'It's not the Wild West online anymore, and conduct that would be criminal anywhere is going to be investigated online as well,' says a lawyer with the British Columbia Civil Liberties Association.
VANCOUVER — A lawyer with the British Columbia Civil Liberties Association says it's wise to remember that even though charges over offensive social media activity are rare, online posts exist in real life and involve real people.
"But it is not an offence to be racially offensive, in the criminal sense. It's conduct that we may want to socially discourage — but when it comes to the power of the state to lock you in a cage, you should be OK with just being racially offensive, as long as it doesn't cross the threshold of advocating genocide or publicly inciting hatred against an identifiable group."
Jackson said it's difficult to speak specifically on the Chilliwack case without knowing more details. Laws prohibit the wilful promotion of hatred or public incitement of hatred against a specific group as well as the promotion of genocide. "Depending on what the facts are, this may well be a criminal harassment, which can be repeated communications that cause another person to reasonably fear for their safety or the safety of anyone they know," Jackson said.
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