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Alberta Politics: Brian Jean’s crack about beating Rachel Notley may have ended his hopes to lead Alberta’s right

PHOTOS: Opposition Leader Brian Jean, haunted by the radicalism of his own rural-dominated party, now looks like he’s stumbled into the same snake pit of anger and misogyny. (Photo from Wildrose.ca.) Below: Premier Rachel Notley, the subject of Mr. J… . . . → Read More: Alberta Politics: Brian Jean’s crack about beating Rachel Notley may have ended his hopes to lead Alberta’s right

Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

There is no denying that we live in a new age of social media, where expressing your inner most thoughts and personal feelings to an online audience is just plain normal.

While it may be tempting to speak out about the trials and tribulations you encounter with your ex spouse following the breakdown of your relationship, airing your frustrations online can cost you a whole lot more than you think …

Canadian Courts have seen the use of social media as evidence in family law proceedings increase dramatically in the past few years:

  • M(MJ) v. D(A), 2008 ABPC 379 -The Court in this case dismissed an application for guardianship for the parties’ child that had been brought by the Father, instead granting him very modest access.  This decision was made in part due to the Court’s finding that the Father had “demonstrated and displayed publicly (at least to his some 95 “friends” on his Facebook page) his disregard and callous lack of consideration of the mother and his demeaning and dismissive attitude to her”. The Father’s online activities sadly led the Court to determine that: “… there is no evidence that these parents can work together or communicate effectively. The father’s actions around his Facebook link is indicative of his lack of respect for the mother yet asks that decision-making be shared. I believe in such a situation that a shared decision-making arrangement would be destructive and chaotic for the child. The child is entitled to grow up in an atmosphere free of acrimony, rancour, disharmony and disrespect. The father has demonstrated he is unable to act as a principled decision-maker for the child and his attitude to the mother further demonstrates that he will continue to be dismissive of her and will attempt to enforce his will on her at every opportunity if he had any decision-making authority. This is not in the best interests of the child.”
  • W(JWA) v. B(A), 2008 NBQB 157 – In this case, the Court admitted Facebook photographs into evidence, which depicted the Mother dancing at a bar, drinking alcohol, and smoking marijuana. In consideration of the totality of evidence, including these photographs, the Court was of the opinion that the Mother lacked the same maturity as the Father, who appeared to be better suited to care for the child’s physical, emotional, social and economic needs. This ultimately led tot he Court finding that it was in the child’s best interest to reside primarily with the Father.
  • Byram v Byram, [2011] N.B.J. No. 120. – The Mother in this case was granted custody of the parties’ children in part as the Court determined that the Father had “spared no effort to vilify the Applicant through Facebook and the internet….” In the circumstances, the Court was not prepared to grant joint custody, noting that this would only be appropriate in cases “where the parents can cooperate and communicate effectively”. 
  • Tran v Tran, 2015 ONSC 5838 – In this case, the Mother relied upon Instagram and Facebook posts as evidence that the Father was currently employed and had purchased a BMW instead of providing child support. Though the motion judge was not prepared to impute income to the Father, it was noted that the mother’s evidence was strong, and the issue was reserved for trial.

How to Protect Yourself 

While it may seem like common sense, it is a beneficial reminder:

  • To not post and/or tweet anything about or in relation to your ex online that is negative or alludes to negative feelings about them;
  • Do not post anything in relation to any extracurricular/adult activities you may be involved in, or anything that could be misconstrued (In other words, posting that picture of you passed out in a bar surrounded by empty beer bottles may not be the best idea);
  • Use your privacy settings and make your social media private;
  • Do a thorough sweep of your “friends” on social media and delete/block anyone who may have the potential to create drama in relation to your family law matter.
  • If you have a hard time maintaining your composure online, you may want to consider temporarily suspending or even deleting your social media accounts, particularly during the course of your family law litigation;
  • As a rule of thumb, do not post or tweet anything that you would not want a judge to read.

Collecting Evidence


A few things to bear in mind:

Firstly, you cannot deceitfully or illegally collect evidence from a spouse’s social media page. Put simply, you cannot hack your ex’s social media page, or make a fake account for the purposes of gaining access to collect evidence.

That being said however, if you do come across some useful information online through the proper channels, it may be possible to rely upon and use this in your litigation.

In many cases your ex’s online presence may confirm things are awry. For example, he/she may post about a job though claiming to be unemployed; post pictures of his/her luxurious yacht vacation, though alleging to have no assets; or post pictures or comments that suggest poor parenting judgment.

Now that you have read this, consider for just a moment what you could possibly stand to gain from ranting about your ex online…The next time you are tempted to post a not-so-friendly tweet about your ex, just imagine the cringe-worthy moment when it is read out loud in open court.

– Simran Bakshi, Associate and Rachel Spence, Law Clerk

Visit our website: www.wiselaw.net

. . . → Read More: Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

There is no denying that we live in a new age of social media, where expressing your inner most thoughts and personal feelings to an online audience is just plain normal.While it may be tempting to speak out about the trials and tribulations you encou… . . . → Read More: Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

Dead Wild Roses: Welcome to the Shitfestival, brought to you by Po-Mo and Social Media.

