Self-represented applicant Gail Ruth Benoit sought a cyber-protection order under the Intimate Images and Cyber-Protection Act against the Facebook group “Stop Gail Benoit From Ever Dealing With Dogs” and its administrator, Elizabeth Langille.
Ms. Benoit had previously been found guilty in Court proceedings concerning the mistreatment of animals, specifically dogs, and their sale, and her appeals were later dismissed and convictions upheld for breaches of the Animal Cruelty Act and assaulting a peace officer (para. 6): the history can be found here.
The Facebook group in question contained numerous posts targeting Ms. Benoit, including threats of violence, intimidation, and ongoing surveillance, which she included in her submissions to the Court. She argued that these posts amounted to cyber-bullying under the statute.
While the Court acknowledged that some of the communications in the group were true as Ms. Benoit had been found guilty of causing harm to animals, “that truth is inextricably linked with encouragement of surveillance of Ms. Benoit in the community and of condoning violence toward her on an ongoing basis for the potential of future conflicts with the law” (para. 30). The Court was satisfied that the group’s activities amounted to recklessness creating a risk of harm to Ms. Benoit, and that the Facebook group “Stop Gail Benoit From Ever Dealing With Dogs” and its posts met the definition of cyber-bullying set out in the Cyber-Protection Act (paras. 31-32). It was determined that the respondent, Stop Gail Benoit, and its administrator, Elizabeth Langille, engaged in cyber-bullying.
It was ordered that that Ms. Langille is prohibited from contacting Ms. Benoit and from making any further communications that would be cyber-bullying via Facebook and specifically her group “Stop Gail Benoit From Ever Dealing With Dogs”, which was ordered taken down along with any communications via Facebook or otherwise that encouraged violence or threats of violence against Ms. Benoit in accordance with section 6 of the Act.
This case is relevant as it reflects the increasing use of social media to communicate and organize within communities.
https://canlii.ca/t/k992f