Discuss the criminal offences and privacy torts that could be applied to the following scenario. Please provide examples of at least 2 torts and 2 criminal offences, discuss elements of cri
Discuss the criminal offences and privacy torts that could be applied to the following scenario. Please provide examples of at least 2 torts and 2 criminal offences, discuss elements of criminal offence or torts, and/or any difficulties in applying offences or torts that you would foresee. Name any cases that set out the elements of any relevant torts, and/or crimes. For crimes, also name the section of the Criminal Code that applies (or doesn’t, depending on your analysis).
SCENARIO: Some community members are angry that a developer has received the go-ahead to tear down a row of low-rent houses in order to put up a multi-story Jewish Community Centre (JCC). The group has created a website and social media groups to express their opposition to the project and organize protests. Discussions with the developer began cordially, with the developer promoting the benefits of the JCC to the community in general, including community access to meeting rooms and a daycare. However, over time the developer has gotten increasingly frustrated with the group’s unwavering opposition to the project, and communication has become increasingly strained. The following acts are taken by group members:
Member 1 in the group records a phone conversation where the developer expresses his frustration, which the member posts to the website.
Member 2 posts the personal phone number and home address of the developer, encouraging people to call and write to him about their opposition to the project since he is no longer taking their calls at his office.
Member 3 shares that she works at a homeless shelter where the developer’s wife does volunteer work. She accesses the wife’s volunteer application and posts the wife’s personal phone and email address, where she works (she is a nurse at a local hospital) along with the volunteer schedule for the month, in case someone wants to try and talk to her, by phone/email or in-person, about how the project will displace low-income people.
Member 4 shares links to the social media accounts of the developer’s teenage daughter who regularly posts about higher-end fashion items, commenting on how ironic this is.
Community opposition to the project also is the subject of a local newspaper article, which draws more viewers to the groups’ website and social media groups. The developer and members of his family soon are targeted by a wave of anti-semitic and misogynistic calls, messages and posts, including some that threaten violence. Zoom lens photos of the developer’s clothed crotch (he tends to wear spandex shorts at the gym) begin cropping up online in a series of memes calling him a d*ck. The daughter suffers anxiety and receives twice daily calls and regular texts from an ex-boyfriend saying he is worried about her and asking if she needs anything. However, she keeps telling him she is not interested in getting back together. Someone posts a doctored photo of an article about a nurse who stole opioid medications from patients, substituting the wife’s photo for the nurse who was actually charged in that incident.
– Feel free to state your opinion about whether anything about the law should change if you feel that our current law doesn’t adequately address this type of situation.
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