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{{Short description|Canadian case regarding harassment and freedom of speech}}
{{italic}}
{{Use mdy dates|date=January 2016}} {{Use mdy dates|date=January 2016}}
{{Use Canadian English|date=January 2016}} {{Use Canadian English|date=January 2016}}


'''R v Elliott''' was a criminal ] trial based in ], ]. Gregory Alan Elliott was falsely charged with criminally harassing several women in the Toronto area, following a protracted dispute with feminist activist Stephanie Guthrie. The case had implications for ], and is thought to be the first prosecution for harassment solely involving activity on social networking website ].<ref name=postjan222016/> '''''R v Elliott''''' was a criminal ] trial based in ], ], ]. Gregory Alan Elliott was charged with criminally harassing three women in the Toronto area, following a protracted dispute with feminist activist Stephanie Guthrie. The case was considered to have implications for ], and to be the first prosecution for harassment solely involving activity on the social networking website ].<ref name=postjan222016/> After the trial's conclusion earlier cases of criminal harassment on Twitter were found but Elliott's is still the only one known that didn't include any violent threats.<ref name="postRempel"/>


On January 22, 2016, Ontario Court Judge Brent Knazan dismissed charges of criminal harassment against Elliott.<ref name=cbcDismissed/> Elliott soon returned to Twitter after a three year ban on all computer and internet use stemming from the charges.<ref name=postjan222016/> Charges involving one of the women were dropped before trial. On January 22, 2016, ] judge Brent Knazan acquitted Elliot of the remaining charges of criminal harassment.<ref name=postjan222016/><ref name=cbcDismissed/> Elliott soon returned to Twitter after having been restricted from using the Internet as a bail condition for three years.<ref name=postjan222016/><ref name="guardian"/>


==Background== ==Background==
Following her 2012 ] campaign for the '']'' video series, feminist critic ] began to receive large volumes of online criticism and harassment.<ref name="newstatesmanLooksLike"/><ref name="wiredSarkeesianFeminist"/> One form of harassment commonly decried in the media was a ] game in which players punched a photograph of Sarkeesian, causing her to appear progressively more bruised and injured.<ref name="cnetLookBad"/><ref name="newyorkerErupts"/><ref name="escapistBeatUp"/> The game's creator, Bendalin Spurr, who had previously made a similar game about punching ],<ref name="cnetLookBad"/> denied that the game promoted real violence against women. Detractors countered by pointing out what they considered the misogynist tenor of Spurr's statements.<ref name="dailydotBeatUp"/> Following her 2012 ] campaign for the '']'' video series, feminist critic ] began to receive large volumes of online criticism and harassment.<ref name="wiredSarkeesianFeminist"/> One form of harassment commonly decried in the media was a ] game in which players punched a photograph of Sarkeesian, causing her to appear progressively more bruised and injured.<ref name="cnetLookBad"/><ref name="newyorkerErupts"/><ref name="escapistBeatUp"/> The game's creator, Bendilin Spurr, who had previously made a similar game about punching conservative lawyer and anti-video-game activist ],<ref name="cnetLookBad"/> denied that the games promoted real violence.<ref name="dailydotBeatUp"/>


Stephanie Guthrie, a Toronto-based feminist activist, was among those who objected to Spurr's game. Wanting to cause real-life consequences for Spurr's online activity, she contacted news organizations and potential employers in his hometown.<ref name="torontostandardUproar"/><ref name="thestarFrustrations"/> Gregory Alan Elliott, a Toronto artist,<ref name="torontoistCafe"/> criticized Guthrie's actions as "every bit as vicious as the face-punch game."<ref name="ocanadaWrath"/> Although Guthrie and other women blocked him on Twitter, the social networking website declined to intervene in the ongoing exchange, and Elliott continued tweeting criticism to their accounts and commenting on their online and offline activities.<ref name="thestarLeaveHerAlone"/><ref name="thestarFirstOfThree"/> An investigating officer found that none of Elliott's messages threatened harm against any of the women.<ref name="thestarWhenDoesTweeting"/> Stephanie Guthrie, a Toronto-based feminist activist, was among those who objected to Spurr's game, and contacted news organizations and potential employers in Spurr's hometown.<ref name="torontostandardUproar"/><ref name="thestarFrustrations"/> Gregory Alan Elliott, a Toronto artist,<ref name="torontoistCafe"/> criticized Guthrie's actions as "every bit as vicious as the face-punch game".<ref name="ocanadaWrath"/> In response, Guthrie and others blocked him on Twitter and reported his account to the site's operators, who found he wasn't violating their terms of service. Elliott continued tweeting criticism to their accounts and commenting on their online and offline activities.<ref name="thestarLeaveHerAlone"/><ref name="thestarFirstOfThree"/> Guthrie convened a meeting of friends to discuss Elliott's behaviour.<ref name="natpostFallout"/><ref name="techdirttoss"/> An investigating officer later testified that he found that none of Elliott's messages were sexual in nature or threatened harm against any of the women.<ref name="thestarWhenDoesTweeting"/>


