If I had a dime for every time I’ve said to my kids “Can you please look up from your screen and give this the attention it deserves,” I’d be a wealthy woman. We’re all familiar with the electronic intruders that have taken over our lives. The influencers that mesmerize and hypnotize. The formidable opponents we continue to fight against. As adults, we are not innocent either.
And so as 2012 draws to a close and I contemplate goals and resolutions for the start of a fresh year, I vow to become more aware of what I am modelling. I vow to put my laptop aside and to focus less on screens and more on faces. I vow to let emails wait a little longer before responding so that I can give my children the attention I am asking from them, and to not be slave to my Blackberry.
A couple of weeks ago, in preparation for this, and as we approached time off work and school, I proposed a challenge and an opportunity to my family over Christmas and Boxing Day. I suggested that we take a two day hiatus from all personal electronic devices – laptops, iPads, iPods, cell phones and video games. Everyone agreed. I think the kids saw it as more of a challenge than an opportunity, but I didn’t mind why they agreed to it. I was just happy they did.
Since we don’t celebrate Christmas, we weren’t obliged to follow any particular tradition. So, this was precedent setting. As our start time of 7pm on Christmas Eve approached, I changed my bbm status to alert my friends that I would be turning off for a couple of days. I responded to pending emails, completed work on unfinished word documents and then pulled the plug. So as to resist my Pavlovian response to the red flashing light on my Blackberry, I purposely placed my cell phone face down on the dining room table. Then we lined our laptops and other hand held devices alongside each other on the same table – a symbol of our commitment to see this through together.
Immediately, I felt a sense of peace and calm. It felt good knowing that we would not be distracted by any electronic device for a couple of days. We enjoyed dinner together free of any interruptions and then pulled out a game we had recently been given as a gift – LOGO. The focus was on the game and each other. I felt a sense of connectedness and enjoyment at such a simple pleasure. After the game, we watched a movie on TV while sharing popcorn. When it was time for bed, the kids had their lights out much quicker than usual. The familiar glare of an electronic screen was gone. There was nothing to keep them mesmerized and cross eyed into the wee hours of the morning. We all slept well.
Day one of remaining unplugged and we woke to the smell of waffles from the kitchen. My husband, who often enjoys starting his day with a coffee and games on his iPad, was looking for something creative to do. In his quest, he stumbled upon the waffle maker tucked away in the workshop area. The aroma of freshly make chocolate chip waffles wafted upstairs and we hurried down to enjoy them while they were still fresh and hot.
A discussion about this being an opportunity to organize neglected areas of our home arose and once again, with no electronic distractions, the kids and my husband were open to this. It was so refreshing to see everyone engaged and involved, working together as a team. At certain points during the day, I was thrilled to see family members reading a book or chatting with one another. Everyone seemed more relaxed, less frustrated. I didn’t have to nag as much to get things done. I found everyone more willing and able to hear one another rather than being disengaged or immersed in his or her own world. Later we played Catopoly - a variation of Monopoly. I won! We ate more popcorn, watched another movie on TV, talked at length as a family about the pros and cons of Chloe purchasing a television for her bedroom.
On the second night of our challenge, we found Chloe sneaking a peek on her Facebook account at a friend’s house, on his computer. Her sister was mad as hell, saying that she had broken her commitment to our family but Chloe begged forgiveness, saying that hers was a temporary moment of weakness.
Day two and the kids were getting edgy and going through withdrawal. Since Chloe was going to sleep overnight at a friend out of town, and I wanted her to be in touch when she got to her destination, we decided to end our no electronic device agreement a little earlier than planned.
Despite their eagerness (and ours) to check emails, catch up on new posts and twitter comments and to get back into the virtually real world, we agreed that for the most part, our 40 hours of not being plugged into our devices had allowed us to be more plugged into one another. It had given us time to bond, to be free of a big distraction, to be more productive and to enjoy simple pleasures together. Granted – like any addiction, this was difficult at times. We had to resist succumbing to urges and had to find ways to distract ourselves, but it was certainly worth it.
Unfortunately it didn’t take long before we were all off in our own little worlds again, communicating silently with invisible friends. Now, like a reformed smoker, I especially abhor the intruder that so easily captivates and captures us away from one another.
One of my goals for 2013 is to work with my family at overcoming the powerful pull of electronic devices and to make more time for one another. I encourage yours to embrace this opportunity too.
Sara Dimerman has been an individual, couple and family therapist for over twenty years. She is one of North America’s most trusted parenting and relationship experts and the author of three books - ‘Am I A Normal Parent?’, ‘Character Is the Key’ and a book for couples – ‘How can I be your Lover when I’m too Busy Being your Mother?’ Learn more or listen to advice from Sara and her colleagues by searching for ‘helpmesara’ podcasts on iTunes or by visiting www.helpmesara.com. Check out her Facebook page at www.facebook.com/saradimermanhelpmesara or follow Sara on Twitter @helpmesara.
There can often be a fine line between online ranting and an actual criminal threat. In fact, it is important to recognize that some online messages may not only offend, but may be considered so egregious that they result in criminal charges against the person sending the message.
Section 264.1 of the Canadian Criminal Code states that everyone who knowingly conveys some intent to cause bodily harm, damage property belonging to another, or harm someone’s pet is guilty of the crime of uttering a threat. There is a subsection of this offense which specifically outlaws uttering threats involving a death threat. In Canadian criminal law, in order for one to be guilty of uttering threats, he or she must have the requisite mental state, which is underlined by the term “knowingly” in the aforementioned Criminal Code statute.
In the Ontario Court of Justice ruling of R v Lee, 2010 ONCJ 291 (CanLII), the court determined that the mental state of an accused will be viewed objectively when deciding whether a defendant facing an uttering threat charge is guilty or not. If a subjectivemeasure of intent to issue a threat was employed by the courts to assess criminal liability under section 264.1 of the Criminal Code, the accused person facing an uttering threat chargewould be able to successfully use the defense that they were joking, expressing artistic freedom or otherwise did not intend to frighten; the difficulty in ascertaining the defendant’s true feelings and mental state at the time the statement was made would render the a charge of uttering a threat difficult to prosecute.
