I previously blogged about the Criminalization of Revenge Porn movement south of the border in a post entitled “Revenge Is A Link Best Served Cold“.
Our Government believes that the justice system exists to protect law-abiding citizens and our communities. For too long, the voices of victims have been silenced, while the system coddled criminals. Our Government has worked to re-establish Canada as a country where those who break the law are punished for their actions; where penalties match the severity of crimes committed; where the rights of victims come before the rights of criminals.
- Our Government will introduce a Victims Bill of Rights to restore victims to their rightful place at the heart of our justice system.
- Our Government will focus on protecting the most vulnerable of all victims, our children. Recent tragic deaths, including those of Amanda Todd, Rehtaeh Parsons, and Todd Loik, have shocked Canadians.Our Government will introduce legislation giving police and prosecutors new tools to effectively address cyberbullying that involves criminal invasion of privacy, intimidation and personal abuse. This legislation would create a new criminal offence prohibiting the non-consensual distribution of intimate images.…
The proposed amendments to the Criminal Code of Canada are based on the euphemistically titled report ” “Cyberbullying and the Non-consensual Distribution of Intimate Images (June 2013)” [pdf], [the "Report"]. The Report was written under the auspices of the Coordinating Committee of Senior Officials (CCSO), Criminal Justice, Cybercrime Working Group (CWG) and a Sub-Group on Cyberbullying established in January 2013 (co-chaired by the Department of Justice Canada and the Ontario Ministry of the Attorney General) at the behest of the Federal/Provincial/Territorial Ministers Responsible for Justice and Public Safety.
With respect to the “Non-Consensual Distribution of Intimate Images” (shorter version “Revenge Porn”), the Executive Summary states:
On the issue of the non-consensual distribution of intimate images, the Working Group and CCSO reviewed related literature and existing Criminal Code offences and concluded that there is a gap in the Criminal Code’s treatment of this conduct. The Working Group recommends that a new criminal offence addressing the non-consensual distribution of intimate images be created, including complementary amendments relating to, for example, the forfeiture of items used in the commission of the offence and restitution to permit the victim to be compensated for any costs associated with having the images removed from the Internet.
Read the Report and see whether criminalizing revenge porn addresses any free speech issues. Just kidding, section 2(b) of the Charter which includes the right to freedom of expression (a denuded version of the U.S. First Amendment right of free speech) is not on the Committee’s radar. When consenting adults have sex and choose to film their amorous escapades, it is the responsibility of the Canadian federal government to ensure that the revenge pornographer is prosecuted to the fullest extent of the Law. (more…)