R-v-Elliott-Submissions-15-April-7

A:Well, he…if I recall correctly…hmm. Hang on, give me a moment,
please. I do believe that he may have had me blocked at that time. I
think I recall him tweeting, though it wouldn’t be in this exhibit because I
don’t think he tagged me in it, but I believe I was alerted to a tweet in
which he said, “I blocked you, so…so there.” or something to that effect.
So it’s possible he had me blocked at that time. However, there are
many instances of evidence of him continuing to comment on my tweets.
Comment on things that I was stated on Twitter that he would not have
known if he was not continuing to monitor my activity on Twitter. 22
27. Following Ms. Guthrie’s attempt to backtrack from her above-referenced
testimony, Ms. Guthrie ultimately confirmed the following regarding whether she
was aware if Mr. Elliott ever received her September 9 th tweets:
Q: Okay. So I think my question was…you don’t know if he [Mr. Elliott]
had blocked you on September 9 th ?
A: I don’t know if he had blocked me, no.
Q: So then, obviously you don’t know whether or not he ever received
your message of stop?
A: No, I don’t. 23
28. Ms. Guthrie, herself, cannot therefore confirm that Mr. Elliott ever became aware
that she wanted Mr. Elliott to stop contacting her. Indeed, although Ms. Guthrie
had communicated with Mr. Elliott by email in the spring of 2012, she chose not
to advise Mr. Elliott by email to stop contacting her, and she chose not to Direct
Message Mr. Elliott on Twitter. Further to this point, prior to charging Mr.
Elliott with criminal harassment, the police did not warn Mr. Elliott to stay away
from the complainants. Mr. Elliott did not make any inculpatory statements to the
police upon his arrest suggesting he was aware that Ms. Guthrie wanted him to
stop contacting her. And the police did not obtain a Production Order in order to
determine which tweets – if any – Mr. Elliott received. Certainly, therefore, one
available inference on the evidence is that Mr. Elliott did not know that Ms.
Guthrie wanted him to stop contacting her.
29. Further, while a small percentage of Mr. Elliott’s tweets in Exhibit 2AJ were
directed at either of the complainants, the vast majority of Mr. Elliott’s tweets
were not. Indeed, as confirmed by the Crown Attorney’s expert witness, in the
world of Twitter, messages are “directed to” the Twitter handles (i.e.:
@paisleyrae) only when the handles are found at the front of the tweet.
According to PC Dayler, if another user’s Twitter handle is used later in the tweet,
22 Stephanie Guthrie: January 10, 2014, p. 69, line 22-­‐p. 70, line 4.
23 Stephanie Guthrie: January 10, 2014, p. 71, lines 27-­‐32, p. 72, lines 1-­‐2,
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