Context matters with social media threats
When it comes to uttering threats on social media, context matters, Toronto criminal lawyer Patrice Band writes in Lawyers Weekly. Read Lawyers Weekly
“Gregory Alan Elliott was charged with criminal harassment for repeatedly communicating with a woman through Twitter. In one radio report, the detective commented that such cases are novel and that social media will continue to be a vehicle for criminal activity,” writes Band.
“By its nature, law often lags behind technology. So is Canada’s criminal law on uttering threats in step with the technology and culture of social media?”
Band writes that social media has been referred to in Canadian courts for some time now, with postings being entered as evidence, used in cross-examination or as the basis of dismissals for cause.
Cases dealing with uttering threats on social media, however, are less common, he writes.
“While the law of uttering threats will certainly need to develop to reflect our use of social media, the broad language of s. 264.1(1) seems up to the task,” writes Band. “Where police, prosecutors, defence counsel and courts will need to concentrate is on the context of the threatening words.”
