Cyber-Bullying Law Introduced In Ontario

Ontario introduced a new legislation Tuesday to add cyber-bullying to the list of offences for which a student can be suspended or expelled from school.

Premier Dalton McGuinty said “bullying is bullying..whether you do it online by way of the latest technology or you’re doing it in person or over the old fashioned telephone, it still causes pain and suffering.”

Changes to the province’s Safe Schools Act were introduced to stop students from posting comments, pictures or videos attacking another student or teacher on popular online sites such as YouTube.

This is the first time either physical or online bullying will be formally prohibited in provincial schools.

“It’s unacceptable, and I’m proud of the fact our safe schools act will in fact broaden the ambit of offences and take into account bullying and cyber-bullying,” said McGuinty.

Education Minister Kathleen Wynne noted one recent incident where students at a suburban Toronto high school posted derogatory comments about the vice-principal on the popular website Facebook.com, and felt their right to free speech was being trampled when they were suspended.

“Bullying is not currently listed as an infraction, and it’s about time that we recognized the seriousness of these behaviours,” she said.

“We’ll be providing training to vice-principals and principals on how to apply discipline in a non-discriminatory manner, including considerations for anti-racism, cross-cultural differences and accommodating students with disabilities.”

“We must ensure that there are strong consequences for inappropriate behaviour, as well as provide programs so students can earn their way back into the classroom and complete their education.”

Wynne added that the government will provide $31 million next year to help troubled students who are expelled or suspended get a chance to return to school. 

Wynne also announced the zero-tolerance provisions in the Safe Schools Act will be eliminated and replaced with what she calls “a stronger and more rational approach to discipline.”

Liz Sandals, Wynne’s Parliamentary Assistant who carried out the review of the Safe Schools Act, said principals will be given new authority to deal with Internet-based bullying that often does not take place on school property.

Stu Auty, president of the Canadian Safe Schools Network, said Monday that many teens don’t realize how mean and brutal their actions are when they post something negative on-line about another student or teacher.

“There has got to be some education in this respect so kids can’t go through their life and do damaging things without having some understanding of what that means. It’s really quite profound.”

Auty said schoolyard bullying has always been a problem, but it is nothing compared with the widespread use and abuse of the Internet to target or mock other students and teachers.

Opposition Leader John Tory agrees with the idea of having specific measures to combat cyber-bullying.

“It really requires a lot of education and counseling of those people as to why it’s hurtful,” said Tory.

“If there are ways the Safe Schools Act can address bullying and make sure that there are sanctions in place for those who repeatedly bully — and programs to support those people so they don’t end up getting expelled, I would be quite happy to see that happen.”

NDP Leader Howard Hampton said schools need better financial resources to deal with bullying and other behavioural problems among students.

“You want to wipe out bullying in the school yard? You need to have better supervision in the lunchroom,” he warned.

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Safe School Act

What’s in the law now?

The province’s Safe School Act, called Bill 81, was passed in the year 2000.

Here’s a look at some of its provisions.

When can a student be expelled?

A lot depends on what they did. There are provisions for both temporary and permanent expulsions, centering on the nature of the infraction.

What constitutes an offence that could take things to a mandatory expulsion?

Here’s the list:

• Physical assault
• Threats of serious physical injury
• Extortion
• Sexual harassment
• Racial harassment
• Distribution of hate material
• Hate motivated violence
• Inappropriate use of electronic communications/media
• Possession or misuse of any harmful substances
• Fighting
• Bullying, intimidating, threatening
• Cyberbullying 
• Possession of an explosive substance

The Toronto District School Board added a few discretionary infractions of its own to the list. They include:

• Persistent truancy
• Persistent opposition to authority
• Habitual neglect of duty
• Willful destruction of school property; vandalism causing damage to school or Board property or property located on school or Board premises
• Use of profane or improper language
• Conduct injurious to the moral tone of the school or to the physical or mental well-being of others
• Use of tobacco
• Theft
• Aid/incite harmful behaviour

The decisions can be appealed but under the rules, a student under a full expulsion can’t attend any school in Ontario or be involved in any school related activities under the situation is resolved.

Principals can also set a return date in some cases.

Mandatory expulsions last a minimum of 21 days.

Sources: Canadian Safe School Network, Ministry Of Education, Ont. Human Rights Commission