Qu’est-ce que le harcèlement ?
Nova Scotia’s provincial legislation defines bullying as: repeated behaviour that is intended to cause or should be known to cause fear, intimidation, humiliation, distress or other harm to another person’s body, feelings, self-esteem, reputation or property, and can be direct or indirect, and includes assisting or encouraging the behaviour in any way. It can focus on: disability, sexual orientation, gender identity, sexuality, race/ethnicity/religion, or other issues.
Cyberbullying means a direct or indirect electronic communication that was intentionally sent to cause harm to another person’s health or well-being or where the sender was reckless with regards to the risk of such consequence. Such communication may include a web page, blog, profile or message that was meant to impersonate another person, disclose sensitive information, threaten or offend another person, make a false allegation, encourage a person to commit suicide, or make any communication that might encourage someone to do any of the above.
Pour les enseignants
How does the province of Nova Scotia define bullying? Is there formal legislation in place that dicates how schools, both public and private, should protect students from bullying and promote bullying prevention?
Les enseignants sont responsables de contribuer au développement des compétences sociales et émotionnelles dont les élèves ont besoin pour entretenir des relations saines, et de leur enseigner que le harcèlement est contraire à la loi et inacceptable. Pour ce faire, ils doivent remplir certaines responsabilités et respecter certaines attentes, tant en classe que dans le cadre de leur ministère.
In Nova Scotia, there is formal legislation on bullying and cyberbullying. The Promotion of Respectful and Responsible Relationships Act was passed in 2012 to amend the Loi sur l’éducation to address bullying by promoting respectful and responsible relationship. The legislation requires school principals to address all incidents of bullying, whether face to face or electronic and whether on or off school property if such behaviour significantly disrupts the learning climate of the school.
In July 2018, Nova Scotia furthered the protection provided to victims of cyberbullying by passing into law the Intimate Images and Cyber-Protection Act (https://nslegislature.ca/legc/bills/63rd_1st/1st_read/b027.htm). Nova Scotia is the first province in Canada to adopt legislation focused on unwanted sharing of intimate images. The legislation provides support and access to non-criminal prosecution to those who have experienced cyberbullying or unwanted sharing of intimate images. The legislation allows victims or their parents to seek compensation, prohibit further contact between the victim and another individual, request the removal of online content, receive protection orders, and participate in a restorative process to resolve a dispute.
Legal Requirements for Private Schools in Nova Scotia
Sous l'égide de Loi sur l’éducation [PDF], there is no definition for the word “school”. However, the Act does define “private school” as a school, other than a public school, that serves school-age children and has a curriculum comparable to that provided by the public schools but does not include a home-education program. The Act also states that the Minister may appoint or designate a regional education officer to assess a private school, and to perform “such other duties with respect to the private school as the minister may require. This provision, and the inclusion of private schools within the Act would suggest that private schools in Nova Scotia are not exempt from ministerial regulation and the same responsibilities that public schools owe to maintain a safe and inclusive environment also apply to private schools in Nova Scotia.
Les éducateurs partagent la responsabilité avec les parents et les autres adultes de la vie des élèves pour favoriser le développement des compétences sociales et émotionnelles dont ils ont besoin pour entretenir des relations saines et leur enseigner que le harcèlement est inexcusable et inacceptable.
Voici vos droits en tant qu'enseignant :
- You have the right to expect parents and legal guardians to:
- support their children in achieving learning success; and
- support their children’s teachers in their efforts to provide an education for their children.
- Vous avez le droit d’encourager les parents ou les tuteurs légaux à communiquer régulièrement avec l’école si vous avez des inquiétudes concernant le harcèlement ou le cyberharcèlement.
Voici ce que l’on attend de vous en tant qu’enseignant :
Au niveau de la classe/de l’école :
- You are expected to attend to the health, comfort and safety of the students.
- You are expected to maintain an attitude of concern for the dignity and welfare of each student and encourage in each student an attitude of concern for the dignity and welfare of others, as well as a respect for religion, morality, truth, justice, humanity, equality, and other virtues.