The objective standard that is actually used by courts in assessing whether an accused person intends to issue a criminal threat means, according to the Ontario court of Justice in R v Lee,supra, that a court will look at: the context in which the offensive words were used, the specific words used, to whom the words were directed, and, lastly, any potential explanation by the defendant.[1] All these factors together will determine whether an alleged threat is sufficient to warrant a conviction for uttering a threat or not.
Looking at the enumerated factors which the court employs to assess objectivity, it appears that a court is simply using common sense when deciding whether a statement is a criminal threat. Often, when messages are being exchanged online, through social media or email, most internet users are behind their computer screens in the in the safety of a home or a crowded cafe. Hence, online posts do not have the immediacy and import of a face-to-face conversation. In addition, online ranting is commonplace across forums all over the internet, and often times dismissed by readers as just harmless, yet irritating, chatter. Hence, this raises the important issue of when heated or spirited language will be seen as less of an internet diatribe and more of a real attempt to cause someone, or something belonging to another, to believe he or she will come to harm.
In R. v. Sather, 2008 ONCJ 98 (CanLII), a Toronto court case tried in 2008, a defendant, Daniel Sather, was charged with uttering threats for messages posted on Facebook. These messages stemmed from a custody dispute that flared up after Sather’s child had been removed from his home by the Children’s Aid Society (CAS).[2] Sather, angered at this development, created a Facebook petition against the CAS, where his postings were found, and reported to police, by a CAS employee.[3] The postings expressed great anger towards the CAS and Sather promised to find out which CAS worker had taken his child and intimated he would have some type of revenge.[4]
The court in Sather’s case conceded that Sather’s postings would perturb any reasonable person, but these postings were on Facebook only and no direct threats, calls or messages were made via telephone or through email that would have reached CAS itself. [5] The court explained that although Sather alluded to a worker in CAS, no specific name was mentioned and evidence was presented to support the notion that Facebook posts can be used to blow off steam and embellish character, especially since the posts will be seen primarily by Sather’s Facebook “friends,” users linked to Sather’s Facebook account, who are likely to be sympathetic to his point of view.[6] Hence, Sather was found not guilty of two counts of uttering threats. [7]
In R v Lee, supra the accused person in the case, Harold Lee was charged with uttering threats for offensive postings on his Facebook site that included references to death and the Virginia Tech tragedy.[8] Again, the Ontario Court of Justice in Lee’s case acquitted Lee stating that although Lee’s posts were deplorable and alarming, they were only likely seen by authorized individuals connected to his Facebook profile, known as “friends,” and hence, did not seem to be directed at anyone in particular; in the eyes of the court, the posts were not intended to intimidate the only people who were likely to see them, Lee’s Facebook friends. In addition, the court also accepted that Lee’s explanation that his job as a coroner had such a profound effect on him that he chose to write about his experience of death in a manner that causes alarm, but did not intend to instill fear or panic at any person in particular.
Case law in the area of threats on Facebook is scarce, but the rulings in the aforementioned Ontario cases appear to convey the message that in order for the court convict a person of issuing a criminal threat for a Facebook posting, that posting cannot merely be suspected to be a legitimate threat, it must be directed to some person or group in particular, and also, the post or message must be sent to or posted with the intention of reaching the specified group. Hence, in Lee and Sather, only the defendant’s Facebook “friends” could see their rants, and the offensive materials did not appear to be directly at any of these friends, whether individually or collectively.If the postings had been sent as a direct message to another user on Facebook, or the posts had mentioned someone by name who would come to harm, the outcome of the above cases would likely have been different.
It appears that a Facebook rant can certainly lead to arrest, but it will not likely result in a criminal conviction unless the perceived threat is sent directly to the person or group that is subject to the rant. In both court cases mentioned in this article, it appears that the court is saying, communication of a perceived threat that is more direct, naming a specific target or sent to a person or group directly, will make a threat seem more real – real enough to convict!
Folabi Laseinde is a Criminal Defense Attorney and Partner at Rusonik, O’Connor, Robbins, Ross, Gorham & Angelini LLP. You can reach him by email at Laseinde@CriminalTrialLawyers.ca or by phone at 416 598 5740.
In today’s world almost everyone is a photographer and videographer of some sorts. The digital era has created a generation where photos and videos of almost every object on earth exist in infinite amounts. Although it may appear illogical, illegal objects are routinely captured in photos and videos. More specifically, photos and videos of people holding weapons are routinely taken and disseminated on the internet. This begs the question of what the potential penal consequences of creating a photo or video of a weapon are. This article seeks to ensure that childish naivety or desire to be cool and popular does not lead to contact with the criminal justice system.
What is a Weapon?
Some items are obviously weapons, for example firearms, tear gas, mace, tasers. These items are either “prohibited”, or “restricted” weapons and simply having possession of these items is illegal unless the person possesses a valid license or authorization.
In contrast, other objects which are not codified as restricted or prohibited weapons are not as easily recognizable as objects which could lead to criminal charges. Parliament has intentionally defined what constitutes a “weapon” in a manner which can capture a wide range of objects. The Criminal Code of Canada (the Code) defines a “weapon” as follows:
“weapon” means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes a firearm;
The law is clear on one point, “any thing” can be a weapon in Canada. The determining factor on whether an object will be deemed to be a weapon in law depends on whether the object was designed, used, or intended to be used to injure, threaten or intimidate another person. These objects are illegal to possess when they are concealed (Carrying a concealed weapon), and /or when they are possessed for a purpose dangerous to the public peace (Weapons Dangerous).
