Posts Tagged ‘Criminal Code of Canada’

Sex, Laws and Videotape: Canadian Government Moves Ahead to Criminalize Revenge Porn

October 24, 2013

Sex, Lies and Videotape (Poster image via Wikipedia)

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“.

From the October 16, 2013 Speech From The Throne:

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…)

Access To Justice for Victims of International Terrorism

April 16, 2012
Wikinews tag terrorism

Wikinews tag terrorism (Photo credit: Wikipedia)

The Solicitors Journal (UK) reports today that “Victims of international terrorist attacks can claim compensation”:

“Ministers announced in February that they would be cutting compensation for victims of domestic crime who currently qualify for compensation of £2,000 or less from the Criminal Injuries Compensation Scheme (see, 6 February 2012).

However, they said victims of overseas terrorist attacks, which took place from January 2002, would be entitled to apply for compensation on an ‘ex gratia’ basis.

The MoJ announced today that those caught up in six international incidents would be the first to be able to claim.

These are the nightclub bombing by Islamist extremists on the island of Bali, Indonesia, in October 2002, and the attack on Mumbai by Pakistan-based militants in November 2008.

Terrorist attacks on Red Sea resorts in Egypt, Sharm el Sheikh in 2005 and Dahab in 2006, and resorts in Turkey, Kusadasi in 2005 and Marmaris in 2006 complete the list.

A spokeswoman for the MoJ said people injured in other terrorist attacks abroad can apply to the foreign secretary, who will consider adding the incident to the scheme.”

The report cites a Ministry of Justice spokeswoman that  the “[UK] government would introduce a statutory scheme for future terrorist incidents as soon as parliamentary time allowed.”

Back here in the Colonies, the Canadian government recently enacted Bill C-10 (short title: Safe Streets and Communities Act), an omnibus criminal law statute, which received Royal Assent on March 13, 2012. (more…)

%d bloggers like this: