Jane Bailey on AB v. Bragg and Why the “e” word matters

You probably heard or read about AB v Bragg in the media. It’s the case about the 15 year old girl who wanted to be able to use a pseudonym (rather than her real name) to pursue an order requiring an Internet Service Provider (ISP) to disclose customer information relating to the IP address from which a fake Facebook profile about her originated. AB went all the way to the Supreme Court of Canada (SCC) and was ultimately granted this right. The analyses at first instance, before the Nova Scotia Court of Appeal and before the Supreme Court of Canada focused primarily on the privacy interests of young people.

On November 21, 2012, in an invited lecture organized by the University of Ottawa Women and the Law Association, Professor Bailey explored the kinds of equality arguments that might have been advanced in support of the SCC’s decision. She considered some of the reasons why equality was not raised and suggested why the absence of the “e” word matters.

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