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The Court’s decision in R. v. Elliott, 2016 ONCJ 35 is notable for family law practitioners as the first criminal harassment case in Canada involving Twitter. The events leading up to R. v. Elliott began in 2012, when Stephanie Guthrie met Elliott and considered hiring him to design a poster for an event she was helping to organize.
- A Little Background
- Listening in on The Public Square
- Proof The Accused Sent The Tweets
- The Fragility and Completeness of Electronic Evidence
- Selectivity in Relying on Search Results
- Twitter Discourse Is Not A Free-For-All
The case stemmed from a dispute that took place over Twitterbetween the accused and, among others, the two complainants. Theaccused met one of the complainants once, but never met the other.An analysis of all of the tweets that were involved goes beyond thescope of this post. Suffice it to say that the exchanges were notalways a model of civil disc...
The allegedly harassing tweets and the context in which thetweets occurred were, of course, central to the entire case.However, no single tweet or group of tweets were alleged toconstitute the harassment. Instead, the harassment was alleged tooccur because of the total volume of tweets. Since one of thecomplainants had blocked the accused on Twitte...
The charges of criminal harassment did not require theprosecution to prove that the accused meant what he said in thetweets. But it was necessary to prove that the accused sent them.But the fact that they were sent by the accused was hearsay. At aminimum, it was necessary to establish a link between the accusedand the handle from which the tweet al...
There were numerous problems with printing out the tweetsobtained through social media listening software. The searchesusing the social media listening software did not always yieldcomplete records of the tweets. The tweets were garbled withpunctuation being displayed as symbols. Links and attachmentswere not available. To remedy the deficiencies, ...
Another problem for the prosecution was establishing the contextfor the tweets. If only the tweets produced by the search resultshad been authenticated and introduced into evidence, theprosecution would have failed to prove the context of a tweet ifthe court could not give meaning to the content of the tweetwithout resort to other tweets or the lin...
Although the charges against the accused were dismissed, thecourt did not find that anything goes on Twitter. Clearly, messagesthat are threatening can be objectively harassing. It is alsopossible that the total volume of messages could be objectivelyharassing if the complainant tells the user that the volume isharassing, blocks the user and does n...
Jan 25, 2016 · On Friday, January 22, 2016, the Ontario Court of Justice released reasons in R. v. Elliott, 2016 ONCJ 35.The case involved allegations that the accused engaged in criminal harassment of two women ...
son, Elliott, was born on November 1st, 1990. Not long after Elliott’s birth, the marriage began to encounter difficulties. There were disagreements leading to arguments. Therapists were consulted. By the beginning of 1994 the marriage was virtually dead. In July 1994 the wife left the home, taking the two children with her.
Jan 28, 2016 · “Reddy the Fox” lived for his family, adored his wife and was a big fan of Boogie Woogie music. Charming, lovable and a handful…. he will be missed. A celebration of Red’s life will be held at Tubman Funeral Homes- Westboro Chapel, 403 Richmond Rd , Ottawa (at Roosevelt) on Monday, February 1, 2016 from 7-9 p.m.
Marriages are recorded in civil registration and/or in parish registers / church records. Our Births, Marriages and Deaths Recorded in Canada database is an index to a few collections held at Library and Archives Canada that include some references to marriages. Be sure to read the database section called The records, to find out what records ...
Jul 6, 2012 · They took away evidence and destroyed a confession letter by their son Elliot, 20, after he strangled Emily Longley, 17, in his bed at the family home. Elliot Turner was convicted of murder at ...
