The document discusses cyberbullying and the law. It outlines sections of the Criminal Code of Canada that police can use when investigating cyberbullying cases, such as uttering threats, criminal harassment, and hate crimes. It also describes challenges for police in gathering evidence for these cases when the identity of the online bully can be hidden. Statistics on cyberbullying cases from 2011 are provided. The role and responsibilities of schools to address cyberbullying are discussed, as well as prevention through education and awareness programs.

1. Cyberbullying and The Law
Minister’s Advisory Committee on Positive
Learning & Working Environments
December 2, 2011
RCMP-CPO Lisa Williams

2. Cyberbullying is :

3. Why is Cyberbullying on the rise?

6. How the Police Addresses Cyberbullying
• The Criminal Code of Canada is the guidelines that police officers follow
when dealing with investigations.
• The following sections that could deal with Cyberbullying are :
Section 264.1 CCC – Uttering Threats
– Threats to cause death or bodily harm
– Threats to burn, destroy or damage personal property
Section 264 CCC – Criminal Harassment- no person shall engage in conduct
that causes the other person reasonably, in all circumstances, to fear
for their safety or the safety of anyone known to them.
Section 319 CCC – Public Incitement of Hatred (Hate Crimes) – when
someone wilfully promotes hatred against any identifiable group.

7. Types of Cyberbullying that could lead to
investigation…
• Insulting – posting or spreading false information that will cause harm.
• Targeting – singling someone out and inviting others to attack.
• Identity Theft- pretending to be someone else to make it look like the
other person said something to the victim
• Uploading – sharing images of a person, in embarrassing situation,
without permission.
• Harassment – repeatedly sending someone nasty, mean and insulting
messages.
• Threats – online threats of bodily harm and/or death.

8. Challenges for Officers when investigating
Cyberbullying files…
• Identity: Proving who was actually typing/sending the
online (text, Facebook, e-mail) messages.
• Evidence Gathering: Unless the Subject of
Complaint(SOC) confesses to sending the message or
a witness that saw the SOC write and send the
messages provides a statement, it is very difficult to
charge.

9. • Provincial Statistics from January 1-December 1,2011
• Uttering Threats on Computer or Phone – 59 files
• 38 on computer (Facebook) – 8 had young persons involved
• 14 on cellphones(texting)– 4 had young persons involved
• Harassment on Computer or Phone– 17 files
» 10 on computer (Facebook) – 4 had young persons involved

10. • A perpetrator may be creating an unsafe environment
by making the target feel that she/he cannot go to
school without facing violence, teasing or exclusion.
• Schools are required to provide a safe environment
for their students and must take appropriate action
to do so.
• A school that does not do everything it can to provide
a safe environment can be sued by the target(s).

11. What can schools do to prevent
cyberbullying ?
• Interventions in a timely fashion.
• Closer monitoring of student activity on school computers.
• Discussion with Principal/Vice Principal
• Parental Contact/Meeting
• Meeting with Anti-Bullying Committee (if one in the school)
• Detention
• Referral to Guidance
• Referral to Police for investigation, when suitable

12. •
Awareness and Education are the Keys to the
.
prevention of Cyberbullying
• Schools need to develop a comprehensive approach to
address cyberbullying that includes:
• Engaging in participatory planning that involves current
school-based programs and non-school participants-police,
parents and community groups and agencies.
• Conducting a needs assessment
• Ensuring that an effective anti-bullying program is in place.