By way of analogy, a beer bottle is not a weapon, but if you hold it up and threaten to hit someone with it at a bar you are arguably committing the offence of Weapons Dangerous. Similarly, if you are in a fight with someone and you hide a beer bottle in your waistband you are arguably committing the offence of carrying a concealed weapon. When attempting to ascertain if an object is a weapon the law requires you to ask yourself why you have possession of the item. If you are in possession of an object to threaten, intimidate, or injure someone you could be committing a criminal offence.
When are you in Possession of a Weapon?
The question of whether an item is a weapon, restricted weapon, or prohibited weapon does not have to be resolved unless someone is first in possession of the item. The Code defines possession as follows:
For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
The section mandates someone to be in possession of an item when it can be established that they had knowledge and control of the item. Regardless of the nature of the contraband, proving that someone was in possession of an object requires evidence of both knowledge and control.
Knowledge refers to evidencing that the accused knew about the presence of the impugned item(s). Control refers to having physical control or authority regarding the movements of the item. When both of these elements are established beyond a reasonable doubt possession has been proven.
The law is clear that someone can be in legal possession of an item when it is not on their person, or in their own home so long as they know what the item is and have placed it somewhere where they can control the movements of the item. Further, the law permits multiple people to be in possession of the same item when the individuals have knowingly consented to the item being secured somewhere. In the end, you can be in possession of an item when it is in your pocket, your car, your home, or any other location where you knowingly store the item and continue to have control over it.
How Photos can help prove a Case of Possession
The dangers of photos and videos depicting a weapon are that they can serve as incriminating evidence in many ways.
First, before a charge is laid the police have to become aware of a potential crime. Photos or videos which become public can stimulate an investigation. These same photos or videos can be used to assist the police in obtaining a search warrant for the place where they believe the object is stored. Being subjected to police interrogation, and/or the execution of a search warrant are experiences to be avoided. Even if a charge is never formally laid, avoiding these experiences alone is reason not to display, create, or possess photos of weapons.
Further, evidence of a crime can be direct or circumstantial, and photos or videos can be used as evidence in court. A photo or video of a weapon can help the Crown prove that you knew about the existence of a weapon because the photo may have you holding the item, or the photo may have been found in your phone, bedroom, or on your person. This type of evidence can be used to strengthen the case against you.
Furthermore, a photo or video can help prove that an object is in fact a weapon. For example, a photo could bare the make and model of an item and permit the Crown to obtain the same item independently. If the photo is clear, and most photos today are, the Crown could use the item they obtained in court to prove the item is a weapon and establish guilt notwithstanding that they have never seized the actual weapon. For example, a video could depict that a knife is a flick knife, and/or that it opens with centrifugal force which would make it a prohibited weapon. An image or video showing an individual possessing the weapon could make out a case of possession of a prohibited weapon.
Conclusion
Photos and videos of weapons create a risk that an individual will have contact with the criminal justice system. Whether a single photo or video could lead to a conviction for a criminal offence involving a weapon is a theoretical question that a parent need not answer. The answer is immaterial because simply being investigated, searched, and/or charged is ample reason to avoid taking videos or photos of weapons.
Hussein Aly’s practice is focused exclusively in criminal law. Hussein has successfully argued cases before the Ontario Court of Justice, Ontario Superior Court of Justice, and the Ontario Court of Appeal. He has defended cases ranging in severity from Shoplifting to First Degree Murder. Hussein has a particular interest in defending cases involving illegal stops and searches by the police.
Hussein believes both the very rich, and the very poor should always receive the same competent defence. He is committed to providing anyone who has the unfortunate experience of being criminally charged with the best defence imaginable.
As police agencies across North America continue to develop sophisticated techniques for detecting child pornography distributors on the internet, one wonders how easily the younger members of the family might carelessly post or send images which land them on the wrong side of the law. Do those pictures posted by your teenage daughter on Facebook or re-tweeted by your son qualify as child pornography? Since ignorance of the law is no defence, it’s your responsibility know the answer if you want your family to avoid an embarrassing investigation and potential prosecution.
The Criminal Code sets out the definitions of child pornography and the offences and sentences associated with them beginning at section 163.1. You can get all the exact wording yourself by reviewing the sections online, but child pornography is essentially defined as any depiction of a person under age 18 engaged in explicit sexual activity, or a depiction of a sexual organ or the anal region of a person under age 18 for a sexual purpose. These “depictions” can be photographs, drawings, or any graphic representation. In regards to images which depict a person under 18 engaged in sexual activity, the subject does not need to actually be under 18 to make out the offence, but must be merely depicted as under 18. The subject also does not have to be actually engaged in sexual activity, but may merely be depicted as being engaged in sexual activity.
The offences related to child pornography include making and publishing it, distributing it, possession, and access. “Access” means that it is a crime to even view something which qualifies as child pornography if you knew ahead of time what you were about look at. Creating child pornography is fairly self explanatory: if you played any role in taking the picture or making the image, then you’ve committed the offence. Distribution of child pornography makes any transfer of an image by any means a criminal offence.
The reader should be aware that the Criminal Code also sets out that any writing or recording which advocates, describes, or presents illegal sexual activity with a child can qualify as child pornography. In the interest of brevity, this article focuses only on child pornography images.
Police investigations of child pornography may be triggered by tips and complaints from the public or by intelligence gathered during other police investigations. Officers then have an array of tools and methods at their disposal to narrow where an image came from. They can use warrants to obtain the entire contents of an email account or social media profile, even the “deleted” materials. Every IP address used to access those accounts can be discovered, and then it is simply a matter of obtaining the physical address from the internet subscriber information for those IP addresses. After the source of the image is determined, everyone residing at the address becomes a potential target, but the residents may not learn anything about the investigation until police show up with a search warrant granting them authority to seize every piece of electronic storage media in the house.
Your family avoids all of this by knowing what kinds of images are dangerous. Whether your children are posting images of themselves or their friends, or passing along images of peers, certain material should be out of bounds. Based on the Criminal Code definitions, the range of potentially offending images includes nudity in which a sexual organ is even partially exposed. It would also include a photograph of any pose which suggests a feigned sexual act, a photograph of two teenagers engaged in some level of sexual interaction, or a crude drawing or graphic depicting a named under-age peer interacting with sexual organs or imagery.
