creates a special investigative unit within the Department of Justice that will be up and running this fall. Courts will be able to order computers, smartphones, or tablets be confiscated. School principals are also being given greater authority, allowing them to now take action against bullying or cyberbullying off school grounds. The legislation also seems to cleverly target the pot of gold at the end of the litigation rainbow. "In many circumstances it will deem a parent to be a cyberbully if they haven't been diligent in their supervision. That's innovative," said David Fraser, a partner with McInnes Cooper in Halifax. That approach, he notes, gives the government and the courts "access to homeowners' insurance. It sends a clear message to parents." Unintentionally perhaps, the 21-page Cyber-Safety Act also sends a message to other groups and raises freedom of expression issues in the process. "Editorial cartoons do nothing but cyberbully according to the definition. There is nothing in the legislation that exempts that, and there is nothing that says this is just to protect children," says Fraser. In this context, he points out, the legislation may raise broader legal challenges. "Anything that seeks to restrict or regulate content is on the surface [a] constitutional [issue]." The province's new Cyber SCAN investigative unit — or as Fraser calls it, the cyberbullying SWAT team — will respond to complaints, negotiate formal or informal resolutions, and, if necessary, seek a cyberbullying prevention order. "The team," notes Fraser, "can apply to the court for a whole range of remedies and some of them are really drastic." Among the more severe repercussions are the loss of digital devices and access to the Internet. "The legislation doesn't call for progressive discipline," says Fraser. "There are concerns cops may not go in with a measured response." The new law was drafted and enacted in the wake of a teenage girl's suicide. Rehtaeh Parsons had been cyberbullied and sexually assaulted, and her tragedy caught the attention of media across the country. In response, the Nova Scotia government rushed to create the new legislation. "It was rammed through," says Fraser. "All the parties lined up and saluted it." Other provinces are likely taking a close look at Nova Scotia's new legislation and considering options for their jurisdictions. "If other provinces have an incident similar to Rehteah Parsons, they will be asked why they didn't do something," says Fraser. And quickly. — DoNALee moULtoN donalee@quantumcommunications.ca STEWArT McKELVEy LAUnChES fIrST LABrADOr PrACTICE grOUP S tewart mcKelvey believes there are big opportunities in the Big Land. In response, it has established what is believed to be the country's first Labrador practice group. "We're doing ever-increasing work in Labrador," says practice group leader Colm st. roch seviour. "It is a growth area, and it has special legal needs. We wanted to be able to service those relatively unique needs." Among the opportunities in Atlantic Canada's north is the proposed muskrat Falls generating Facility in Lower Churchill. If completed as anticipated, the $6.2-billion initiative would be one of the largest energy projects in the province's history and would feature a 1,100 sub-sea link between Labrador and Newfoundland. mining is also an economic driver with a big appetite for legal services. the province just inked a deal with operators at Voisey's Bay to mine underground, creating hundreds of new jobs and extending the life of the mine more than 20 years. It's about more than booming business, however. Working in Labrador brings with it distinct issues, which stewart mcKelvey's newest practice group will help companies address. For example, says seviour, "operators in Labrador absolutely need to know and respect aboriginal rights and treaty rights. We have a background in structuring aboriginal ventures and partnerships." As well, he notes, "there are a number of twists and turns in environmental assessment and permitting of natural resource ventures." one focus for the group is unrecognized aboriginal claims. "there are groups outside in Newfoundland and Quebec that have raised claims to Labrador," says seviour. there are 12 members in the practice group, all based in st. John's. one member is bilingual — a necessity, says seviour. Unlike other groups, which tend to focus on one area of law, the Labrador practice group's strength lies in its heterogeneity. one member, for example, practises in the area of maritime law; another works in securities and mining. seviour himself has experience in the areas of natural resources, environmental law, product liability, and commercial litigation. "We have identified singular needs that are cross-cutting," seviour says of the team. "We need a diversity of legal expertise." – Dm www.CANADIAN L a w ye r m a g . c o m august 2013 7

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