A Yorkton teen found out this week that all the warnings about cyber-bullying and criminality are not just idle talk.
The girl, who cannot be named because she is under the age of 18 received 12 months probation for sharing a photo of another girl, who also cannot be named pursuant to a publication ban.
During a sentencing hearing November 28, the Court heard the victim had given the picture to the accused under the condition that it be kept private. The nature and content of the photo was never described in court.
After receiving a complaint, police arrested the suspect, who was released on conditions, one of which was to delete the photo. Instead, she kept it and showed it to a group of people at a party. After being arrested again for breaching the original release conditions she was released again on conditions, this time including a ban on possessing or using electronic devices such as smart phones and tablets.
Police again received a complaint that the accused was seen at school using a cell phone, which was confiscated by a teacher.
In a joint submission, Crown prosecutor Todd Wellsch noted the defendant did not have a prior criminal record as mitigating, but cited a victim impact statement that the other girl had been significantly harmed by the incidents as aggravating.
Defence counsel Richard Leland told the Court the two girls had been friends and had had a falling out in which the victim was the instigator. Nevertheless, he said the accused now understands the harm she had caused and that having to spend time in custody following the second breach had had a significant impact on her.
Judge Patrick Reis accepted the joint submission of 12 months probation with the following conditions: she must live at an approved address; undergo assessment and treatment for personal counseling; have no contact with the victim, except incidental to the fact they attend the same school; not refer to the victim on social media; do 25 hours of community service; and give the victim a written apology approved by a youth worker.
Reis told the girl he was inclined to add another condition that she familiarize herself with other cases that have ended in tragic consequences, but refrained from putting it in the probation document.
There have been several high profile cases in Canada in which teen suicides have been linked to cyber-bullying including Rehtaeh Parsons and Amanda Todd. Reliable statistics remain hard to come by, however, due to the murky relationship between correlation and causation.
Nevertheless, suicide is the third leading cause of death among teens and there is a high incidence of suicidal teens also being victims of bullying, both the traditional in-person kind and the online version.