==Trial== ==Trial==
Elliott was charged by the Crown in November 2012 for breach of a peace bond and criminal harassment of Guthrie, and two other accusers subsequently went to police in January 2013.<ref name="thestarWhenDoesTweeting"/><ref name="thestarFirstOfThree"/> The charge related to one of the women was subsequently dropped.<ref name="french"/> Elliott was released on bail on the condition that he did not tweet or access Twitter, have a smartphone or use a computer with Internet access.<ref>http://www.metronews.ca/news/toronto/2012/11/23/alleged-twitter-harasser-gregory-alan-elliott-released-on-bail.html</ref> Elliott was charged by the Crown in November 2012 for breach of a peace bond and criminal harassment of Guthrie. Elliott was released on bail on the condition that he did not tweet or access Twitter, have a smartphone or use a computer with Internet access.<ref name="metroBail"/> Two more women, Paisley Rae and Heather Reilly, subsequently went to police in January 2013.<ref name="thestarFirstOfThree"/><ref name="thestarWhenDoesTweeting"/> Elliott lost his job shortly after his arrest.<ref name="natpostFallout"/> The charge related to Rae was dropped by the Crown late into the trial on the day she was to take the stand to testify, while the charge related to Reilly continued.<ref name="french"/>


The case hinged on whether the women reasonably feared for their safety.<ref name="thestarLeaveHerAlone"/><ref name="ctvnewsLeadToJail"/> In cross-examination, Guthrie defended her continued tweeting and allegations about Elliott,<ref name="natpostFallout"/><ref name="french"/><ref name=testimony>{{cite court| litigants= R v Elliott | reporter= Written submissions of Mr. Elliott | pinpoint= 46 | court= Ontario Court of Justice | date= April 7, 2015 |url= https://www.yumpu.com/en/document/view/55009329/r-v-elliott-submissions-15-april-7 | accessdate= March 20, 2016}}</ref><ref name=everyjoe>{{cite web| url= http://www.everyjoe.com/2016/01/26/lifestyle/canada-twitter-trial-freedom-tweets-gregory-elliott | title= How I almost became a refugee | publisher= Everyjoe | website= everyjoe.com | last1= Urbanski | first1= Kasimir | date= January 26, 2016 | access-date= March 22, 2016}}</ref> including creating hashtags to mock him,<ref>{{cite web|url=https://www.thestar.com/news/crime/2014/07/23/twitter_harassment_trial_tweets_not_harassment_just_a_different_political_view_defence_argues.html|title=Twitter harassment trial: Tweets not harassment, just a different political view, defence argues|first=Alyshah|last=Hasham|date=July 23, 2014|work=Toronto Star}}</ref> after having blocked him.<ref name="metronewsHadARight"/> Elliott's defense lawyer said that Guthrie was the one harassing<ref name="natpostFallout"/> and abusing.<ref name="thestarFalseRumors">{{cite web|url=https://www.thestar.com/news/crime/2014/11/12/twitter_harassment_trial_defence_says_complainant_shared_false_rumours_about_the_accused.html|last=Hasham|first=Alyshah|work=]|title=Twitter harassment trial: Defence says complainant shared false rumours about the accused|date=November 12, 2014}}</ref>
The case hinged on whether the women reasonably feared for their safety.<ref name="thestarLeaveHerAlone"/><ref name="ctvnewsLeadToJail"/> In cross-examination, Guthrie defended her continued tweeting about Elliott after having blocked him as being a means of fighting back against harassment.<ref name="metronewsHadARight"/>


The trial had to be delayed in March 2014 after the judge received a signed letter alleging a conspiracy against Elliott that included the ministry of the attorney-general.<ref name="natpostConspiracy"/> The trial had to be delayed in March 2014 after the judge received a signed letter alleging a conspiracy against Elliott by the complainants, that also included the ].<ref name="natpostConspiracy"/>


