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

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September 11, 2012 and Following 152. On September 11, 2012, Ms. Reilly filed a complaint with Twitter about Mr. Elliott’s tweets. (The complaint would ultimately be dismissed by Twitter because, inter alia, there appeared to be an active conversation between Mr. Elliott and Ms. Reilly.) 153. On September 12, 2012, Mr. Elliott sent the following tweet wherein he mentioned the #TBTB hashtag: You think men are "safe"? â€œ@ronobot: #TBTB because walking around the city at night shouldn't be a privilege that only men get to 142 enjoy.â€ When cross-examined on this tweet, Ms. Guthrie confirmed that Mr. Elliott appeared to have cut-and-pasted another Twitter user’s tweet that had included the #TBTB hashtag, and testified to the following: Q. Do you think it’s valid political commentary for Mr. Elliott to say “you think men are safe”? A. What is the ... why does it matter how valid the commentary is, Mr. Murphy? Can you tell me that? Q. Again, is that another rhetorical question? A. No, this one I’m curious. What does it matter how valid the point was? 143 It is submitted again that Ms. Guthrie – the creator and director of the political organization WiTopoli – would not tolerate frequent dissenting commentary on her politics and her political tweets. 154. On September 12, 2012 – the day after filing her complaint with Twitter regarding Mr. Elliott’s harassment, and a week after she had allegedly become fearful that Mr. Elliott had crossed into her real-life world at the Cadillac Lounge, Ms. Reilly sent a tweet to all of her followers and mentioned the parody account @GregurdyAerdiot. Ms. Reilly’s tweet said “hey, I see you’re a Madonna fan…” and attached a photograph of Mr. Elliott’s tweet wherein he had asked Madonna to “hook up” after Madonna’s Toronto performance that evening. It is respectfully submitted that Ms. Reilly’s open taunt of Mr. Elliott again demonstrated that she was not fearful of Mr. Elliott on September 12 th . 155. On September 13, 2012, Ms. Reilly tweeted the following, apparently in reference to the @GregurdyAerdiot parody account: 142 Exhibit 2I. 143 Stephanie Guthrie: July 23, 2014, p. 40, lines 21-‐30. 44
@KateCarraway @rachelmack I wouldn’t be surprised if the “real one” grossed you out more. It appears to be his thing. Ew. 144 156. On October 14, at a time when Mr. Elliott had not had any contact with either Ms. Guthrie or Ms. Reilly for over a month, both complainants contributed to a conversation about Mr. Elliott wherein it was suggested that a “public shaming” might be in order. Ms. Reilly, who was allegedly fearful of Mr. Elliott at the time, wrote: @bejaminboles @junctionette @amirightfolks@SlutWalkTO Agreed. He is out of left field and I remember him going off on @kady a week ago. 145 In the same tweet, at the bottom of the first page, Ms. Guthrie “favourites” a tweet where @junctionette suggests: “Important for men to put guys like him [Mr. Elliott] in his place”. 146 On the final page of the tweet conversation, Ms. Guthrie confirmed that the idea of painting “GAE creep quotes next to his graffiti pieces” “has been floated by 4 different pockets of Twitter pals!” 157. When asked to confirm why Ms. Guthrie was discussing Mr. Elliott when he had not had any communication with Ms. Guthrie for the preceding month, the following exchanged occurred: Q. Right. Okay. So there’s been radio silence for a month before you start tweeting about Mr. Elliott on October the 14th, fair? A. Well, I didn’t start tweeting about him. As you can see I was not the initial tweet. Other people were talking about him and tagging me in it. And at one point I made a very brief contribution to comment on how many times a certain idea for dealing with his behaviour had been floated. I didn’t say this was an idea that I encouraged. I didn’t say it was my idea. I simply said a number of people had floated this idea. So, yes, I contributed to that conversation very briefly. 147 158. Regarding these October 14 th tweets, it is submitted, again, that had the complainants been actually fearful of Mr. Elliott during this period, they would not have been taunting Mr. Elliott in such a fashion. Further, the fact that there is no evidence that Mr. Elliott responded to this series of maligning tweets sent by the complainants tends to suggest that Mr. Elliott was not obsessed with the complainants and was not monitoring their Twitter accounts. 144 Exhibit 61. 145 Exhibit 39. 146 Ibid. 147 Stephanie Guthrie: July 23, 2014, p. 56, lines 2-‐14. 45
Page 1 and 2: ONTARIO COURT OF JUSTICE B E T W E
Page 3 and 4: Twitter would not censor active con
Page 5 and 6: Q: Okay. Can you tell me where befo
Page 7 and 8: of Ms. Guthrie, when the latter was
Page 9 and 10: Hello, my Twitter account had been
Page 11 and 12: the result is a “mention”, and
Page 13 and 14: Elliott’s #AOTID tweets appear to
Page 15 and 16: she is fully in favour of online vi
Page 17 and 18: 47. It is submitted that Ms. Guthri
Page 19 and 20: external event or follow closely on
Page 21 and 22: fine. But he was very angry that I
Page 23 and 24: esponding to was Mr. Elliott saying
Page 25 and 26: August 2012 to plot a course of act
Page 27 and 28: Ms. Reilly. On August 2, 2012, Ms.
Page 29 and 30: not harassing in any fashion. This
Page 31 and 32: 99. Importantly, there is no sugges
Page 33 and 34: Given that Ms. Reilly did not inclu
Page 35 and 36: 20 #women I’ve helped think you
Page 37 and 38: 125. On August 24 2012, both Steph
Page 39 and 40: Ms. Reilly’s Storify Account goes
Page 41 and 42: 142. At 11:11:00, Ms. Guthrie had s
Page 43: truly believed that Mr. Elliott was
Page 47 and 48: 165. Further, in cross-examination,
Page 49 and 50: Q. But just to be very clear, Ms. R
Page 51 and 52: A. Not that I’m aware. Not at all
Page 53 and 54: #AOTID Debate 182. On November 15,
Page 55 and 56: A. I’m being honest with you that
Page 57 and 58: probable. I just said it was a poss
Page 59 and 60: Q. Okay. A. If I’m speaking to an
Page 61 and 62: that you’ve given to Ms. Goldenbe
Page 63 and 64: (a) repeatedly following from place
Page 65 and 66: 231. Before the Crown Attorney can
Page 67 and 68: political positions. Mr. Elliott wa
Page 69 and 70: you very afraid for your safety? A.
Page 71 and 72: persuade the Court that she had fea

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

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