- You are expected to take all reasonable steps necessary to create and maintain an orderly and safe learning environment.
- You are expected to communicate regularly with parents in accordance with policies established by the school board.
- The school principal is expected to ensure that reasonable steps are taken to create and maintain a safe, orderly, positive and effective learning environment.
- The school principal is expected to ensure that provincial and school board policies are followed, including policies in bullying and cyberbullying.
Au niveau des conseils scolaires :
- The school board is required to communicate the provincial school code of conduct to schools.
- The school board is required to ensure consistent implementation of the provincial school code of conduct policy in all schools and classrooms.
- The school board is required to provide annual professional development to principals on the provincial school code of conduct policy and proactive approaches to prevent unacceptable behaviours, such as bullying and cyberbullying.
If a student discloses, or if you as an educator have witnessed that a student has been bullied or cyberbullied at school, or if you hear about it from school personnel or someone else, these are your responsibilities as an educator.
Au niveau de la classe/de l’école :
You are expected to respond to unacceptable behaviour, such as bullying and cyberbullying, in the following manner:
- first consider the safety and security of students, staff and other members of the school community;
- assist students in developing new behaviours and strategies to reduce the reoccurance of unacceptable behaviour;
- address consequences in a fair manner that does not disproportionately impact students based on race, culture, ethnicity, religion, creed, sex, sexual orientation, gender, gender identity, gender expression, physical disability or mental disability, mental illness, age, national or aboriginal origin, socio-economic status or appearance
- use restorative strategies, when appropriate;
- consider the impact that consequences may have on the student(s) adversely affected by unacceptable behaviour;
- removing students from class only after acceptable strategies have been implemented to support a change in behaviour or as necessary to maintain a safe learning environment and ensure the student’s return to their regular class when it is safe to do so;
- provide academic support when student is removed from class or suspended from school; and
- formalize community partnerships that enhance community and school-based supports for students and families.
- As the teacher of the class, you may ask a student engaged in unacceptable behaviour, including bullying and cyberbullying, to leave the class and refer the student to the principal.
- You and other support staff are responsible for ensuring school principals or their delegates are notified of bullying and cyberbullying incidents.
- The school principal is expected to investigate and address reports of bullying and cyberbullying, including notifying parents/guardians in a timely fashion.
- The school principal may take appropriate action as specified in the provincial school code of conduct policy when a student engages in bullying or cyberbullying behaviour, whether on or off school grounds, including suspending the students for a period of up to 10 days. Responses to unacceptable behaviour need to:
- be appropriate for the student’s age and state of development and consider a student’s special needs where the behaviour is determined to be unintentional;
- be consistent with standards established in the provincial Special Education Policy, when supporting students with special needs programming relating to behaviour;
- reflect the severity of the behaviour;
- take into account the frequency and duration of the behaviour;
- be chosen primarily for their educational value;
- occur in a timely fashion;
- reflect an individualized approach to discipline; and
- be fair and equitable and respect the dignity of all involved.
- In case of a suspension, the school principal is expected to immediately notify in writing the student, the student’s teachers, the school board and the parents of the student of the reasons for the suspension.
Et enfin,
N'oubliez pas d'en tenir compte dans votre propre comportement, malgré les désaccords ou l'hostilité que vous pourriez rencontrer. Les enfants et les jeunes observent de près ce que font les adultes de leur entourage et sont influencés tout autant par vos actions que par vos paroles. Lorsque les élèves voient que vous êtes respectueux et empathique envers les autres, même lorsque vous êtes en désaccord, ils sont plus susceptibles de faire de même.
Pour plus d'informations, veuillez consulter : PREVNet.ca
Pour les parents
How does the law in Nova Scotia address bullying and how does it work to protect students, whether the bullying is on or off school property, face-to-face or electronic?