This author will not attempt to flesh out all of the permutations of image production which lie within the creative limits of our young people. It should suffice to remind readers that that creating, replicating, and altering images has never been easier, and there has never been greater access to “inspiration” on the internet. The point to take away is that technology allows children themselves to easily offend the very child pornography laws that were intended to protect them. The best advice is to ensure that your children simply steer clear of viewing, sending, posting, or sharing any image of a person who might be under age 18 if it shows any nudity, sexual posing, feigned or pretended sexual activity, or any form of real sexual interaction.
Is there a real risk of criminal liability for your children? While a prosecutor may not want to take a teenager to all the way to trial for a trivial offence, that doesn’t mean that there won’t be arrests, searches and seizures of property, and stigmatizing accusations made at the investigative stage. The anonymity of the internet means the police may be able to narrow down the source of the image to your home, but they won’t necessarily be able to determine who put it on the internet. They can not be depended on to pre-emptively dismiss an offending image as a self-portrait sent out carelessly by a teenager as opposed to being an image collected by the father of the household for a sexual purpose.
The police may also be encouraged to lay charges by a parent of a teenager who has been depicted in a sexual manner in an image posted online by his or her peers. One can expect a parent to do almost anything to alleviate the embarrassment and social anxiety of cyber bullying. Alleging that an embarrassing image is child pornography is one tactic that a parent may take in order to get the image removed and to obtain sanction against the children who posted, shared, or commented on it. The prosecution does not readily drop charges, even against teenagers, when there is an apparent victim clamouring for justice.
There are of course defences to child pornography charges. These might include a lack of knowledge that the images were there or what was contained in them, or the fact that it can not be determined with any certainty who actually sent or posted a particular image even if it came from a particular person’s account. The Criminal Code even sets out specifically that no person will be convicted of a child pornography offence if the act alleged to constitute the offence “has a legitimate purpose related to the administration of justice or to science, medicine, education or art” and “does not pose an undue risk of harm to persons under the age of eighteen years.” Although these defences exist, being forced to rely on them at trial and hoping that a judge or jury agrees is a stressful, expensive, and drawn-out ordeal. Even if you win, it will feel like you have been punished.
The best defence is to know the offence. If you invest in ensuring that everyone in your family knows what qualifies as child pornography and the legal consequences of carelessly dealing with images online, then you’ve done everything to make sure that charges are never laid in the first place. Be persistent and proactive in guiding the online activities of the members of your family, and let the criminal defence lawyers help everyone else.
Tyler MacDonald is a criminal defence lawyer based in downtown Toronto. He is hired to defend clients against all manner of charges across Ontario. Throughout his legal education at the University of Western Ontario, he spent more time working at the student legal clinic and going to court to defend people who could not afford lawyers than going to lectures and studying for exams (he still managed to graduate in the top 10% of his class). Mr. MacDonald’s practice as a lawyer began as an associate with Pinkofskys Criminal Trial and Appeal Lawyers and he is now a partner with Rusonik, O’Connor, Robbins, Ross, Gorham & Angelini LLP. He is an ardent advocate for the maintenance and advancement of individual rights, police accountability, access to justice, and practical legal education. You can learn more about Mr. MacDonald’s practice at www.macdonaldcriminaldefence.com.
Criminal harassment is an offence under section 264 of the Criminal Code of Canada. It includes conduct that ranges from following someone or sitting outside a place that they are known to be, to repeated contact with an individual directly or through a third party, to actual verbal or physical threats to a person. This type of behaviour becomes criminal if an individual knows that their conduct is harassing the victim and when a victim reasonably fears for their safety or the safety of people they know. Even if an individual is reckless or willfully blind in knowing that their behaviour is harassing the victim, in other words, they should have known, the conduct can be considered criminal harassment. If an individual is honestly mistaken as to the fact that their behaviour is harassing someone, that can be used as a defence to criminal harassment.
With respect to the complainant being fearful, there is an objective element, in that his or her feat must be reasonable in all of the circumstances. R. v. Sillipp (1997), 120 C.C.C. (3d) 384 (Alta. C.A.), leave to appeal to S.C.C. refused. The question is whether the complainant felt harassed in the sense of feeling tormented, troubled, worried continually or chronically plagued, bedeviled or badgered. R. v. Kosikar (1999), 138 C.C.C. (3d) 217 (Ont. C.A.), leave to appeal to S.C.C. refused. Criminal harassment does not always involve repeated contact. A single incident can constitute threatening conduct. R. v. Kosikar, ibid. Further, in terms of age, under the Criminal Code, anyone over the age of 12 can be prosecuted. Individuals between the ages of 12-17 are prosecuted pursuant to the Youth Criminal Justice Act.
Criminal Harassment on the Internet
We are in an electronic age where the internet and social media are increasingly being used for daily communication. As such, the use of the internet in criminal harassment cases has also increased. A common form of criminal harassment among children and youth is cyber-stalking and cyber-bullying. This can take many forms such as inappropriate or threatening emails, Facebook posts, Twitter messages, blogs, pictures, instant messaging etc. While the content is often public, cyber bullies can be anonymous which makes it harder to identify and stop them. For instance, some people will use aliases or post under an “anonymous” username to hide their identity from the victim. Others may post under a name known to the victim; however, you cannot be completely certain that it is indeed that person posting without seeing who is behind the keyboard. For someone to be found guilty of criminal harassment, the prosecutor must prove beyond a reasonable doubt that the accused is the person who was the individual who sent the message(s).
