Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J A N U A R Y 2 0 1 8 7 N ova Scotia has unexpectedly passed new cyberbullying leg- islation several months ahead of schedule. It's not clear what convinced the province to not wait for greater feedback on the statute. The province's earlier attempt to address the issue, the first legislation of its kind in Canada, was struck down by the Nova Scotia Supreme Court for violating the Charter, including infringing on the freedom of expression. Once again rushing through the new legislation, the Intimate Images and Cyber-protection Act, may have left the law vulnerable to legal attacks down the road. However, it stands on firmer ground than its predecessor, says David Fraser, a privacy lawyer with McInnes Cooper in Halifax. "The fatal flaws to the previous leg- islation have been addressed . . . We're starting from a better place." The new law, which has yet to be proclaimed, is intended to respond to the harms of sharing intimate images without consent and cyberbully- ing at the same time it protects and upholds the fundamental freedoms of thought, belief, opinion and expression enshrined in the Charter. A clear defi- nition of what constitutes cyberbully- ing is now included. "It's not just hurting someone's feelings," says Fraser, who challenged the constitutionality of the inaugural Cyber-Safety Act. He is, however, concerned that the latest iteration of the legislation is fraught with procedural problems. Specifically, the process requires a vic- tim or their parents to go to court for a protective order for alleged offenders to stop, take down a webpage or pro- hibit further contact with the victim; a referral to dispute resolution with the provincial CyberSCAN investigative unit; or an order to pay damages. "It's a long expensive process to get before the court, and it's dense pro- cedurally. It is very complicated for self-represented litigants. This would discourage access to justice," says Fra- ser, who estimates hiring a lawyer for this will cost at least $10,000 and it will take several months to arrive at a resolution. The process, he adds, doesn't sup- port victims being able to step forward to tell their stories. "While the legal system isn't intend- ed to be victim friendly, this process is onerous. It is more onerous than it needs to be." The problem, Fraser believes, can be corrected in the accompanying regula- tions, which have yet to be released. He has written to the justice minister to encourage changes. — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T MCINNES COOPER LAUNCHING DIY LEGAL DOC TOOL FOR START-UPS M cInnes Cooper is getting ready to launch a do-it-yourself platform that will help start-ups and entrepreneurs create and manage their own legal documents. The tool, called Legal Ninja, will enable clients to create employment, non-disclosure and stock option agreements among other materials. The goal is to lend a helping hand and gain a client for life. The app will be included as part of the East Coast firm's MC Start-up Package, which provides clients with incorporation and registration; issuance of shares; stock-option plans; agreements; IP assignment; and one-on-one legal advice. "Qualified clients pay an upfront professional fee of $400. Then they don't receive another bill until they become funded," says Sandra Goodwin, the firm's managing director of client development and service in Halifax. The app will also be included in McInnes Cooper's retainer bundle. "This package has a fixed monthly fee that is tailored to each start-up and ensures certainty so that they can really focus on their next stage," says Good- win. "We developed these packages after talking to our start-up clients and other key players in our start-up community," she adds. "Our experience with these clients over the years has shown how important it is for founders to focus on their businesses without worrying about legal bills." At present, Legal Ninja is still in the testing phase. The focus here is on offer- ing as many relevant legal documents as possible and the platform, developed by one of the firm's tech clients Sharper Builds, is now being filled with the final content. — DM N.S. passes revamped cyberbullying law

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