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As Canada has not yet ratified this Additional Protocol to the Convention on cybercrime, its Criminal Code may not fully address the following criminal offences: Dissemination of racist and xenophobic material through computer systems; Racist and xenophobic motivated threat; Racist and xenophobic motivated insult
Cyberstalking specifically has been addressed in recent U.S. federal law. For example, the Violence Against Women Act, passed in 2000, made cyberstalking a part of the federal interstate stalking statute. [34] The current US Federal Anti-Cyber-Stalking law is found at 47 U.S.C. § 223. [45]
Cyberstalking a child under the age of 16 or a person of any age for which the offender has been ordered by the courts not to contact is considered "aggravated stalking," a third degree felony under Florida law. Cyberstalking in conjunction with a credible threat is also considered aggravated stalking. [31]
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; This right has generated some case law, as courts have struck down reverse onus clauses as violating the presumption of innocence. This first occurred in R. v. Oakes (1986) in respect to the Narcotics Control Act.
Section 13 of the Canadian Human Rights Act was a provision of the Canadian Human Rights Act dealing with hate messages. The provision prohibited online communications which were "likely to expose a person or persons to hatred or contempt" on the basis of a prohibited ground of discrimination (such as race, national or ethnic origin, colour, religion, etc.).
R. v. Smith [1] was the first case in which section 12 was considered by the Supreme Court of Canada.The Court, however, could and did follow previous interpretations of cruel and unusual punishments in pre-Charter case law, namely Miller and Cockriell v.
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...
limits on freedom of expression are accepted as in Canada (art. 10(2) ECHR: "subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society"); limits on freedom of peaceable assembly and free association are accepted in Canada as well (art.