There is a fine line between having fun and criminal harassment. It may be viewed as a continuum with mutual play being on one end and criminal harassment on the other. Mutual play is teasing when both parties are joking around and having fun. It rarely deals with a person’s race, religion, appearance or other personal characteristics. In the middle is conduct that is one sided, wherein the victim is not engaging in reciprocal behaviour and may in fact be hurt as a result of the other person’s actions. When this conduct becomes nasty at the expense of someone else and the victim is fearful, the behaviour is much closer to the criminal harassment end. Thus, not all bad behaviour would be considered criminal harassment under the Criminal Code. Signs from the victim that the behaviour is moving towards criminal harassment are unresponsiveness, not reciprocating the conduct, saying they are afraid or do not like the behaviour.
The line is crossed when conduct is deliberate and repeated, intending to harm, embarrass or slander the victim. At this point, the person acting in the negative way knows or ought to know that they are intimidating the victim and causing them to be fearful. Specific examples of how criminal harassment may occur via the internet are:
o Sending repeated offensive emails or instant messages, especially threatening ones, to an individual, their friends, family, schoolmates and/or co-workers
o Posting inappropriate comments, false accusations or rumours on social media sites
o Hacking or sending viruses to an individual (i.e. changing passwords; spamming)
o Creating websites or invading forums and leaving threatening comments or pictures about an individual
o Gathering personal information that can lead to offline stalking or soliciting violence
o Posing as the victim in an attempt to embarrass or slander
This behaviour could lead to charges of criminal harassment. Further, it may attract other charges under the Criminal Code such as unauthorized use of a computer, possession of a device to obtain computer service or mischief in relation to data.
Prevention and Reaction
It is important to teach children and youth not to engage in harassing behaviour. To ensure this, they need to be aware of the effects of cyber-bullying and the importance of respecting one another. Children should be taught to be positive leaders and not to give in to peer pressure involving hostile behaviour towards someone. They should be alerted to signs that tell them that their conduct may be hurting or intimidating someone so they know to stop before they cross the line. Taking an active role in children and youth’s internet usage through monitoring and discussing what they do online will minimize cases of criminal harassment. Parents should watch for patterns in their child’s behaviour as well as the content that their kids post or receive online.
It is also important to teach children and youth what to do if they or someone they know is being harassed. If an individual sees something online that appears to be harassing behaviour, they should consider reporting it to the website or to someone else, especially if it is repeated. Most social media websites have a way to anonymously report inappropriate content. While it may not be removed, it will alert the website to investigate further and either remove the content and/or warn the user who posted it. Most importantly, if the harassing behaviour is directed at your children, teach them not to respond or engage in the negative behaviour, rather block the user if possible and tell someone.
Conclusion
With the advent of the internet and social media, new forms of criminal harassment have arisen. While not all hostile behaviour online will be criminal, individuals should refrain from, and watch out for emails, posts and photos that are aimed at attacking or embarrassing an individual, especially when it is repeated. The line is crossed when the victim reasonably fears for their safety or the safety of others and the individual engaging in the appropriate behaviour knows or is reckless in knowing that their actions are harassing the victim. Parents must be aware of their children’s conduct online, as individuals as young as 12 can be charged with a criminal offence. They should teach their children to have fun while being respectful and it will make for a more enjoyable experience online, rather than a potentially criminal one.
Elizabeth Bristow, who likes to be known as Lisa, completed her Bachelor of Arts at the University of Windsor, majoring in Criminology and Communication Studies. She earned a Master’s degree in Sociology, specializing in Criminology at the University of Windsor. She completed her second year of her Master’s degree while in her first year of a joint law degree program at the University of Windsor and the University of Detroit Mercy.Lisa earned an LL.B. and a J.D. when she graduated from law school, allowing her to practice law in both Canada and the United States. In her graduating year, Lisa was the recipient of the John Whiteside Award for her involvement and dedication to the University of Windsor Law School.
Lisa was a summer law student with Pinkofskys Criminal Trial and Appeal Lawyers in 2010. She returned to the firm, under its new name, Rusonik, O’Connor, Robbins, Ross, Gorham & Angelini LLP, for the 2011/2012 term to complete her articles. Eager to begin her practice, she went straight from articling to practicing criminal law as a lawyer at the firm. She has experience defending cases in the Ontario Court of Justice, Superior Court of Justice and provincial offences court (i.e. traffic court).
Lisa practices throughout Ontario, primarily in the Greater Toronto Area and Southern Ontario. If you’d like to contact Lisa, you can reach her by phone at 416-598-5741 or email at bristow@criminaltriallawyers.ca.
YPT ANNOUNCES 2012/13 SEASON, DEDICATED TO THE THEME:
I WISH
“Wishes often come true… but they rarely come free.”
Young People’s Theatre (YPT) is proud to announce the 2012/13 playbill for its 47th season. This year, YPT will feature eight outstanding productions on two stages, including a North American premiere, a riveting true story, and the return of an audience favourite – each exploring the season theme, I Wish.
The 2012/13 playbill is all about hope: having powerful dreams of change, staying hopeful in the face of adversity, and sharing the positive effects of hope. It is the fervent wish of this company that every child who attends YPT’s plays and programs comes away with the flame of hope brightly alight in their hearts and minds.
“For a while, I have wanted to program a season around the phrase I Wish. Wishes often come true … but they rarely come free. As young people grow up, the need for them to connect actions with consequences becomes increasingly important. The reality that choices must be made is hard to accept. Does growing up mean the end of wishing?” ~ Allen MacInnis, Artistic Director.
YOUNG PEOPLE’S THEATRE 2012/13 PLAYBILL
I ON THE SKY
Written & Directed by Yves Simard
Produced by DynamO Théâtre
Mainstage | OCT 9–21, 2012 | Recommended for Grades 3-7
YPT audiences love DynamO Théâtre’s unique blend of dazzling acrobatics, vivid imagery and creative storytelling. In this compelling piece, a woman is forced to flee, leaving everything she knows behind in the hope for a better life. Alone in a park, she finds herself gazing at the sky, which becomes her only reference point. She reaches out to people walking by in the hope of recalling what it is she has lost. Could a young runaway girl hold the answers? Join us as this incomparable company takes us on a compelling journey of exile and isolation, where hope is found in the strength of others.
