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| Marvin Zuker |
Respectfully the “banning” of cellphone use and vaping in schools pursuant to the revisions to Policy/Program Memorandum 128 (PPM 128) relating to Codes of Conduct in schools, and pursuant to subsection 301(1) of the Education Act of Ontario, is just the beginning.
Students must appreciate that by becoming aware of (make them part of the curriculum) the risks they face using social media — the sharing of their photos, someone on social media pretending to be YOU, companies selling students’ private information to third parties — will be minimized.
Child luring on the Internet can never be minimized given the lifetime trauma it can cause, be it cyberbullying or what is often referred to as catfishing (creating a fake identity online to mislead someone) (R. v. Bykovets, 2024 SCC 6 at para. [84], referencing R. v. Friesen, 2020 SCC 9).
We often forget that the responsibility for learning and education must go beyond our schools, beyond academia, mental health issues, the continuing effect of COVID-19, straight-up addiction and substance abuse, a few examples.
It bears repeating: find a school today with a counsellor (e.g. academic or general counsellor), a school nurse or a licensed mental health professional (perhaps even school board-wide?). Where is the telehealth delivery for our vulnerable students, Mr. Minister? Where is the outreach, the screening?
Simple answer to virtually all of the above? We, our schools, have not provided any school-based mental health services during the 2023-24 school year.
If you happen to be a parent, and you happen to want to know about the statistics in your schools relating to discipline, violence and bullying, where are these statistics? And, if they do exist, where are they published?
Amanda Todd legacy society
Between 2009 and 2012, Amanda Todd was the victim of a relentless campaign of online sextortion by Aydin Coban, whose true identity was never known to her. He came into possession of videos and images of Todd exposing herself as a result of her being blackmailed, bullied and physically assaulted. Todd died by suicide on Oct. 10, 2012.
Bill C-13, introduced in November 2013 by then-justice minister Peter MacKay and addressing anti-cyberbullying and revenge porn, became law in 2014. Coban allegedly used some 21 different usernames and accounts, sending messages to Todd and her family and friends on social media.
Everyone should have to read about the Amanda Todd legacy, including of course our children, who are subject to what it means to be electronically bullied, i.e., being bullied through emails, chat rooms, instant messaging, websites; i.e., the Internet and various forms of texting.
According to the National Center for Education Statistics in the United States, there are statistical tables that show how rates of bullying victimization vary by crime-related characteristics such as hate-filled graffiti at school, avoidance behaviours, fighting and carrying weapons to school.
The Research and Statistics Division of the Department of Justice Canada and Dyna Ibrahim, unit head project lead, police‑reported Indigenous and Racialized Identity Data have staggering data regarding this matter (R. v. Legault, [2024] B.C.J. No. 346):
[21] Although statistics are just that, statistics, they do represent real people and real situations. According to Justice Canada, between 2010 and 2017, sexual violations of children increased 118 percent. On May 12, 2022, Dyna Ibrahim, unit head project lead, police‑reported Indigenous and Racialized Identity Data ("PIRID") through the Uniform Crime Reporting Survey, at Statistics Canada, released her statistical profile related to online child sexual exploitation and abuse in Canada.Of significance, highlights of her research show:
[55] Victim impact statements [in a Criminal Code context] assist the court in assessing the gravity of the harm arising from the offences and give victims of crime a voice in the criminal justice system. They allow victims to explain to the court and the offender, in their own words, how the crime has affected them. If a victim wants to read their victim impact statement aloud at the sentencing hearing, a court must allow it (Legault, para 55).[11]
[56] Section 722 of the Criminal Code outlines the rules and expectations for victim impact statements. The first three subsections are particularly applicable:
Victim impact statement
722
(1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement of a victim prepared in accordance with this section and filed with the court describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim.
Inquiry by court
(2) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection (1).
Adjournment
(3) On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection (1) or to present evidence in accordance with subsection (9), if the court is satisfied that the adjournment would not interfere with the proper administration of justice (Legault, para 56)
[59] While not lengthy, B.B.B.’s Victim Impact Statement was nonetheless powerful. Under the heading “Emotional Impact”, she wrote:
“I did not want to go anywhere. I was scared of people talking about it. I didn't go to school for a long time. I deleted all social media because I was terrified of getting more messages. I fell into a hole of severe depression and anxiety. It made me not want to wear a bathing suit or even look in the mirror. I lost all confidence, cried most days. Never left the house. Lastly, I actually became suicidal. I felt like if I was gone I would be better.”
Under the heading "Physical Impact", B.B.B. wrote:
“I started going to therapy to help me overcome it.”
Under the heading "Fears for Security", she wrote:
“I was concerned that he was gonna find me or contact me further. I was and am still scared that someone was gonna kidnap me that he knew.”
Finally, in the section for drawing a picture or writing a poem or letter, B.B.B. wrote:
“Dear accused, I am completely shocked and hurt that it was you who did this. This has destroyed my physical and mental well-being. I am disgusted by the actions. I constantly ask myself, why me? This is something that can't be erased and it will and has hurt me forever (Legault, para 59).”
This is the fourth instalment of a series. Part one: Cellphones in Ontario schools, the voice of the child: Both on silent. Part two: Cellphones in Ontario schools, the voice of the child, part two. Part three: Cellphones in Ontario schools, the voice of the child, part three.
Marvin Zuker was a judge of the Ontario Court of Justice, where he presided over the small claims, family and criminal courts from 1978 until his retirement in 2016. He is a professor at the Ontario Institute for Studies in Education/University of Toronto, where he has been teaching education law for 42 years. Zuker is the author and co-author of many books and publications, including The Law is Not for Women and The Law Is (Not) for Kids.
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