Dr. T.J. McIntyre:

Absolutely, we do. There is a problem. I hope members will forgive the comparison, but in some ways it is a little like Brexit. There are vague complaints in some cases and lofty goals in others, but when it comes to implementing them in a legal text, things become very difficult. There have been several attempts in the United States and Canada to codify bullying offences, online bullying offences in particular. In every case they have been struck down as insufficiently precise and too vague to be enforceable under the criminal law. That is the situation in Canada where the law is more reflective of the European system and weighted towards the interests of individuals, as well as in the United States where there are strong rights under the First Amendment.

If it is helpful to the committee, I can provide links to some of the cases after the meeting.