A Canadian City Might Fine Students for Gossiping and Name-Calling

Name-calling, taunting, mocking, and excluding another person could become illegal in Saskatoon if a sweeping anti-bullying bylaw is passed by city council on Monday — a possibility critics say is extremely troubling.

The bylaw, which defines bullying as "unprovoked, repeated and inappropriate comment or conduct" that could cause "harm, fear of physical distress," would target an extensive list of offenses.

It hasn't even passed yet, but concerns are already being raised.

"[The bylaw] has the potential to catch a lot of expression that isn't necessarily harmful or that may be offensive to individuals but actually has a valuable purpose," Cara Zwibel of the Canadian Civil Liberties Association told VICE News.

Aside from physical acts like kicking, pushing, hair pulling, or pinching, the bylaw would punish anyone over the age of 12 for "shunning, ostracizing, excluding another person and gossiping and rumour mongering," as well as taunting, tormenting, name calling, ridiculing, insulting, mocking and directing slurs towards another person.

A first-time offender could be fined up to $300, while subsequent offences could land one with a fine of up to $2,500. But the bylaw does leaves room for the conflict to be resolved through mediation if both parties agree to take part.

City solicitor Patricia Warwick told the Saskatoon Star-Phoenix that legal staff were "careful" to take issues the right to freedom of expression into account when writing the law.

"We think we've done our homework here and we're confident we've come up with a good product," she said.

But Zwibel believes the language is too broad and "potentially vague," citing the possibility of the bylaw being used to justify, for example, kicking out members of the public from meetings when they are critical of officials.

"I don't think it's the appropriate role of municipal bylaw to deal with these kinds of issues," she said. "It's imperfect, but we do rely on social customs and one another to check each other."

Councillor Ann Iwanchuk, who requested that the bylaw be drafted in the first place, told VICE News that while the law is generally well-drafted, certain elements, like the definition of bullying itself, need clarification.

Iwanchuk requested that a bylaw be drafted in February 2014 after being particularly moved by a Saskatoon resident who spoke to city council about her daughter's struggles with bullying.

"Her daughter attempted suicide…and that brought home to me how serious this is," she said. "When this girl awoke from a coma two weeks later and actually was disappointed that she wasn't successful in her suicide, so it wasn't even a wake up call.

"If we can curb that behaviour so that they don't bring it into adulthood, into our workforce, I think we're doing a positive thing for our city," she said.

She is concerned, however, as drafted, the bylaw could entice "frivolous complaints."

"What is the trigger to a complaint? Is it that somebody didn't look at you correctly? You need to make sure it's for serious, repeated, and abusive behaviour," she continued.

Iwanchuk also questioned why the proposed bylaw includes private establishments.

"I don't see how prolonged bullying could take place in a private establishment," she said. "If you're at a nightclub, you could leave. You'd probably have other options."

Retired Saskatoon police Sgt. Brian Trainor told VICE News the bylaw, which doesn't make the offences criminal, could be helpful to police.

"I think a bylaw is necessary because it gives police a soft tool to use in cases of bullying," he said, but added that he wonders if the wording of the bylaw could be "misapplied."

"When it's talking about what is bullying — taunting and all those things — that gets to be fairly vague."

He adds, however, that the bylaw is a starting point that will most likely change.

"There's going to be wording that'll change, and there will be defense lawyers that will rip this thing apart," he said.

Two versions of the bylaw, which could come into effect just in time for the new school year in September, are to be considered by city council — one which would apply to school property during school hours, and another one that doesn't.

The report notes that school boards have "expressed that they already have sufficient tools and safeguards in place to address bullying behaviour in schools."

It would be up to the Saskatoon Police Service to figure out how the bylaw would be enforced.

Follow Tamara Khandaker on Twitter: @anima_tk