Nova Scotia's Justice Department hasn't yet decided how it might retool anti-cyberbullying legislation created in response to the death of Rehtaeh Parsons after it was struck down by a judge late last year.

The Cyber-Safety Act was the first of its kind passed in Canada and was created to protect victims of online harassment. It was introduced in 2013 by the then-NDP government after Parsons, 17, was bullied, attempted suicide and subsequently died.

In December, Nova Scotia Supreme Court Justice Glen McDougall ruled against the law, saying it infringed on charter rights.

The act "was written in haste" and adopted in a three-week period, the province's current justice minister, Diana Whalen, said Thursday.

Since the ruling, Whalen and her department have been trying to figure out a way to bring back some of the changes the legislation enforced.

"I haven't committed to a bill yet," she said. "I certainly can say we're well aware of the need for something to take the place of that act because it really has left a void."

Whalen said government lawyers are juggling options, reviewing feedback from the education system, public prosecution office, the Segal report, and police. Change could come in the form of a new bill, an appeal of McDougall's decision, or as changes to existing legislation.

"The schools are anxious to get more information and learn more about cyberbullying," she told reporters. "[But] we need to make sure that what we write this time can stand a constitutional challenge."

Since the ruling, Justice Minister Diana Whalen and her department have been trying to figure out a way to bring back some of the changes the legislation enforced. (Andrew Vaughan/The Canadian Press)

'The real risk' of repeating mistakes

David Fraser, an internet lawyer in Halifax who challenged the act in court, hopes the government has gathered a well-rounded, experienced group of advisors to work out a solution.

"One of the principle issues of cyberbullying is that it is such a complicated and nuanced issue," he told CBC News.

"I think the real risk is — there's a risk of repeating, presumably not in the same way, but repeating a real mistake that existed in 2013, which was to make this a politics-driven decision."

One of the concerns, he said, is the government hasn't reached out to the private sector for help.

"To the best of my knowledge, nobody with expertise in this area, in the private sector or the academic sector, has been consulted by the government."

A government spokesperson says the Justice Department hasn't started formal consultations.

A deadline for an update to the law also hasn't been determined. In the meantime, she said lessons learned from the Parsons case provide the legal system with a "heightened awareness" and tools upon which future related decisions can be made.

"The tragedy of Rehteah Parsons has resonated across our province and around the world and really made a big difference in the acts that we have," she said.