• New Internet-Related Offences
  • April 9, 2015 | Author: Bradley J. Freedman
  • Law Firm: Borden Ladner Gervais LLP - Vancouver Office
  • In December 2014, the Protecting Canadians from Online Crime Act (formerly Bill C-13) amended the Criminal Code, the Canada Evidence Act and the Mutual Legal Assistance in Criminal Matters Act. The Criminal Code amendments included the following:
    • A new offence of publishing an intimate image without consent (s. 162.1). The offence applies if a person knowingly or recklessly publishes, distributes, transmits, sells, makes available or advertises an “intimate image” of another person knowing that the person depicted in the image did not give their consent. “Intimate image” is defined as a visual recording (including photo, film or video) of a person in which the person is nude or engaged in explicit sexual activity, which was created in circumstances that gave rise to a reasonable expectation of privacy, and in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed. It is a complete defence if the publication serves the “public good” and does not extend beyond what serves the “public good”. The offence is punishable by up to five years imprisonment, and the court may make an order prohibiting a convicted offender from using the Internet or other digital network.
    • Updates to various computer-related offences, including: possession of a device to obtain use of telecommunication facility/service (s. 327); unauthorized use of a computer (s. 342.1); possession of a device to obtain unauthorized use of computer system or to commit mischief (s. 342.2); message in false name (s. 371); false, indecent or harassing message (s. 372); and mischief in relation to computer data (s. 430(1.1)).
    • New or updated provisions regarding warrants and orders for the creation, preservation and production of various kinds of data, including computer data, transmission data, financial data and tracking data.