Media lawyer Paul Gilbert has told Daybreak that judges will have to decide on "whether or not a tweet itself is more than shocking or offensive."
He added: "It's finding a balance between what the law says about this and the freedom of speech."
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Two suspected illegal immigrants have been detained after one was spotted waving at motorists while sitting on the rear axle of a lorry.
Toronto Police will not charge two men who built a long tunnel through the city "for personal reasons."
More cold, wintry weather into March