On January 22, 2016, all charges against Elliott of criminal harassment were dismissed. Judge Knazan said Elliott's tweets contained nothing of a "violent or sexual nature," and there was no indication he intended to hurt the women.<ref name=cbcDismissed/> On January 22, 2016, all charges against Elliott were dismissed. Judge Knazan said there was no reasonable fear for their safety as Elliott's tweets contained nothing of a "violent or sexual nature" and there was no indication he intended to hurt the women.<ref name=cbcDismissed/> Knazan wrote that Elliott was engaged in legitimate debate, and the judge gave the opinion that those who create Twitter hashtags do not have a right to control who uses the hashtags.<ref name="slateWontHelp">{{cite web|url=http://www.slate.com/articles/technology/users/2016/01/gregory_alan_elliott_was_found_not_guilty_of_criminal_harassment_via_twitter.html|last=Hess|first=Amanda|work=Slate|title=Twitter Won’t Help You. The Courts Won’t Help You.}}</ref>

On March 4, 2016, Judge Knazan amended his original ruling which claimed Elliott's tweets were "obscene and homophobic in at least two instances" when it was discovered that the tweets were actually made by an account impersonating Elliott. The judge issued a correction saying "Mr. Elliott never wrote homophobic tweets, used homophobic language or was homophobic." He further stated that the fake account could be considered the criminal offense of "impersonation with intent to cause mischief."<ref name="thestarAmended" /><ref name="slateWontHelp"/>


==Reactions== ==Reactions==
Elliott is believed to be the first Canadian prosecuted solely for tweets, and several commentators believe the case has significant implications for free expression and ].<ref name=postjan222016/><ref name="thestarLeaveHerAlone"/><ref name="french"/><ref name="ctvnewsLeadToJail"/> Elliott is believed to be the first Canadian prosecuted solely for tweets, and several commentators believe the case has significant implications for free expression and ].<ref name=postjan222016/><ref name="thestarLeaveHerAlone"/><ref name="french"/><ref name="ctvnewsLeadToJail"/>


The '']'' later reported that there had been three previous cases involving harassment on Twitter. In one case, Damany Skeene was convicted of criminal harassment and uttering threats against ] MP ]. Another involved a woman being found guilty of criminally harassing then Quebec premier ] and the third involved a Montreal man pleading guilty to uttering threats against atheists.<ref name="postRempel"/>
⚫ A Toronto coffee shop has been the subject of controversy over artwork by Elliott that the shop displays.<ref name="torontoistCafe"/>

⚫ A Toronto coffee shop was the subject of controversy over artwork by Elliott that the shop displayed.<ref name="torontoistCafe"/>


==References== ==References==
{{Reflist|30em|refs= {{Reflist|30em|refs=


<ref name=postjan222016>{{cite news | url=http://news.nationalpost.com/news/canada/toronto-man-found-not-guilty-in-twitter-harassment-trial-widely-viewed-as-a-canadian-first | title=Toronto man found not guilty in Twitter harassment trial widely viewed as a Canadian first | first=Ashley | last=Csanady | work=National Post | date=January 22, 2016 | accessdate=January 22, 2016}}</ref> <ref name=postjan222016>{{cite news | url=https://nationalpost.com/news/canada/toronto-man-found-not-guilty-in-twitter-harassment-trial-widely-viewed-as-a-canadian-first | title=Toronto man found not guilty in Twitter harassment trial widely viewed as a Canadian first | first=Ashley | last=Csanady | work=National Post | date=January 22, 2016 | access-date=January 22, 2016}}</ref>


<ref name="newstatesmanLooksLike">{{cite web|url=http://www.newstatesman.com/blogs/internet/2012/07/what-online-harassment-looks|last=Lewis|first=Helen|work=]|title=This is what online harassment looks like|author-link=Helen Lewis (journalist)|date=July 6, 2012}}</ref> <ref name="guardian">{{cite web|url=https://www.theguardian.com/technology/2016/jan/22/canada-man-twitter-harassment-not-guilty-gregory-alan-elliot|title=Canadian man found not guilty in Twitter harassment case|first=Julia Carrie|last=Wong|author-link=Julia Carrie Wong|work=The Guardian|date=January 22, 2016}}</ref>


<ref name="wiredSarkeesianFeminist">{{cite web|url=http://www.wired.com/2012/06/anita-sarkeesian-feminist-games/|last=Watercutter|first=Angela|work=]|title=Feminist take on games draws crude ridicule, massive support|date=June 14, 2012}}</ref> <ref name="wiredSarkeesianFeminist">{{cite web|url=https://www.wired.com/2012/06/anita-sarkeesian-feminist-games/|last=Watercutter|first=Angela|work=]|title=Feminist take on games draws crude ridicule, massive support|date=June 14, 2012}}</ref>


