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Toronto Sun:
**Jail no place for prolific tweeter **
In the early morning hours of Nov. 21, 2012, Gregory Alan Elliott saw two members of the Toronto Police Service marching up his front walk. As any innocent father-of-four would, Elliott picked up his Twitter-equipped smart phone and called his eldest son to confirm that all of his kids were OK.
What Elliott didn’t know at that moment — what he could not have known — was that, within hours, he’d find himself locked in the bowels of the Old City Hall Courthouse accused of … tweeting. He did not expect to be handcuffed and hauled before the presiding justice of the peace and told by the prosecuting Crown attorney that she was applying to keep him in custody until the conclusion of his trial because he had … tweeted. Mr. Elliott did not envision that he would spend the next two nights sleeping on the urine-splashed floor of the notorious Don Jail and he did not anticipate that he would give up the next three years of his life, his reputation, his job as a graphic artist, and his life savings, for sending … tweets.
Good on Judge Knazan. Free speech in Canada is in sorry shape, maybe this ruling will help reverse that.But that’s what happened. Thankfully — and justly — on Friday, Mr. Justice Brent Knazan acquitted Elliott on charges of criminally harassing Stephanie Guthrie and Heather Reilly on Twitter. In his reasons for judgment that beautifully combined philosophy, the law, hashtags and common sense, Knazan confirmed that Elliott never physically hurt, threatened, or sexually harassed the complainants. Knazan fairly concluded that the volume — and not the content — of Elliott’s political and self-defending tweets had the effect of troubling both complainants; he also found that — in Ms. Guthrie’s case — the sheer volume of tweets caused her to fear Mr. Elliott.
Importantly, however, the judge clearly ruled that any fear the complainants had of Elliott was unreasonable. This is the golden thread that will be woven through future social media prosecutions in Canada.