CINDERELLA – a RATical retelling
By Mike Kenny | North American Premiere
Mainstage | NOV 12-DEC 30, 2012 | Recommended for Grades JK-6 The true story of Cinderella has never been told before… at least according to her friends — five rats named Ears, Teeth, Claws, Tail and Whiskers. Cinderella yearns to go to the ball to dance the way her mom and dad once taught her. But Cinderella’s stepsisters have a different plan and they don’t want any competition in their quest to marry a Prince! As the five rats tell the story in their own unique way, we discover that it takes hard work to make wishes come true for maybe Princesses, reluctant Princes, selfish sisters and wistful rats! Written by Mike Kenny (The Railway Children), Cinderella is a fun-filled romp with witty songs and inventive storytelling, sure to spark young imaginations.
BINTI’S JOURNEY
Adapted by Marcia Johnson from the novel The Heaven Shop by Deborah Ellis
Produced by Theatre Direct
Studio | NOV 27-DEC 9, 2012 | Recommended for Grades 7-10 After losing her parents to HIV/AIDS, 13 year-old Binti Phiri journeys to her grandmother’s village where she finds the remarkable old woman in charge of a whole group of other orphans. Through the wisdom and caring of her grandmother, Binti discovers a new understanding of the power of family and community – and the necessity of hope when despair is all around. This Dora Award-nominated anthem to life is a tribute to the courage and determination of youth.
THE POWER OF HARRIET T!
By Michael Miller
Mainstage | FEB 4-23, 2013 | Recommended for Grades 4–8 This is the powerful, true story of Harriet Tubman, who led hundreds of slaves to freedom and inspired hope for thousands more. Born a slave in Maryland in 1820, Harriet escaped to freedom at the age of 29. Not content just to be free, she risked her newfound liberty again and again to lead more than 300 slaves to freedom in the Northern States and Canada. Playwright Michael Miller (Touch the Sky) uses fact, speculation, and deft theatricality to tell the riveting story of the Underground Railroad’s most famous “conductor”.
HERE TO HEAR By Linda A. Carson and Cathy Nosaty
Co-produced by YPT and Carousel Players
Studio | FEB 4–21, 2013 | Recommended for Grades JK-3 Here to Hear is a joyful, interactive play about hearing the world of music through different ears. Amanda and her dad don’t really agree on what music is. She likes to collect sounds from the audience and jam with them; he wants to perform the beautiful songs he has learned over the years. Just when it looks like there won’t be a concert at all, a surprise visitor turns things upside down. Together with the audience, Amanda and her father make a song that helps their visitor find the way home.
THE CAT CAME BACK
Co-Created by Fred Penner, Jay Brazeau & Kim Selody
Produced by Manitoba Theatre for Young People
Mainstage | FEB 28–MAR 16, 2013 | Recommended for Grades JK-3 The remarkable trio of Fred Penner, Jay Brazeau and Kim Selody have joined together to create a brand new play. Based on the song Fred made universally famous, this fanciful tale explores conflicting wishes – wanting a mischievous cat to go away versus wishing the affectionate feline would come back. In the play, a merry band of musicians help their grumpy neighbour Mr. Johnson and his curious cat negotiate a way to live together. Fantastical feline fun, first-rate performances and rockin’ music make this a show you and your children won’t want to miss!
BLUE PLANET
By Andri Snaer Magnason
Translated by Julian d’Arcy & Andri Snaer Magnason
In presentation with Nordiska ApS, Copenhagen
Recommended for Grades 3-8 | Mainstage | APR 2-MAY 2, 2013 Originally staged at YPT in 2005, Blue Planet returns due to popular demand! On a planet far out in space there are no adults, only children. These wild children – whose well of youthfulness has never run dry – play all day without anyone telling them what to do. When a mysterious salesman lands on their planet and grants them their most fervent wish – the ability to fly – an adventure ensues. The children don’t realize the price they have to pay to have everything they want until they discover their ability to fly is putting children on the other side of the planet in peril. Bravery and youthful ingenuity are needed to reverse the consequences of their actions. And in the end, everyone gets what they need and a little of what they wish for.
LA FUGUE
Created by Qui va là
Co-produced by SMCQ Jeunesse/Qui va là
Mainstage | MAY 6–16, 2013 | Recommended for Grades 8-12 Yohan, a recent runaway, is secretly in love with a young teenage girl who is a member of a street gang. How do we know? Yohan’s worried father has just received a box from the police containing some of his son’s belongings. Sorting through the box, he is able to gradually reconstruct the story of his missing son. Through a unique fusion of contemporary music and sophisticated puppetry, teen audiences will be awakened to both the allure and the danger of life on the street and, in the end, the need to stay connected to the people who care about us.
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Young People’s Theatre extends heartfelt thanks to Season Partner TD for their generous support. They also wish to thank lead Education Partner BMO Financial Group as well as lead Creative Excellence Partner RBC Foundation.
It is with sincere gratitude that YPT recognizes the incredible contribution of Ada Slaight, who provides access to our Education programs through scholarships and other initiatives. As well, we are very thankful to Gary & Donna Slaight & family for their ongoing support of YPT’s Resident Artist Educator Program.
YPT is also very grateful for the contribution of Accessibility Partners Great West Life, London Life, Canada Life and IA Clarington Investments & Industrial Alliance, as well as Government & Foundation Partners Canada Council for the Arts, Canadian Heritage, Ontario Arts Council and Toronto Arts Council.Single ticket prices for weekend family performances remain unchanged for the seventh year in a row – just $20 for adults and $15 for children (under 18) and grandparents (age 65+); HST and service charges are extra. Subscribers can save on already low ticket prices with YPT’s Show Combos, offeringdiscounts of up to 25%. Once again, the overwhelmingly popular First Saturday Savings returns, offering tickets at just $10 for the first Saturday in the run of most Mainstage shows.