<ref name="cnetLookBad">{{cite web|url=http://www.cnet.com/news/how-to-make-gamers-look-bad/|last=Starr|first=Michelle|work=]|title=How to make gamers look bad|date=July 10, 2012}}</ref> <ref name="cnetLookBad">{{cite web|url=http://www.cnet.com/news/how-to-make-gamers-look-bad/|last=Starr|first=Michelle|work=]|title=How to make gamers look bad|date=July 10, 2012}}</ref>
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<ref name="newyorkerErupts">{{cite web|url=http://www.newyorker.com/tech/elements/gamergate-scandal-erupts-video-game-community|last=Parkin|first=Simon|work=]|title=Gamergate: A Scandal Erupts in the Video-Game Community|date=October 17, 2014}}</ref> <ref name="newyorkerErupts">{{cite web|url=http://www.newyorker.com/tech/elements/gamergate-scandal-erupts-video-game-community|last=Parkin|first=Simon|work=]|title=Gamergate: A Scandal Erupts in the Video-Game Community|date=October 17, 2014}}</ref>


<ref name="escapistBeatUp">{{cite web|url=http://www.escapistmagazine.com/news/view/118310-Flash-Game-Makes-Players-Beat-Up-Tropes-vs-Women-Creator|last=Funk|first=John|work=]|title=Flash Game Makes Players Beat Up "Tropes vs. Women" Creator|date=July 6, 2012}}</ref> <ref name="escapistBeatUp">{{cite web|url=http://www.escapistmagazine.com/news/view/118310-Flash-Game-Makes-Players-Beat-Up-Tropes-vs-Women-Creator|last=Funk|first=John|work=]|title=Flash Game Makes Players Beat Up "Tropes vs. Women" Creator|date=July 6, 2012|access-date=October 22, 2015|archive-date=January 25, 2020|archive-url=https://web.archive.org/web/20200125193140/http://www.escapistmagazine.com/news/view/118310-Flash-Game-Makes-Players-Beat-Up-Tropes-vs-Women-Creator|url-status=dead}}</ref>


<ref name="dailydotBeatUp">{{cite web|url=http://www.dailydot.com/geek/creator-beat-up-anita-sarkeesians-says-gamergate-is-anti-harassment/|last=Klee|first=Miles|work=]|title=Creator of 'Beat Up Anita Sarkeesian' says #Gamergate is anti-harassment|date=October 20, 2014}}</ref> <ref name="dailydotBeatUp">{{cite web|url=http://www.dailydot.com/geek/creator-beat-up-anita-sarkeesians-says-gamergate-is-anti-harassment/|last=Klee|first=Miles|work=]|title=Creator of 'Beat Up Anita Sarkeesian' says #Gamergate is anti-harassment|date=October 20, 2014}}</ref>


<ref name="torontostandardUproar">{{cite web|url=http://www.torontostandard.com/industry/toronto-tweeter-causes-twitter-uproar-over-violent-beat-up-anita-sarkeesian-game/|last=Lyonnais|first=Sheena|work=]|title=Toronto Tweeter Causes Uproar Over Violent "Beat Up Anita Sarkeesian" Game|date=July 9, 2012}}</ref> <ref name="torontostandardUproar">{{cite web|url=http://www.torontostandard.com/industry/toronto-tweeter-causes-twitter-uproar-over-violent-beat-up-anita-sarkeesian-game/|last=Lyonnais|first=Sheena|work=]|title=Toronto Tweeter Causes Uproar Over Violent "Beat Up Anita Sarkeesian" Game|date=July 9, 2012}}</ref>


<ref name="thestarFrustrations">{{cite web|url=http://www.thestar.com/news/crime/2014/01/09/gregory_alan_elliott_frustrations_boil_over_in_twitter_harassment_trial.html|last=Casey|first=Liam|work=]|title=Gregory Alan Elliott: Frustrations boil over in Twitter harassment trial|date=January 9, 2014}}</ref> <ref name="thestarFrustrations">{{cite web|url=https://www.thestar.com/news/crime/2014/01/09/gregory_alan_elliott_frustrations_boil_over_in_twitter_harassment_trial.html|last=Casey|first=Liam|work=]|title=Gregory Alan Elliott: Frustrations boil over in Twitter harassment trial|date=January 9, 2014}}</ref>