“How We Reached the Point Where We Can’t Hear Each Other” is a article on Counterpunch by Joseph Natoli. I’ve excerpted some of the beginning bits for context, but the best is when he focuses on what is happening in Education and how people are taught to think these days. I’m also a fan of […] . . . → Read More: Dead Wild Roses: Welcome to the Shitfestival, brought to you by Po-Mo and Social Media.

Alberta Politics: Jason Kenney’s bizarre ‘Brexit’ broadsides: the explanation is in the dog-whistle

ILLUSTRATION: Press Progress’s take on Jason Kenney’s “Brexit” broadsides Thursday night and yesterday morning (Press Progress image). Below: The Acme Professional Dog Whistle, now commanding attention all over the world. It is made in U.K. You… . . . → Read More: Alberta Politics: Jason Kenney’s bizarre ‘Brexit’ broadsides: the explanation is in the dog-whistle

daveberta.ca – Alberta Politics: How Young Voters are accessing information about elections, from the National Youth Voter Survey

“Young people don’t vote,” is a common refrain heard in Canadian politics and until recently, low voter turnout by younger voters supported that claim. The recently released National Youth Voter Survey conducted by Elections Canada following th… . . . → Read More: daveberta.ca – Alberta Politics: How Young Voters are accessing information about elections, from the National Youth Voter Survey

Alberta Politics: Time for parties of the Canadian and Alberta right to deal with the violent extremists in their midst

PHOTOS: Nigel Farage, leader of the extremist U.K. Independence Party, at the 2013 Manning Conference in Ottawa. That’s former Australian prime minister John Howard with his back to the camera, for what it’s worth. Below: The target picturing Alber… . . . → Read More: Alberta Politics: Time for parties of the Canadian and Alberta right to deal with the violent extremists in their midst

Trashy's World: Let’s call this a Thursday rant…

(… well, technically I am writing this on Wednesday night but it won’t pop up till tomorrow..) Rant # 1 – People on social media who make a fulltime job of bitching and complaining about everything. Like, EVERYTHING! A sampling from a… . . . → Read More: Trashy’s World: Let’s call this a Thursday rant…

Bill Longstaff: CBC to require real names on comments

In 1990, American attorney and author Mike Godwin enunciated a law regarding online discussions which roughly stated that as a thread of posts grew longer, inevitably someone would call someone else a Nazi. According to Godwin, "I wanted folks who glibly compared someone else to Hitler or to Nazis to think a bit harder about the Holocaust." The CBC, it appears, also wants posters on its . . . → Read More: Bill Longstaff: CBC to require real names on comments

Bill Longstaff: CBC to require real names on comments

In 1990, American attorney and author Mike Godwin enunciated a law regarding online discussions which roughly stated that as a thread of posts grew longer, inevitably someone would call someone else a Nazi. According to Godwin, "I wanted folks who glibly compared someone else to Hitler or to Nazis to think a bit harder about the Holocaust." The CBC, it appears, also wants posters on its . . . → Read More: Bill Longstaff: CBC to require real names on comments

Alberta Politics: Brian Jean’s Wildrose Party leadership is now unquestioned: the fall of Derek Fildebrandt explained

PHOTOS: Brian Jean will be in the background no more … Back in 2015, Derek Fildebrandt was dominating the conversation, refusing to answer questions from a CBC reporter who had annoyed him, as his former party leader looked on, apparently bemused (CB… . . . → Read More: Alberta Politics: Brian Jean’s Wildrose Party leadership is now unquestioned: the fall of Derek Fildebrandt explained

Accidental Deliberations: On controversial responses

A propos of nothing in particular, let’s go over this a couple more times:Colby Cosh’s latest on the role of the “human search engine” in tracking down information about candidates and elected officials is worth a read. But it’s worth keeping in mind… . . . → Read More: Accidental Deliberations: On controversial responses

The Canadian Progressive: #AskAmbrose: Rona Ambrose Avoided Canadians’ Tough Questions During Twitter Q&A

#AskAmbrose? On Tuesday, Rona Ambrose hosted a Q&A session at Twitter headquarters. The interim Conservative leader avoided Canadians’ tough questions. The post #AskAmbrose: Rona Ambrose Avoided Canadians’ Tough Questions During Twitter Q&#0… . . . → Read More: The Canadian Progressive: #AskAmbrose: Rona Ambrose Avoided Canadians’ Tough Questions During Twitter Q&A

Things Are Good: Be Conscious How Social Media Impacts Your Mental Health

Last year a study was released that identified Facebook as a contributor to people’s depression, it’s likely that other forms of social media do the same. Researchers are finding that if you use social media and compare yourself to what you see posted there will indeed make you feel worse; however, if you use social […]

The post Be Conscious How Social Media Impacts Your Mental Health appeared first on Things Are Good.