Weekday performances for school groups are just $15 for students and teachers – including HST, with one FREE teacher/chaperone ticket for every 20 tickets purchased. Early bird Savings of 20% (all tickets just $12) are available to teachers booking by June 30, 2012.
Returning this year is YPT’s The First Bus is on Us program, funded by The Ontario Arts Council. This very successful program provides transportation subsidies for schools that have been unable to attend YPT in three or more years. Interested teachers should call 416.363.5131 x241 to see if their school qualifies.
With the generous assistance of Sun Life Financial, YPT is once again offering Pay-What-You-Can (PWYC) performances for all productions this season. PWYC tickets are available at the Box Office for weekend family shows on the day of performance only, with a suggested minimum contribution of $5 per ticket. For more information, visit youngpeoplestheatre.ca or call 416.862.2222.
We were referred to a great list of recommended tween books on Twitter in the last few days. It was from Candace, found at @seemummyjuggle. The list was inspired by her daughter, who is an avid reader. We are of course pleased to share the link she provided with you.
I recently engaged in a debate online with other parents about whether they thought the Teen Years or the Toddler Years were harder to survive. Depending on the age of your children, opinions vary, although I think that parents of toddlers who nod and say “I hear teens are worse” don’t really believe anything could be difficult than the perilous parenting of a tippy and tantrumingtoddler.Of course both ages and stages have their challenges, but the general consensus seemed to be that the teens were a little harder to take; mostly because they weren’t necessarily so cute anymore, and there was this whole bad attitude thing going on.The girls get snippy and the boys get surly; that’s what teenagers are made of.But as a Mom who has lived through a few toddlers through to their inevitable teenage stage, I know that there can be some great things about having these older kids in the house.So I decided to employ a public relations strategy aimed at the average teenager, and inspire those parents who are currently going through the toddler years, and who might be feeling a little dispirited to learn that it in fact doesn’t get any easier.
So, with some positive ink, here are the great qualities today’s teenagers have, supported by words from their own brace-laden mouths:
·Budding Independence:
§“I can manage my own life Mom.” Pause. “Can you make me a grilled cheese?”
·Critical Thinkers:
§“Are you wearing that? Like outside the house? Just asking. Okay then.”
·Clarity Seeking:
§“Oh, are you still talking?”
·Solution Focused:
§“What is the point of being fat? I mean, just stop eating. There. Done.”
·Philosophical:
§“What is the point of a parade? You just stand there and people go by and then it’s over.”
·Proud:
§“That’s just your work stuff. I have real work to do. You know, for school. For my future.”
·Curious:
§“What do you do all day? It’s not that important, right?”
·Logical:
§“But you’d have to drive me to this party if I didn’t borrow the car. So I’m saving you time. What’s your time worth anyway? Can you give me some money?”
·Comforting:
§“Mom. Seriously. Don’t worry about your hair. No one is looking at you anyway.”
·Mindful of Others, Especially Brothers:
§“Someone has to tell him he’s an idiot.”
·Efficient With Their Time:
§“Anyway I stopped listening 10 minutes ago. What?”
·Advisors:
§“Old people go to bed at 10:00, Mom”
·Helpful:
§“Could you buy some good food?”
Like many facets of parenting, it’s always beneficial to look on the positive side of things. But try not to take it too far when they’re toddlers.We’re on to you when say thing like:
·The great thing about the baby waking up at 2:00am is that we have quality bonding time together.(HE DOESN’T SLEEP!!!!)
·He’s really impossible to feed. Guess he has discerning tastes. (HE WON’T EAT!!!!)
·When he threw that toy at my head I know he would be a man who knew his own mind. (IF HE ATE AND SLEPT MORE HE WOULDN’T BE SO FUSSY!!!!)
Personally I embrace the more unpleasant qualities a teenager brings to the (dinner) table, versus his toddler counterpart. Not the least of which they made writing this article incredibly easy, as I stole all of their lines, literally, from them. Now who’s showing some attitude? And yes, I’m totally wearing this outside.
When not writing down everything her kids say, Kathy is hard at work on her next book, “I Am So The Boss Of You”, due out with McClelland & Stewart, Spring, 2013. Follow Kathy on twitter at www.twitter.com/kathybuckworth, and visit www.kathybuckworth.com(c) Kathy Buckworth 2011
Improvise! Second City’s improvisation class helps to access creativity, boost self-confidence and develop spontaneity and playfulness. Learn how to play fun improv games (like Who’s Line Is It Anyway). For experienced or amateur players.
CELEBRATION, Fla. – A first-of-its-kind water coaster that sends guests racing above the upper decks of the ship. An animated turtle that engages children in conversation about life in the ocean. A sophisticated lounge where the sun sets over the skyline of a different world-famous city each night. When the Disney Dream debuts on Jan. 26, 2011, the newest ship in the Disney Cruise Line fleet will bring to life these innovations and more.
The Disney Dream will take family cruising to all-new heights, embracing the spirit of innovation, magical family entertainment and immersive experiences that have made Disney Cruise Line the incomparable cruise of choice for families since 1998.
Disney Cruise Line revolutionized the cruise industry with ships designed especially for families. With the advent of the Disney Dream, preparations are underway to expand the one-of-a-kind family experience, utilizing technology to enhance the world-class entertainment and legendary guest services onboard. From stem to stern, the Disney Dream will offer a cruise experience that caters to each and every guest.
The Disney Dream features a remarkable interior design with a warm and welcoming feel throughout, providing the perfect blend of elegant art deco style and fun-filled Disney whimsy to create one of the most spectacular ships afloat. Distinctly Disney guest features aboard the ship include:
AquaDuck Water Coaster. . . Disney Cruise Line debuts a cruise-industry first: a shipboard water coaster … AquaDuck! Guests aboard the Disney Dream will get swept away on an exhilarating high-speed flume ride featuring twists, turns, drops, uphill acceleration and river rapids – all while traversing the upper decks of the ship.
• AquaDuck stretches 765 feet in length – more than two and a half times the length of a football field – and spans four decks in height.