<ref name="thestarWhenDoesTweeting">{{cite news |url=https://www.thestar.com/news/crime/2014/01/07/when_does_tweeting_become_criminal_harassment.html |title=When does tweeting become criminal harassment? |first=Alyshah |last=Hasham |newspaper=Toronto Star |date=January 7, 2014 |accessdate=January 21, 2016}}</ref> <ref name="thestarWhenDoesTweeting">{{cite news |url=https://www.thestar.com/news/crime/2014/01/07/when_does_tweeting_become_criminal_harassment.html |title=When does tweeting become criminal harassment? |first=Alyshah |last=Hasham |newspaper=Toronto Star |date=January 7, 2014 |access-date=January 21, 2016}}</ref>


<ref name="thestarFirstOfThree">{{cite web|url=http://www.thestar.com/news/crime/2014/01/08/first_of_three_toronto_women_testifies_in_twitter_harassment_trial.html|last=Casey|first=Liam|work=]|title=First of three Toronto women testifies in Twitter harassment trial|date=January 8, 2014}}</ref> <ref name="thestarFirstOfThree">{{cite web|url=https://www.thestar.com/news/crime/2014/01/08/first_of_three_toronto_women_testifies_in_twitter_harassment_trial.html|last=Casey|first=Liam|work=]|title=First of three Toronto women testifies in Twitter harassment trial|date=January 8, 2014}}</ref>


<ref name="metronewsHadARight">{{cite web|url=http://www.metronews.ca/news/canada/2015/07/21/women-had-a-right-to-fight-back-crown-argues-in-toronto-twitter-harassment-trial.html|last=Cross|first=Jessica Smith|work=]|title=Women had a right to fight back, Crown argues in Toronto Twitter harassment trial|date=July 21, 2015}}</ref> <ref name="metronewsHadARight">{{cite web|url=http://www.metronews.ca/news/canada/2015/07/21/women-had-a-right-to-fight-back-crown-argues-in-toronto-twitter-harassment-trial.html|last=Cross|first=Jessica Smith|work=]|title=Women had a right to fight back, Crown argues in Toronto Twitter harassment trial|date=July 21, 2015}}</ref>


<ref name="thestarLeaveHerAlone">{{cite web|url=http://www.thestar.com/news/crime/2014/07/24/twitter_harassment_trial_second_complainant_says_accused_wouldnt_leave_her_alone.html|last=Hasham|first=Alyshah|work=]|title=Twitter harassment trial: Second complainant says accused wouldn’t leave her alone.|date=July 24, 2014}}</ref> <ref name="thestarLeaveHerAlone">{{cite web|url=https://www.thestar.com/news/crime/2014/07/24/twitter_harassment_trial_second_complainant_says_accused_wouldnt_leave_her_alone.html|last=Hasham|first=Alyshah|work=]|title=Twitter harassment trial: Second complainant says accused wouldn’t leave her alone.|date=July 24, 2014}}</ref>


<ref name="french">{{cite web|url=http://ici.radio-canada.ca/regions/ontario/2015/10/06/004-twitter-proces-harcelement-gregory-elliott.shtml|last=Nadeau|first=Jean-Phillippe|work=]|title=Procès pour harcèlement criminel sur Twitter|language=French|trans-title=Trial for criminal harassment on Twitter|date=October 6, 2015}}</ref> <ref name="french">{{cite web|url=http://ici.radio-canada.ca/regions/ontario/2015/10/06/004-twitter-proces-harcelement-gregory-elliott.shtml|last=Nadeau|first=Jean-Phillippe|work=]|title=Procès pour harcèlement criminel sur Twitter|language=fr|trans-title=Trial for criminal harassment on Twitter|date=October 6, 2015}}</ref>

<ref name="metroBail">{{cite web|author=<!-- Staff writer -->|url=http://www.metronews.ca/news/toronto/2012/11/23/alleged-twitter-harasser-gregory-alan-elliott-released-on-bail.html|title=Alleged Twitter harasser Gregory Alan Elliott released on bail|date=November 23, 2012|work=Metro News|access-date=January 29, 2016}}</ref>


<ref name="ctvnewsLeadToJail">{{cite web|url=http://knlive.ctvnews.ca/toronto-harassment-case-may-show-how-tweets-can-lead-to-jail-1.1628352|last=Chittley|first=Jordan|work=]|title=Toronto harassment case may show how tweets can lead to jail|date=January 7, 2014}}</ref> <ref name="ctvnewsLeadToJail">{{cite web|url=http://knlive.ctvnews.ca/toronto-harassment-case-may-show-how-tweets-can-lead-to-jail-1.1628352|last=Chittley|first=Jordan|work=]|title=Toronto harassment case may show how tweets can lead to jail|date=January 7, 2014}}</ref>


