Social Media: The Generation Gap Judge Christine Harapiak - - PowerPoint PPT Presentation

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Social Media: The Generation Gap Judge Christine Harapiak - - PowerPoint PPT Presentation

Aug 21, 2023 281 likes •712 views

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

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Social Media: The Generation Gap

Judge Christine Harapiak Provincial Court of Manitoba

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1981

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August 1982

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Talk to Strangers!

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  • Independence
  • Integrity
  • Diligence
  • Equality
  • Impartiality
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Poll Question

Has anyone ever uploaded images of you to the Internet?

  • 1. Yes

2. No

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someone else uploads intimate photos of you onto a website

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ACJ Lori Douglas

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

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Lawyer Jack King

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Client Alex Chapman

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“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

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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

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#icanneverbeajudge

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What's in your digital baggage?

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–

"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

  • n in the past..."

Sossin & Bacal supra

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Poll Question

Have you ever mistakenly posted on someone's Facebook wall instead of sending a private message?

  • 1. Yes

2. No

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

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Inadvertently posted criticism

  • f fellow judges
  • n prosecutor's

Facebook page

Justice Dianne Nichol

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–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

“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.".”

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Poll Question

Did you use social media prior to becoming a judge?

  • 1. Yes

2. No

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you tweet unflattering things, not thinking you may run for

  • ffice one day
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2015

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

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Manitoba provincial election - misogynistic tweets by candidate

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Candidate Resigns

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

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Candidate wins

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The Use of Social Media by Canadian Judicial Officers

  • Canadian Centre for Court Technology
  • Published May 2015
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Context - social media usage

  • Forum Research

Poll for 2015

  • Facebook 59%
  • Instagram 16%
  • Linked In 30%
  • Twitter 25%
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Judges?

Visit in personal capacity

more than once a day to rarely

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contribute in personal capacity

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visit in professional capacity

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contribute in a professional capacity

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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

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

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–Professor Jeffrey Rosen "The End of Forgetting" NY Times July 21st, 2010

"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."