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Social Media: The Generation Gap Judge Christine Harapiak Provincial Court of Manitoba 1981 August 1982 Talk to Strangers! Independence Integrity Diligence Equality Impartiality Poll Question Has anyone ever uploaded


  1. Social Media: The Generation Gap Judge Christine Harapiak Provincial Court of Manitoba

  2. 1981

  3. August 1982

  4. Talk to Strangers!

  5. • Independence • Integrity • Diligence • Equality • Impartiality

  6. Poll Question Has anyone ever uploaded images of you to the Internet? 1. Yes 2. No

  7. someone else uploads intimate photos of you onto a website

  8. ACJ Lori Douglas

  9. nude photos of Douglas were taken by her husband, Lawyer Jack King, and uploaded to a website - Chapman was directed to it

  10. Lawyer Jack King

  11. Client Alex Chapman

  12. “A live issue in the CJC inquiry into Justice Douglas is whether or not she disclosed the existence of the photographs as part of her application to join the judiciary.” Sossin & Bacal supra

  13. canary in a coal mine • "The ...judicial investigation into the conduct of Justice Lori Douglas represents...a particular kind of canary in a particular kind of coal mine. • Soon, it will be hard to imagine a judicial appointee who does not bring significant social media baggage of one kind or another." Sossin & Bacal, "Judicial Ethics in a Digital Age" (2013) 46:3 UBC L Rev 629 at 622-23

  14. #icanneverbeajudge

  15. What's in your digital baggage?

  16. "Over time...this unfamiliarity with digital baggage will disappear. We think it will be only in the most egregious cases that a judicial nominee's digital baggage will be disqualifying (for example, where it contains evidence of unlawful activity). There is no reason to think that the judicial oath will be any less significant as a rite of passage with a candidate's digital baggage than with other roles they have taken on in the past..." – Sossin & Bacal supra

  17. Poll Question Have you ever mistakenly posted on someone's Facebook wall instead of sending a private message? 1. Yes 2. No

  18. you post on a Facebook wall thinking you are sending a private message

  19. Inadvertently posted criticism of fellow judges on prosecutor's Facebook page Justice Dianne Nichol

  20. “Restricted judicial use of social media...appears to be the burgeoning direction of most jurisdictions as views on the point crystallize. In this vein, mandatory social media training can assist in further fleshing out the content of such proportional or least restrictive restrictions, with particular emphasis on the indelible nature of ESM, the illusory perception of anonymity that tends to embolden unnecessarily and the risk of third-party use of replicated posts.".” –Professor Karen Eltis, University of Ottawa "Does Avoiding Judicial Isolation Outweigh the Risks Related to 'Professional Death by Facebook?'" 2014 Laws636, online: http:/www.mdpi.com/2075-471X/3/4/636

  21. Poll Question Did you use social media prior to becoming a judge? 1. Yes 2. No

  22. you tweet unflattering things, not thinking you may run for office one day

  23. 2015

  24. Federal election - videos surface of candidate making crank calls - pretending to be disabled in one call Dropped as candidate

  25. Manitoba provincial election - misogynistic tweets by candidate

  26. Candidate Resigns

  27. Star candidate's homophobic and misogynistic tweets/rap lyrics surface - no resignation

  28. Candidate wins

  29. The Use of Social Media by Canadian Judicial Officers • Canadian Centre for Court Technology • Published May 2015

  30. Context - social media usage • Forum Research Poll for 2015 • Facebook 59% • Instagram 16% • Linked In 30% • Twitter 25%

  31. Judges? Visit in personal capacity more than once a day to rarely

  32. contribute in personal capacity

  33. visit in professional capacity

  34. contribute in a professional capacity

  35. Sossin and Bacal - key content for guidelines should include • Definition of Social Media • Freedom to participate subject to precautions • Duty to understand any SM used • Be aware of court's SM policies and practices • Be accountable for conduct on SM • Be aware of conflict issues on SM • Understand "personal" activity will reflect on judiciary

  36. Plug into the work wide web but remember your safety hat!

  37. "In the meantime as all of us stumble over the challenges of living in a world without forgetting we need to learn new forms of empathy, new ways of defining ourselves without reference to what others say about us, and new ways of forgiving one another for the digital trails that will follow us forever." –Professor Jeffrey Rosen "The End of Forgetting" NY Times July 21st, 2010

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