<ref name="ocanadaWrath">{{cite web|url=http://o.canada.com/news/harassment-case-examines-consequences-of-internet-wrath|author-link=Christie Blatchford|last=Blatchford|first=Christie|work=]|title= <ref name="ocanadaWrath">{{cite web|url=http://o.canada.com/news/harassment-case-examines-consequences-of-internet-wrath|author-link=Christie Blatchford|last=Blatchford|first=Christie|work=]|title=Harassment case examines consequences of Internet wrath|date=May 7, 2014|access-date=October 22, 2015|archive-date=November 21, 2019|archive-url=https://web.archive.org/web/20191121235620/https://o.canada.com/news/harassment-case-examines-consequences-of-internet-wrath|url-status=dead}}</ref>
Harassment case examines consequences of Internet wrath|date=May 7, 2014}}</ref>


<ref name="torontoistCafe">{{cite web|url=http://torontoist.com/2015/10/extra-extra-john-tory-talks-smarttrack-in-london-back-to-the-future-for-the-jays-and-a-cafe-criticized-for-its-art/|last=Niedoba|first=Sarah|work=]|title=Extra, Extra: John Tory Talks SmartTrack in London, Back to the Future for the Jays, and a Café Criticized for its Art|date=October 21, 2015}}</ref> <ref name="torontoistCafe">{{cite web|url=http://torontoist.com/2015/10/extra-extra-john-tory-talks-smarttrack-in-london-back-to-the-future-for-the-jays-and-a-cafe-criticized-for-its-art/|last=Niedoba|first=Sarah|work=]|title=Extra, Extra: John Tory Talks SmartTrack in London, Back to the Future for the Jays, and a Café Criticized for its Art|date=October 21, 2015}}</ref>


<ref name="natpostConspiracy">{{cite news |url=http://news.nationalpost.com/full-comment/christie-blatchford-twitter-harassment-trial-halted-by-surprise-letter-alleging-fraudulent-conspiracy-against-accused |title=Christie Blatchford: Twitter harassment trial halted by surprise letter alleging ‘fraudulent’ conspiracy against accused |first=Christie |last=Blatchford |newspaper=National Post |date=March 20, 2014 |accessdate=January 22, 2016}}</ref> <ref name="natpostConspiracy">{{cite news |url=http://news.nationalpost.com/full-comment/christie-blatchford-twitter-harassment-trial-halted-by-surprise-letter-alleging-fraudulent-conspiracy-against-accused |title=Christie Blatchford: Twitter harassment trial halted by surprise letter alleging ‘fraudulent’ conspiracy against accused |first=Christie |last=Blatchford | author-link=Christie Blatchford| newspaper=National Post |date=March 20, 2014 |access-date=January 22, 2016}}</ref>

⚫ <ref name="cbcDismissed">{{cite news|url=http://www.cbc.ca/news/canada/toronto/twitter-harassment-trial-verdict-1.3415112 |title=Gregory Alan Elliott not guilty in Twitter harassment case|author=<!-- Staff writer -->|work=CBC News|date=January 22, 2016|access-date=January 25, 2016}}</ref>

<ref name="thestarAmended">{{cite news |url=https://www.thestar.com/news/gta/2016/03/04/twitter-harassment-ruling-amended-to-omit-homophobic-tweets.html |title=Twitter harassment ruling amended to omit 'homophobic’ tweets |first=Dan |last=Taekema |newspaper=Toronto Star |date=March 4, 2016 |access-date=March 6, 2016}}</ref>

<ref name="postRempel">{{Cite web|last=Csanady|first=Ashley|title = The Twitter trial you never heard about: Toronto man found guilty of harassing Michelle Rempel|url = http://news.nationalpost.com/news/canada/the-twitter-trial-you-never-heard-about-toronto-man-found-guilty-of-harassing-michelle-rempel|website=National Post|access-date=January 29, 2016|date=January 29, 2016}}</ref>

<ref name="natpostFallout">{{cite web| url= http://news.nationalpost.com/full-comment/christie-blatchford-ruling-in-twitter-harassment-trial-could-have-enormous-fallout-for-free-speech | title= Christie Blatchford: Ruling in Twitter harassment trial could have enormous fallout for free speech | publisher= National Post | website= nationalpost.com | last1= Blatchford | first1= Christie |author-link=Christie Blatchford | date= July 14, 2015 | access-date= March 20, 2016}}</ref>