• Guests slide 13 feet over the side of the ship in a translucent “swing out” loop allowing them to look down on the ocean 150 feet below.
• Guests experience coaster-like thrills as high-powered water jets push them upwards and forwards at 20 feet per second.
• AquaDuck continues through the forward funnel, encounters a 335-foot stretch of river rapids and splashes down to an end on Deck 12.
A Magical Porthole for Inside Staterooms. . .
Disney Cruise Line introduces another stateroom innovation with all inside staterooms on the Disney Dream featuring a Magical Porthole that provides guests with a real-time view outside the ship. High-definition cameras placed on the exterior of the ship feed live video to each Magical Porthole.
As guests observe the impressive outside views, they may glimpse a magical surprise: animated characters such as Peach the starfish from the Disney•Pixar film “Finding Nemo,” the flying balloon house from “UP” or even Mickey Mouse.
A Magical Oasis for Children . .
Only on a Disney Cruise Line ship can children become immersed in their favorite Disney stories with the help of caring counselors, beloved Disney characters and a sprinkling of pixie dust. The celebration of children’s creativity rises to a new level on the Disney Dream with nearly an entire deck of youth spaces designed to inspire, entertain and unlock the imagination of children ages three to 10.
At Disney’s Oceaneer Club, children can:
• Play among larger-than-life characters from Disney•Pixar’s “Toy Story” in Andy’s Room
• Explore the Laugh Floor with lovable monsters Mike and Sully from “Monsters, Inc.”
• Dive under the sea with Nemo and friends or visit Tinker Bell’s fairy forest
At Disney’s Oceaneer Lab, children feel as though they are embarking on a great seafaring adventure in a room filled with maps, maritime instruments and swashbuckling artifacts. Here, children can try their hand at animation, become a pop star or navigate ships through digital seas.
Both youth areas offer magical interactions with the animated characters such as Crush, the sea turtle from the Disney•Pixar motion picture “Finding Nemo,” and Stitch, the mischievous alien from “Lilo and Stitch.” The characters chat, play and joke with children in live, unrehearsed conversations from their digital undersea and intergalactic environments via giant plasma screens.
Both venues also feature a Magic Playfloor, a cruise industry first that blends the latest in gaming technology with Disney’s panache for storytelling. The interactive floor allows children to engage in group activities where their movements control the action. Activities include controlling the pitch of a virtual tilt maze, flying over the streets of London with Peter Pan and riding the ocean waves with Crush.
Chill-Out Zones for Tweens and Teens. . . • Located inside the forward funnel of the Disney Dream is Edge – the lounge just for tweens (ages 11 to 13). This tween pad is filled with a multitude of hi-tech entertainment including the ability to create and star in photo postcards and video karaoke using green-screen technology.
• Teens have their own exclusive club with Vibe – a trendy, 9,000-square-foot club for guests ages 14 to 17. Teens can create videos, play computer games and try their hand at mixing dance tracks. Teens have a private outdoor area for sunbathing, deck games and cooling off with wading pools and water jets.
Personal Touches with Rotational Dining. . . Disney Cruise Line continues its innovative rotational dining concept onboard the Disney Dream with elaborately themed restaurants, distinctly Disney touches, and world-class cuisine to create a magical dining experience. Throughout the cruise, guests visit different restaurants for dinner – with their servers accompanying them, providing friendly, personalized service each night. Restaurants include:
• Animator’s Palate, a signature Disney Cruise Line restaurant that brings the magic of Disney animation into the dining room for an amazing experience that will captivate the entire family. The room is immersed in a vivid undersea environment and Crush, the surfer-dude sea turtle from Disney•Pixar’s “Finding Nemo,” makes a special appearance, swimming around the restaurant and engaging in live impromptu interactions with guests. Crush asks guests about their experience onboard the ship and answers questions about his life under the sea. Other characters such as Nemo, Dory, Squirt and Bruce the shark swim by and visit with guests.
• Royal Palace, an elegant restaurant inspired by the classic Disney films “Cinderella,” “Snow White and the Seven Dwarfs,” “Beauty and the Beast” and “Sleeping Beauty.”
• Enchanted Garden, a whimsical, casual restaurant inspired by the gardens of Versailles and featuring a dining environment that magically transforms from day to night.
Just for Adults. . . On the Disney Dream, while children are having the time of their lives in the elaborately themed youth areas, adults can look forward to incomparable indulgences and relaxation with exclusive areas and offerings designed exclusively for them.
• Adults can escape into The District, a nighttime entertainment area on the Disney Dream with five unique venues. This playground for grownups features sophisticated lounges, each with its own unique design, look, feel, and palate-pleasing delights.
• Senses Spa & Salon offers adult tranquility with 17 private treatment rooms, lavish spa villas with indoor treatment rooms and private outdoor verandahs, and Rainforest, a special section of the spa offering the benefits of steam, heat and hydrotherapy to relax the mind and body.
• At Palo, sweeping ocean views, rich décor and epicurean excellence create the setting for a romantic escape aboard the Disney Dream in a redesigned version of Disney Cruise Line’s signature specialty restaurant. Guests also may dine al fresco on Palo’s private outdoor deck.
• Remy debuts on the Disney Dream – Disney Cruise Line’s first-ever premier dining option. With French-inspired, gourmet cuisine by two award-winning chefs, Remy melds classic and contemporary styles in a sophisticated new dining concept exclusively for adults.
The Disney Dream will depart on her maiden voyage Jan. 26, 2011, and will sail alternating three- and four-night cruises to the Bahamas and Disney’s private island, Castaway Cay. During summer months, the ship will alternate four- and five-night itineraries with two stops at Castaway Cay.
To learn more about Disney Cruise Line or to book a vacation, guests can visit www.disneycruise.com, call Disney Cruise Line at 888/DCL-2500 or contact their travel agent.
Disney Cruise Line revolutionized the cruise industry with ships designed especially for families. With the advent of the 
