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The non-consensual distribution of intimate images (including videos) can occur in various situations involving adults and youth, including relationship breakdown and cyberbullying. During the relationship, the partners may exchange or take intimate photos of themselves for their personal use, but when the relationship breaks down, one of the former partners may provide/distribute the intimate images to the other partners' family, friends, employers etc., or may post such images on the Internet, in order to seek revenge on their former partner. Young people are increasingly consensually exchanging intimate images, which may later become fodder for humiliating cyberbullying attacks, with these images spreading quickly and often uncontrollably. Often these images are originally intended for an individual or only a small number of other people but are disseminated more widely than the originator consented to or anticipated. The effect of this distribution is a violation of the depicted person's privacy in relation to images, the distribution of which is likely to be embarrassing, humiliating, harassing, and degrading or to otherwise harm that person. The Working Group has also received anecdotal reports that Canadian law enforcement receive complaints about the non consensual distribution of intimate images on a regular basis, but unless the intimate images qualify as child pornography, or are accompanied by additional aggravating features/conduct there is likely no criminal action that can be taken. In cases where the intimate image depicts a person under the age of 18 engaged in explicit sexual activity or the dominant purpose of the recording is the depiction for a sexual purpose of that person's sexual organs or anal region, the image constitutes child pornography and is captured by the Criminal Code's child pornography provisions (section 163.1). Policy Basis for a New Offence Some members of the Working Group expressed the view that the child pornography provisions (especially when applied to cases involving older teens) were not designed to address this type of behaviour. The prevalence of this activity among young adults and youth has been fuelled by the growth in social media and it is becoming increasingly evident that these types of cases are being dealt with differently by police, Crown and the courts than "typical child pornography cases." Footnote 36 There is a risk that if a judge feels that a case is more appropriately one of non-consensual distribution of intimate images but child pornography is charged, the result may be a judicial expansion of the Sharpe personal use exception to the child pornography provisions resulting in more of this type of behaviour being excluded from the child pornography offence. Footnote 37 The Working Group agreed that the new offence should not weaken existing offences, particularly those that address child pornography. However, all the PT and PPSC members preferred an approach that would allow police and/or Crown prosecutors to exercise their discretion as to which charge to pursue depending on the facts and circumstances of the case. Penalty Restitution in criminal cases can only be ordered where there are readily ascertainable losses related to categories outlined in section 738 of the Criminal Code. For example, where a victim suffered loss or destruction of property due to the offence, physical or psychological harm as a result of the offence, or incurred costs to re-establish their identity in the case of an offence under section 402.2 (identity theft) or section 403 (identity fraud), the court can order restitution. faux saint laurent baghong kong replica bags
faux saint laurent bag
The non-consensual distribution of intimate images (including videos) can occur in various situations involving adults and youth, including relationship breakdown and cyberbullying. During the relationship, the partners may exchange or take intimate photos of themselves for their personal use, but when the relationship breaks down, one of the former partners may provide/distribute the intimate images to the other partners' family, friends, employers etc., or may post such images on the Internet, in order to seek revenge on their former partner. Young people are increasingly consensually exchanging intimate images, which may later become fodder for humiliating cyberbullying attacks, with these images spreading quickly and often uncontrollably. Often these images are originally intended for an individual or only a small number of other people but are disseminated more widely than the originator consented to or anticipated. The effect of this distribution is a violation of the depicted person's privacy in relation to images, the distribution of which is likely to be embarrassing, humiliating, harassing, and degrading or to otherwise harm that person. The Working Group has also received anecdotal reports that Canadian law enforcement receive complaints about the non consensual distribution of intimate images on a regular basis, but unless the intimate images qualify as child pornography, or are accompanied by additional aggravating features/conduct there is likely no criminal action that can be taken. In cases where the intimate image depicts a person under the age of 18 engaged in explicit sexual activity or the dominant purpose of the recording is the depiction for a sexual purpose of that person's sexual organs or anal region, the image constitutes child pornography and is captured by the Criminal Code's child pornography provisions (section 163.1). Policy Basis for a New Offence Some members of the Working Group expressed the view that the child pornography provisions (especially when applied to cases involving older teens) were not designed to address this type of behaviour. The prevalence of this activity among young adults and youth has been fuelled by the growth in social media and it is becoming increasingly evident that these types of cases are being dealt with differently by police, Crown and the courts than "typical child pornography cases." Footnote 36 There is a risk that if a judge feels that a case is more appropriately one of non-consensual distribution of intimate images but child pornography is charged, the result may be a judicial expansion of the Sharpe personal use exception to the child pornography provisions resulting in more of this type of behaviour being excluded from the child pornography offence. Footnote 37 The Working Group agreed that the new offence should not weaken existing offences, particularly those that address child pornography. However, all the PT and PPSC members preferred an approach that would allow police and/or Crown prosecutors to exercise their discretion as to which charge to pursue depending on the facts and circumstances of the case. Penalty Restitution in criminal cases can only be ordered where there are readily ascertainable losses related to categories outlined in section 738 of the Criminal Code. For example, where a victim suffered loss or destruction of property due to the offence, physical or psychological harm as a result of the offence, or incurred costs to re-establish their identity in the case of an offence under section 402.2 (identity theft) or section 403 (identity fraud), the court can order restitution. faux saint laurent bag
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