<ref name="techdirttoss">{{cite web |url=https://www.techdirt.com/articles/20160122/17103933409/judge-tosses-out-criminal-case-canada-over-twitter-fight.shtml |title=Judge Tosses Out Criminal Case In Canada Over Twitter Fight |first=Mike |last=Masnick |website=Techdirt.com |date=January 25, 2016 |access-date=April 19, 2016}}</ref>


⚫ <ref name="cbcDismissed">{{cite news|url=http://www.cbc.ca/news/canada/toronto/twitter-harassment-trial-verdict-1.3415112 |title=Gregory Alan Elliott not guilty in Twitter harassment case|author=<!-- Staff writer -->|work=CBC News|date=January 22, 2016|accessdate=January 25, 2016}}</ref>
}} }}


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Latest revision as of 02:05, 23 October 2024

Canadian case regarding harassment and freedom of speech

R v Elliott was a criminal harassment trial based in Toronto, Ontario, Canada. Gregory Alan Elliott was charged with criminally harassing three women in the Toronto area, following a protracted dispute with feminist activist Stephanie Guthrie. The case was considered to have implications for free speech in Canada, and to be the first prosecution for harassment solely involving activity on the social networking website Twitter. After the trial's conclusion earlier cases of criminal harassment on Twitter were found but Elliott's is still the only one known that didn't include any violent threats.

Charges involving one of the women were dropped before trial. On January 22, 2016, Ontario Court of Justice judge Brent Knazan acquitted Elliot of the remaining charges of criminal harassment. Elliott soon returned to Twitter after having been restricted from using the Internet as a bail condition for three years.

Background

Following her 2012 Kickstarter campaign for the Tropes vs. Women in Video Games video series, feminist critic Anita Sarkeesian began to receive large volumes of online criticism and harassment. One form of harassment commonly decried in the media was a Newgrounds game in which players punched a photograph of Sarkeesian, causing her to appear progressively more bruised and injured. The game's creator, Bendilin Spurr, who had previously made a similar game about punching conservative lawyer and anti-video-game activist Jack Thompson, denied that the games promoted real violence.

Stephanie Guthrie, a Toronto-based feminist activist, was among those who objected to Spurr's game, and contacted news organizations and potential employers in Spurr's hometown. Gregory Alan Elliott, a Toronto artist, criticized Guthrie's actions as "every bit as vicious as the face-punch game". In response, Guthrie and others blocked him on Twitter and reported his account to the site's operators, who found he wasn't violating their terms of service. Elliott continued tweeting criticism to their accounts and commenting on their online and offline activities. Guthrie convened a meeting of friends to discuss Elliott's behaviour. An investigating officer later testified that he found that none of Elliott's messages were sexual in nature or threatened harm against any of the women.

Trial

Elliott was charged by the Crown in November 2012 for breach of a peace bond and criminal harassment of Guthrie. Elliott was released on bail on the condition that he did not tweet or access Twitter, have a smartphone or use a computer with Internet access. Two more women, Paisley Rae and Heather Reilly, subsequently went to police in January 2013. Elliott lost his job shortly after his arrest. The charge related to Rae was dropped by the Crown late into the trial on the day she was to take the stand to testify, while the charge related to Reilly continued.

The case hinged on whether the women reasonably feared for their safety. In cross-examination, Guthrie defended her continued tweeting and allegations about Elliott, including creating hashtags to mock him, after having blocked him. Elliott's defense lawyer said that Guthrie was the one harassing and abusing.

The trial had to be delayed in March 2014 after the judge received a signed letter alleging a conspiracy against Elliott by the complainants, that also included the Ministry of the Attorney General.

On January 22, 2016, all charges against Elliott were dismissed. Judge Knazan said there was no reasonable fear for their safety as Elliott's tweets contained nothing of a "violent or sexual nature" and there was no indication he intended to hurt the women. Knazan wrote that Elliott was engaged in legitimate debate, and the judge gave the opinion that those who create Twitter hashtags do not have a right to control who uses the hashtags.

On March 4, 2016, Judge Knazan amended his original ruling which claimed Elliott's tweets were "obscene and homophobic in at least two instances" when it was discovered that the tweets were actually made by an account impersonating Elliott. The judge issued a correction saying "Mr. Elliott never wrote homophobic tweets, used homophobic language or was homophobic." He further stated that the fake account could be considered the criminal offense of "impersonation with intent to cause mischief."

Reactions

Elliott is believed to be the first Canadian prosecuted solely for tweets, and several commentators believe the case has significant implications for free expression and freedom of speech in Canada.

The National Post later reported that there had been three previous cases involving harassment on Twitter. In one case, Damany Skeene was convicted of criminal harassment and uttering threats against Conservative MP Michelle Rempel. Another involved a woman being found guilty of criminally harassing then Quebec premier Pauline Marois and the third involved a Montreal man pleading guilty to uttering threats against atheists.