Les parents sont responsables de travailler avec les adultes de la vie de leurs enfants pour leur enseigner que le harcèlement est inexcusable et inacceptable. Les écoles, les conseils scolaires, les parents, les enseignants et les ministères doivent collaborer pour créer des environnements sécuritaires et inclusifs où chacun est traité avec respect. Dans le cadre de cette collaboration visant à créer un milieu scolaire sûr, les parents disposent de certains droits en vertu de la législation actuelle. Les parents d’un enfant victime de harcèlement ou qui a été agresseur ont divers droits qui s’appliquent dans le cadre de la classe, au niveau du conseil scolaire et au niveau du ministère.
In Nova Scotia, there is formal legislation on bullying and cyberbullying. The Promotion of Respectful and Responsible Relationships Act was passed in 2012 to amend the Loi sur l’éducation to address bullying by promoting respectful and responsible relationship. The legislation requires school principals to address all incidents of bullying, whether face to face or electronic, and whether on or off school property if such behaviour significantly disrupts the learning climate of the school. The legislation also allows the Department of Education and Early Childhood Development to establish a provincial school code of conduct policy with respect to promoting school and student safety that includes a student code of conduct and consequences for unacceptable behaviour such as bullying and cyberbullying.
In July 2018, Nova Scotia furthered the protection provided to victims of cyberbullying by passing into law the Intimate Images and Cyber-Protection Act (https://nslegislature.ca/legc/bills/63rd_1st/1st_read/b027.htm). Nova Scotia is the first province in Canada to adopt legislation focused on unwanted sharing of intimate images. The legislation provides support and access to non-criminal prosecution to those who have experienced cyberbullying or unwanted sharing of intimate images. The legislation allows victims or their parents to seek compensation, prohibit further contact between the victim and another individual, request the removal of online content, receive protection orders, and participate in a restorative process to resolve a dispute.
Legal Requirements for Private Schools in Nova Scotia
Under the Loi sur l’éducation [PDF], there is no definition for the word “school”. However, the Act does define “private school” as a school, other than a public school, that serves school-age children and has a curriculum comparable to that provided by the public schools but does not include a home-education program. The Act also states that the Minister may appoint or designate a regional education officer to assess a private school, and to perform “such other duties with respect to the private school as the minister may require”. This provision, and the inclusion of private schools within The Act would suggest that private schools in Nova Scotia are not exempt from ministerial regulation and the same responsibilities that public schools owe to maintain a safe and inclusive environment also apply to private schools in Nova Scotia.
Parents/guardians have a responsibility to work with the adults in their child’s life (teachers, school principals, coaches, and group leaders) so that together, they can teach students that bullying and cyberbullying are wrong and unacceptable. Schools, (public and private) school boards, parents, teachers, and ministries are all responsible for creating safe and inclusive environments where everyone is treated with respect.
Voici vos droits en tant que parent en vertu de la législation actuelle :
Au niveau de la classe/de l’école :
- You have the right to expect an orderly and safe learning environment where all students feel respected and accepted.
- You have the right to expect that students will be held accountable for their actions, and that responsibility and accountability will be fostered through preventative, proactive and restorative approaches.
- You have the right to expect that the school will implement the provincial school code of conduct policy.
- You have the right to expect that the school will communicate the provincial school code of conduct policy to students, parents and other school memebers.
Au niveau des conseils scolaires :
- You have the right to expect the school board to collect and monitor data on severely disruptive behaviour of students, including incidents of bullying and cyberbullying, as required by the Department of Education and Early Childhood Development, including the interventions or consequences resulting from incidents of severely disruptive behaviour on the basis of individual incidents and on an aggregate basis.
- You have the right to expect the school board to report to the Department of Education and Early Childhood Development at such times as required by the Department respecting the aggregate data on severely disruptive behaviour of students, including incidents of bullying and cyberbullying.
- You have a right to expect that the school board will communicate the provincial school code of conduct to schools.
- You have a right to expect that the school board will ensure consistent implementation of the provincial school code of conduct policy in all schools and classrooms.
- You have the right to expect that the school board will provide annual professional development to principals on the provincial school code of conduct policy and proactive approaches to prevent unacceptable behaviours, such as bullying and cyberbullying.
