BILL No. 27 - Intimate Images and Cyber-protection Act. - Second Reading
MS. CLAUDIA CHENDER « » : It's a privilege to stand in this House and speak to this bill. I concur with much of what I have heard from both of my colleagues, but I will add a few comments.
When the original Cyber-safety Act was passed with all-Party support, emotions were obviously running high, as in many cases, they still are. At that time, many Nova Scotians wanted government to take swift legislative action in response to the death of Rehtaeh Parsons. Her death was a tragedy. One can only imagine the level of anguish she must have felt as a result of her experience, anguish that was so severe she chose to attempt to commit suicide, suffering injuries that later claimed her life, as we all know.
Some felt that if legislation had been in place, it may have helped deter those who targeted her. Others felt the resulting legislation didn't go far enough. One thing everyone could agree on was the need to do more to protect youth and adults alike from cyberbullying.
Earlier during Budget Estimates, the minister and I had the opportunity to discuss the systemic cycles of victimhood in which women and girls often find themselves. I think we know that breaking this cycle or helping to break this cycle was part of the intention behind the original legislation that came before this House. I was pleased to hear the minister highlight that intention as part of this legislation as well.
We all know that, as a society, we're racing to catch up with the dizzying pace of technological advancement. As a legislative body, we're also racing to regulate it.
There are so many tragic examples of cyberbullying and of bullying in general. We've heard about Rehtaeh Parsons tonight and at other times on the floor of this House. We've heard from the member for Pictou West about her own experiences.
I just want to take a moment to note that for every tragic incident we hear about, there are thousands of mundane incidents - or incidents that seem mundane, because they haven't yet become tragic. That's part of the reason we're moving to legislate in this area, that we're moving to act in this area. For those of us who are technological adopters, which I think would include almost all of us in this House, we still understand the difference between saying something and putting something online. I don't think a lot of people who were born into the technologies we currently have fully appreciate that difference, or have the capacity to appreciate that difference in the way that I'd say we - almost all of us - do.
I think that in addition to legislating, we also - I would echo the comments we've heard here about the importance of the work of the CyberSCAN unit, among others, in the educative piece. I think that's so important, and nipping it in the bud - just a conversation with kids in school about what is appropriate online behaviour and what isn't. I think in many cases, people don't know.
That being said, to speak for a moment to the previous bill, we know that when actions are taken in haste, the result can often be less than measured. The Cyber-safety Act, as was discussed, was the first law passed in Canada aimed at protecting victims of online harassment. It was created to fill a gap.
As legislators, of course, we depend on the courts to provide a level of legal oversight with regard to the laws passed here in this House. We got that oversight. The Supreme Court of Nova Scotia struck down the law for violations of Sections 2b and 7 of the Charter of Rights and Freedoms.
This, and any situation like this - and I made the same comment with regard to the Adult Capacity and Decision-making bill - is an opportunity, I think. It's unfortunate that the opportunity presents itself in this way, but it's an opportunity for us to get it right and take a more measured approach and improve upon the shortcomings of the original legislation.
The government has assured us of its extensive consultations before bringing this bill to the House. We are told that the bill attempts to answer the shortcomings of the original legislation. We've heard the minister speak in some detail about how this bill does that, and I'm glad to see this effort being made.
I think that, as I just spoke about, trying to stay ahead of the curve of technology is a huge challenge, so in this bill - as with all legislation, but this bill in particular - I would say it's even more important that we have a system that has checks and balances, and can breathe and grow.
I'm glad to see a mandatory review mechanism. I think it will be required. I think we will continue to deal with different challenges, and we will need to continue to find different ways to address those challenges. We'll see whether or not five years is the right period of time.
Following the Rehtaeh Parsons case, the province initiated an independent review of the response. That was the Segal report, which was referenced earlier. I'm hopeful that the recommendations will improve future responses to similar situations, and I'm very glad to hear the minister say that so many of those recommendations have been implemented.
Here in Nova Scotia, of course, we have another form of legislative oversight, and that is the Committee on Law Amendments process, which provides a unique opportunity for Nova Scotians to voice their support or concerns for a piece of pending legislation. I would echo the comments of my colleague here and urge the minister to at least call the bill in the Committee on Law Amendments in this sitting. If it turns out that there is such a groundswell and so much more consultation needed that we can't get it through this session, well then so be it. But I for one, particularly as a member of that committee, would be eager to give the public the opportunity to come and have their voice heard on this legislation.
For me, pardon the colloquialism, I would say the jury is out on this one. I will be looking to the voices of those folks who show up before the Committee on Law Amendments and give us some more fulsome opinions about whether or not they think that we've struck the right balance here. Thank you.
Published by Order of the Legislature by Hansard Reporting Services and printed by the Queen's Printer.
Available on INTERNET at http://nslegislature.ca/index.php/proceedings/hansard/