A Toronto coffee shop was the subject of controversy over artwork by Elliott that the shop displayed.

References

  1. ^ Csanady, Ashley (January 22, 2016). "Toronto man found not guilty in Twitter harassment trial widely viewed as a Canadian first". National Post. Retrieved January 22, 2016.
  2. ^ Csanady, Ashley (January 29, 2016). "The Twitter trial you never heard about: Toronto man found guilty of harassing Michelle Rempel". National Post. Retrieved January 29, 2016.
  3. ^ "Gregory Alan Elliott not guilty in Twitter harassment case". CBC News. January 22, 2016. Retrieved January 25, 2016.
  4. Wong, Julia Carrie (January 22, 2016). "Canadian man found not guilty in Twitter harassment case". The Guardian.
  5. Watercutter, Angela (June 14, 2012). "Feminist take on games draws crude ridicule, massive support". Wired.
  6. ^ Starr, Michelle (July 10, 2012). "How to make gamers look bad". CNET.
  7. Parkin, Simon (October 17, 2014). "Gamergate: A Scandal Erupts in the Video-Game Community". The New Yorker.
  8. Funk, John (July 6, 2012). "Flash Game Makes Players Beat Up "Tropes vs. Women" Creator". The Escapist. Archived from the original on January 25, 2020. Retrieved October 22, 2015.
  9. Klee, Miles (October 20, 2014). "Creator of 'Beat Up Anita Sarkeesian' says #Gamergate is anti-harassment". The Daily Dot.
  10. Lyonnais, Sheena (July 9, 2012). "Toronto Tweeter Causes Uproar Over Violent "Beat Up Anita Sarkeesian" Game". Toronto Standard.
  11. Casey, Liam (January 9, 2014). "Gregory Alan Elliott: Frustrations boil over in Twitter harassment trial". Toronto Star.
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  14. ^ Hasham, Alyshah (July 24, 2014). "Twitter harassment trial: Second complainant says accused wouldn't leave her alone". Toronto Star.
  15. ^ Casey, Liam (January 8, 2014). "First of three Toronto women testifies in Twitter harassment trial". Toronto Star.
  16. ^ Blatchford, Christie (July 14, 2015). "Christie Blatchford: Ruling in Twitter harassment trial could have enormous fallout for free speech". nationalpost.com. National Post. Retrieved March 20, 2016.
  17. Masnick, Mike (January 25, 2016). "Judge Tosses Out Criminal Case In Canada Over Twitter Fight". Techdirt.com. Retrieved April 19, 2016.
  18. ^ Hasham, Alyshah (January 7, 2014). "When does tweeting become criminal harassment?". Toronto Star. Retrieved January 21, 2016.
  19. "Alleged Twitter harasser Gregory Alan Elliott released on bail". Metro News. November 23, 2012. Retrieved January 29, 2016.
  20. ^ Nadeau, Jean-Phillippe (October 6, 2015). "Procès pour harcèlement criminel sur Twitter" [Trial for criminal harassment on Twitter]. CBC Radio Canada (in French).
  21. ^ Chittley, Jordan (January 7, 2014). "Toronto harassment case may show how tweets can lead to jail". CTV News.
  22. R v Elliott, Written submissions of Mr. Elliott, 46 (Ontario Court of Justice April 7, 2015).
  23. Urbanski, Kasimir (January 26, 2016). "How I almost became a refugee". everyjoe.com. Everyjoe. Retrieved March 22, 2016.
  24. Hasham, Alyshah (July 23, 2014). "Twitter harassment trial: Tweets not harassment, just a different political view, defence argues". Toronto Star.
  25. Cross, Jessica Smith (July 21, 2015). "Women had a right to fight back, Crown argues in Toronto Twitter harassment trial". Metro News.
  26. Hasham, Alyshah (November 12, 2014). "Twitter harassment trial: Defence says complainant shared false rumours about the accused". Toronto Star.
  27. Blatchford, Christie (March 20, 2014). "Christie Blatchford: Twitter harassment trial halted by surprise letter alleging 'fraudulent' conspiracy against accused". National Post. Retrieved January 22, 2016.
  28. ^ Hess, Amanda. "Twitter Won't Help You. The Courts Won't Help You". Slate.
  29. Taekema, Dan (March 4, 2016). "Twitter harassment ruling amended to omit 'homophobic' tweets". Toronto Star. Retrieved March 6, 2016.
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