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Alberta Politics: It’s not just the #kudatah – it’s the feeling Alberta’s conservatives are all boarding the Crazy Train

PHOTOS: George Clark, Alberta’s answer to Joan of Arc. (Screen grab from Youtube.com.) Below: Wildrose Party Leader Brian Jean, who with his MLAs is tacitly supporting Mr. Clark’s efforts; the origin of the #kudatah meme; Preston Manning, a conserv… . . . → Read More: Alberta Politics: It’s not just the #kudatah – it’s the feeling Alberta’s conservatives are all boarding the Crazy Train

The Canadian Progressive: Supreme Court of Canada Joins Twitter

The Supreme Court of Canada announced the launch of its new English and French Twitter accounts on Monday. According to Chief Justice Beverley McLachlin: “Communicating on Twitter forms part of the Court’s commitment to open and accessible justice…. . . . → Read More: The Canadian Progressive: Supreme Court of Canada Joins Twitter

Alberta Politics: As widely predicted, Calgary-Bow MLA Deborah Drever invited to rejoin New Democratic Party Government’s caucus

PHOTOS: Surrounded and supported by NDP House Leader Brian Mason, Calgary-Varsity MLA Stephanie McLean and Finance Minister Joe Ceci, Calgary-Bow MLA Deborah Drever addresses the media in Calgary yesterday after being welcomed back into the Government … . . . → Read More: Alberta Politics: As widely predicted, Calgary-Bow MLA Deborah Drever invited to rejoin New Democratic Party Government’s caucus

Alberta Politics: Calgary Sun, angry conservatives try to spin a glorified typographical error into the first political brouhaha of 2016

PHOTOS: Independent Calgary-Bow MLA Deborah Drever in a recent shot grabbed from her Facebook page. Below: Wildrose Finance Critic Derek Fildebrand (grabbed from Facebook) and PC interim Leader Ric McIver (from Wikipedia). The Calgary Sun called it “… . . . → Read More: Alberta Politics: Calgary Sun, angry conservatives try to spin a glorified typographical error into the first political brouhaha of 2016

Alberta Politics: Violent, lurid and misogynistic threats against NDP politicians are both enabled and exposed by social media

PHOTOS: Opposition Leader Brian Jean addresses foes of Bill 6 on the steps of the Alberta Legislature. (Photo grabbed from his Facebook page.) Below: Alberta premiers Ralph Klein, Alison Redford, Ed Stelmach and Rachel Notley. It seemed pretty rich for… . . . → Read More: Alberta Politics: Violent, lurid and misogynistic threats against NDP politicians are both enabled and exposed by social media

Montreal Simon: Rick Mercer on the Disgraceful Failure of the MSM

I've wrote quite a few posts about the shameless role most of the MSM and their porky bosses played in the election campaign.How they betrayed Canadians.How they even censored Andrew Coyne.How almost all of them endorsed the Cons.So now I think I'll just let Rick Mercer sum up their disgrace…Read more »

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Alberta Politics: Death threats and vile misogynist commentary about NDP politicians infest Alberta social media

PHOTOS: An organizer of a rally by the group Albertans Against the NDP, addresses a couple of dozen supporters in Calgary last Saturday. The horses are public art and were not technically part of the rally. Until recently, the group’s home page featured violent and offensive commentary about the Alberta NDP. Below: Alberta Progressive Conservative . . . → Read More: Alberta Politics: Death threats and vile misogynist commentary about NDP politicians infest Alberta social media

Accidental Deliberations: On changing standards

Paul MacLeod reports on the latest candidate to be summarily axed due to an even mildly controversial social media history uncovered by Robert Jago, while Robyn Urback suggests either a truce or a wholesale destruction of past posts.

But it’s worth asking what comes next for Canada’s political parties – and particularly whether they’ll have . . . → Read More: Accidental Deliberations: On changing standards

Montreal Simon: Are Stephen Harper and His Cons Creeping Out Our Social Media?

Well it's a horrible thought. The kind of thought that could give you nightmares.But Stephen Harper is desperate. He knows the internet is his enemy. The only thing he can't control.Or scare into submission.So it seems that him and his Con gang may have been creeping out Facebook.As the CBC's Reg Sherren discovered when . . . → Read More: Montreal Simon: Are Stephen Harper and His Cons Creeping Out Our Social Media?

Alberta Politics: Thomas Lukaszuk, once the Gorgeous George of Alberta politics, ponders an unlikely political resurrection

PHOTOS: Thomas Lukaszuk, at what was arguably the summit of his political career, launching his bid in May 2014 to lead the Progressive Conservative Party and become premier of Alberta. Below: Mr. Lukaszuk showing his flowing locks to advantage, 1950s wrestling star Gorgeous George, and Edmonton-Castle Down MLA Nicole Goehring. When Thomas Lukaszuk announced he . . . → Read More: Alberta Politics: Thomas Lukaszuk, once the Gorgeous George of Alberta politics, ponders an unlikely political resurrection

Dead Wild Roses: Locked Tight – Why You Can’t Retweet Me – By Stacey May Fowles

Wow. What brilliant article by Ms.Fowles recently published by the Walrus. I’m gonna put the whole thing up here because it sheds light on so many of the issues that face women today in the online world. Consider this example #2348239487 of how woman’s experiences in society are dramatically different than those of men.

 

. . . → Read More: Dead Wild Roses: Locked Tight – Why You Can’t Retweet Me – By Stacey May Fowles