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GSPS: Outdated legislation has tied police hands in online harassment of 2SLGBTQ community members

'The difference between not being able to lay charges and not being willing to lay charges is significant,' Greater Sudbury Police statement reads

Greater Sudbury Police Service has received reports of online harassment from Sudbury's 2SLGBTQ+ community, but their hands are tied in terms of being able to pursue any type of criminal charges, Sudbury.com was told this afternoon.

"Online incidents such as these are uniquely complicated. Unkind and even offensive commentary and/or conversations online rarely cross over to the threshold of criminality as outlined in federal legislation," said an email statement to Sudbury.com, provided by GSPS spokesperson Kaitlyn Dunn.

"The threshold for criminality for both online and in-person hurtful comments is high as legislation was created long before the introduction of social media. The difference between not being able to lay charges and not being willing to lay charges is significant."

The police service acknowledged the hurt and frustration felt by members of the city's 2SLGBTQ+ community in relation to recent reports of online harassment. 

"We stand united with Fierté Sudbury Pride and the entire 2SLGBTQ community as allies and supporters. We take reports of harassment against community members very seriously and promise to do all in our power to keep them safe," said the statement.

"While we are committed to investigating these situations thoroughly and to laying charges where possible, unfortunately we are not able to lay charges in many of these incidents."

Fierté Sudbury Pride issued a statement on Facebook on Jan. 30, roughly 24 hours after a press conference hosted by members of the provincial NDP to highlight targeted harassment issues the local 2SLGBTQ+ community says it's been facing recently.

"We want to take a moment to sincerely thank all of you, community members and allies, who’ve supported us through what has been a difficult time for us and for our community," said the statement.

"We hope that you will continue to speak up and speak out when you come across hate, no matter who its target is. We also want to thank our local MPPs Jamie West and France Gélinas, as well as their colleagues at Queen’s Park, Chris Glover and Terence Kernaghan, for speaking up on behalf of our community."

You can find the entire statement below:

 

A member of the 2SLGBTQ+ community spoke with Sudbury.com following Wednesday's press conference, expressing their frustration with the lack of action taken by the Greater Sudbury Police.

"We're not even retaliating because we're being told by police not to engage these people online," they said (given the situation Sudbury.com has chosen not to identify this person by name).

"If we comment on any of their slanderous posts, then we've engaged and police can't do anything. So we're all hiding in the shadows while they're posting all their hatred and we can't do anything because then police won't take it seriously, but they're not taking it seriously anyways. It's so frustrating."

In their email statement Thursday, GSPS said that they understand that these types of incidents have a direct impact on the personal safety for members of the 2SLGBTQ+ community as many have experienced violence first hand. 

"In these cases (involving violence), police can intervene with potential criminal charges," said GSPS.

"As an inclusive organization, we promote diversity and respect across Greater Sudbury and we will continue to work to build on the relationships that we have developed while forging new relationships in the process. Our officers have and will continue to investigate each alleged incident thoroughly and consult with the Crown Attorney as appropriate."

Greater Sudbury Police says it will continue to work with Fierté Sudbury Pride and the 2SLGBTQ+ community to address concerns and provide support for community members. 

“It is unfortunate that the police were not invited to attend our press conference, that was an oversight and not intentional,” said MPP Jamie West. “The purpose of the press conference was to raise awareness of the issues being faced by the members of the 2SLGBTQ+ community and to call on all of us to do our part to eliminate these harmful behaviours.”

Alex Tétreault, chair of Fierté Sudbury Pride, is also quoted in the statement provided by police. He said the organization has been having ongoing conversations with GSPS and that frustration has been mounting over "legislation that is out of date and permits these types of comments to continue without criminal liability."

“This has caused further harm to the members of our community who have sought help," said Tétreault.

"We are confident that we can continue to build on our relationship with the police and work together toward the safety of our community and to do all that we can to eliminate hate.”