Au niveau du ministère :
- You have the right to expect the Department of Education and Early Childhood Development to establish a provincial school code of conduct policy with respect to promoting school and student safety that includes provisions regarding student conduct and consequences for disruptive behaviour and severely disruptive behaviour, including incidents of bullying and cyberbullying.
- You have the right to expect the Department of Education and Early Childhood Development to review the provincial school code of conduct policy every two years.
- You have the right to expect the Department of Education and Early Childhood Development to communicate the policy to school boards.
Si votre enfant vous confie avoir été victime de harcèlement scolaire ou en ligne, ou si vous en parvenez au courant par l’intermédiaire du personnel scolaire ou de quelqu’un d’autre, vos droits en tant que parent en vertu de la législation actuelle sont les suivants :
Au niveau de la classe/de l’école :
- You have the right to ask that the school administration or teachers communicate regularly with parents in accordance with policies established by the school board.
- You have the right to expect that teachers and other support staff will report the conduct of any student who engages in severely disruptive behaviour, including bullying and cyberbullying, to the principal or other person in charge of the school.
- You have the right to expect that the teacher of the class may ask a student engaged in unacceptable behaviour, including bullying and cyberbullying, to leave the class and refer the student to the principal.
- You have the right to expect that the principal will investigate and respond to reports of severely disruptive behaviour of students, including incidents of bullying and cyberbullying.
- If the principal believes the well-being of a student has been endangered as a result of the severely disruptive behaviour of any other student, you have the right to ask the principal to notify the parents of the students.
- You have the right to expect the principal to take appropriate action – as specified by the school code of conduct policy – when disruptive behaviour has occurred on or off school grounds, if such behaviour significantly disrupts the learning climate of the school. This may include the suspension of the student causing the disruptive behaviour for a period of not more than ten school days.
Au niveau des conseils scolaires :
- If you have concerns or complaints in relation to a bullying or cyberbullying incident and the interventions or consequences resulting from the incident, you have the right to expect that the school board will implement the following protocol.
- first, students and parents are required to address their concern with school staff;
- if concerns are not resolved at the school, with a board Coordinator of Student Services or other supervisory staff identified in a board’s Parent Concern Protocol;
- if concerns are not resolved with the assistance from the supervisory staff, with the Director of Programs and Services or School Administration; and
- if concerns are not resolved with the assistance of a director, with the Office of the Superintendent.
Les élèves qui sont victimes de harcèlement physique ou numérique ne veulent souvent pas que leurs parents ou leurs tuteurs en fassent part à l’école, par peur ou honte, mais les enseignants et l’administration doivent être informés de ce harcèlement afin de pouvoir l’arrêter. Travaillez avec votre enfant pour déterminer les adultes dont il ou elle a le plus confiance et avec lesquels il ou elle se sent le plus à l’aise, afin que ces adultes puissent participer à la solution.
Remember: approach the school in a calm, supportive manner despite the painful feelings of anger and worry you may feel. It is your job to protect your child, but it is the school’s role to maintain a safe learning environment for all students. It is the school’s responsibility to determine appropriate responses and consequences for the student who bullied or cyberbullied and to maintain students’ privacy. Stay focused on solving the problem – preventing further incidents and enabling your child to feel safe and supported.
Si vous découvrez que votre enfant a été victime de harcèlement scolaire ou en ligne, soit en apprenant à son sujet par le personnel scolaire, soit par quelqu’un d’autre, vos droits en tant que parent en vertu de la législation actuelle sont les suivants :
Au niveau de la classe/de l’école :
- You have a right to expect that the school will respond in the following manner:
- first consider the safety and security of students, staff and other members of the school community;
- assist students in developing new behaviours and strategies to reduce the reoccurrence of unacceptable behaviour;
- address consequences in a fair manner that does not disproportionately impact students based on race, culture, ethnicity, religion, creed, sex, sexual orientation, gender, gender identity, gender expression, physical disability or mental disability, mental illness, age, national or aboriginal origin, socio-economic status or appearance
- use restorative strategies, when appropriate;
- consider the impact that consequences may have on the student(s) adversely affected by unacceptable behaviour;
- removing students from class only after acceptable strategies have been implemented to support a change in behaviour or as necessary to maintain a safe learning environment and ensure the student’s return to their regular class when it is safe to do so;
- provide academic support when student is removed from class or suspended from school; and
- formalize community partnerships that enhance community and school-based supports for students and families.
