Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Appellant's factum, A.B. v. Bragg

Appellant's factum, A.B. v. Bragg

Ratings: (0)|Views: 3,408|Likes:
Published by Drew Hasselback
Appellant's factum in Facebook bullying case that will be argued before Supreme Court of Canada on May 9
Appellant's factum in Facebook bullying case that will be argued before Supreme Court of Canada on May 9

More info:

Published by: Drew Hasselback on May 10, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/27/2013

pdf

text

original

 
 
File number: 34240IN THE SUPREME COURT OF CANADA(ON APPEAL FROM THE NOVA SCOTIA COURT OF APPEAL)BETWEEN:
A.B. by her Litigation Guardian, C.D.
Appellantand
Bragg Communications Incorporated, a body corporate, andThe Halifax Herald Limited, a body corporate
Respondents
 ___________________________________________________________________________
 
REDACTED
APPELLANT’S FACTUM
Publication Ban – Order of Justice Fish dated May 25, 2011_________________________________________________________
__________________
Michelle Awad, Q.C./Jane O’NeillMcInnes Cooper
1300 - 1969 Upper Water StreetHalifax, Nova Scotia B3J 2V1Tel.: (902) 425-6500Fax: (902) 425-6350 jane.oneill@mcinnescooper.com 
Counsel for the AppellantPatricia J. Wilson, AgentOsler, Hoskin & Harcourt LLP
 Suite 1900, 340 Albert StreetOttawa, ON K1R 7Y6Tel: (613) 797-1009Fax: (613) 235-2867pwilson@osler.com 
Ottawa Agent for the Appellant
Kimberley Hayes801-6080 Young StreetHalifax, NS B3K 5M3
Counsel for BraggCommunications Incorporated
Nancy G. RubinStewart McKelvey900-1959 Upper Water St.Halifax, NS B3J2X2Tel: (902) 420-3200Fax: (902) 420-1417nrubin@stewartmckelvey.com 
Counsel for the Halifax Herald
Jeffrey W. BeedallMcMillan LLP50 O’Connor StreetOttawa, ON K1P 6L2Tel: (613) 232-7171Fax: (613) 231-3191 jeff.beedall@mcmillan.ca
 Ottawa Agent for the Halifax Herald
 
 
TABLE OF CONTENTSPART I – OVERVIEW AND FACTS
1A.
 
Overview 1B.
 
Detailed Background 6
PART II – ISSUES ON APPEAL
11
PART III – STATEMENT OF ARGUMENT
12A.
 
OVERVIEW 12B.
 
LIMITS ON THE OPEN COURT PRINCIPLES 13COMPETING SOCIAL VALUESD. SOCIAL VALUES OF SUPERORDINATE IMPORTANCE 221.
 
The Protection of Children 232.
 
The Right to Privacy 283.
 
Access to Justice 31E. BALANCING OF COMPETING VALUES 32F. COSTS FOR MEDIA INTERVENORS 35G. CONCLUSION 37
PART IV – SUBMISSIONS ON COSTS
39
PART V – ORDER SOUGHT
40
PART VI – TABLE OF AUTHORITIES
41
PART VII – LEGISLATIVE PROVISIONS
45
 
 
PART I - OVERVIEW AND FACTSA.
 
OVERVIEW
1.
 
A young girl who was the subject of a sexualized fake Facebook profile page posted byan unknown cyber bully, looked to the courts for help in finding the identity of thatbully. Her father, acting as her litigation guardian, asked the court to prevent anyfurther harm to her by allowing her to bring a motion without having to reveal her nameand without having the sexualized content on the Facebook page republished.2.
 
While the internet service provider which has the identifying information, BraggCommunications Inc. (“Eastlink”), did not take any position on the motion, two mediaoutlets vigorously opposed the girl’s request, demanding that the open court principleand freedom of expression required that she identify herself if she wanted the court toprovide her with a remedy. The two media outlets argued that the Court could not takenotice of the harm that would be caused to this young girl if she were required to revealherself. They argued that someone should swear an affidavit opining that the younggirl will suffer harm and providing evidence about her mental state. The two mediaoutlets also argued that if the young girl wants the court to assist her in finding theperson who bullied her, she has to reveal herself as the victim and allow the media torepublish the content of the fake Facebook profile.3.
 
The balance between the protection of children and the media’s right to report on courtproceedings is at the heart of this case. The regulation of media and freedom of expression in any civilized society requires a balance between the recognition of freeexpression and the protection of the vulnerable. When different values collide, namely,freedom of expression and the protection of children, the courts must strike theappropriate balance between them. In this case, the protection of a young girl is asuperordinate social value that takes precedence over the media’s right to report oncourt proceedings in a manner that will reveal the child’s identity.4.
 
In the age of the internet, a young person’s online identity can be as important as heroff-line identity and bullying is rampant in the virtual playground. Today’s

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->