You have a right to expect that the school’s response to unacceptable behaviour will:
- be appropriate for the student’s age and state of development and consider a student’s special needs where the behaviour is determined to be unintentional;
- be consistent with standards established in the provincial Special Education Policy, when supporting students with special needs programming relating to behaviour;
- reflect the severity of the behaviour;
- take into account the frequency and duration of the behaviour;
- be chosen primarily for their educational value;
- occur in a timely fashion;
- reflect an individualized approach to discipline; and
- be fair and equitable and respect the dignity of all involved.
- If your child is suspended, you have the right to be immediately notified, in writing, by the principal or other person in charge of the school of the reasons for the suspension.
- You have the right to request a review of the suspension within five school days of receiving the written notification.
Au niveau des conseils scolaires :
If you have concerns or complaints in relation to a bullying or cyberbullying incident and the interventions or consequences resulting from the incident, you have the right to expect that the school board will implement the following protocol.
- first, students and parents are required to address their concern with school staff;
- if concerns are not resolved at the school, with a board Coordinator of Student Services or other supervisory staff identified in a board’s Parent Concern Protocol;
- if concerns are not resolved with the assistance from the supervisory staff, with the Director of Programs and Services or School Administration; and
- if concerns are not resolved with the assistance of a director, with the Office of the Superintendent.
- Prenez le temps de gérer vos émotions. L’apprentissage que votre enfant a été victime de harcèlement physique ou numérique – ou de harcèlement envers autrui – peut être très douloureux. Écoutez attentivement les informations et, si nécessaire, indiquez que vous avez besoin de temps pour vous acclimater à cette information avant de passer à autre chose.
- Respond caringly to your child. Take reports of bullying and cyberbullying seriously. Always recognize your child’s courage in reporting or talking about the bullying. Explain to your child that it is your responsibility to help solve the problem and stop the bullying or cyberbullying, and this includes reporting the bullying to the school and working cooperatively with the school. Reassure the student who was bullied or cyberbullied that he or she has the right to be safe, to be protected by adults at school, and to be treated with respect by everyone. Help the student who bullied understand these rights. Emphasize his or her responsibility to treat others with respect.
- Visit www.prevnet.ca to gather more information about bullying and cyberbullying.
- Avant de rencontrer le personnel scolaire pour élaborer un plan de sécurité pour votre enfant ou un plan de réaction positive si votre enfant a été victime de harcèlement ou de cyberharcèlement, fixez-vous des objectifs à court et à long terme. Il est important de définir ce que vous souhaitez accomplir et de savoir ce que l’école attend de vous, en fonction des droits et des responsabilités de l’école en vertu de la législation.
- Suivre et contrôler l’efficacité du plan. Consultez régulièrement votre enfant et l’école pour vous assurer que le problème est pris en charge et qu’aucun nouvel incident n’est survenu. Commencez par consulter régulièrement, puis réduisez progressivement les visites à tous les quelques jours, toutes les semaines, etc. Il est souvent nécessaire de suivre la situation pendant plusieurs mois.
- Dès le premier moment où vous vous rendez compte de la situation, rédigez un rapport détaillé sur ce qui s’est passé, quand cela s’est produit, ce qui a été fait et si le plan d’action a été efficace pour mettre fin à la harceleurie.
Remember, you are a role model for your children. Children and youth watch what their parents do very closely, and are influenced by your actions as well as your words. If your children see you communicating respectfully and remaining constructive in the face of disagreements with others, they are more likely to behave the same way.


