Cyberbullying and the Non-consensual Distribution of Intimate Images
Annex 1: Recommendations
Recommendation 1
The Working Group acknowledges the benefits of a multi-pronged, multi-sectoral approach to the issue of cyberbullying and recommends that all levels of government continue to build on their initiatives to address the issue of cyberbullying in a comprehensive manner.
Recommendation 2
The Working Group recommends that the three offences contained in section 372 (false messages, indecent phone calls, harassing phone calls) of the Criminal Code be modernized, to make clear that these offences can be committed through the use of electronic communications, and to ensure that the scope of the communiation can be broader than just to one person.
Recommendation 3
The Working Group recommends that consideration be given to the repeal or amendment of section 751 (costs to successful party in case of libel) and 751.1 (recovery of costs-libel).
Recommendation 4
The Working Group recommends that the investigative powers contained in the Criminal Code be modernized. Specifically, the Working Group recommends that an approach consistent with recent proposed amendments on this subject to better facilitate the investigation of criminal activity, including activity that is conducted via telecommunication be introduced and implemented as part of any legislative package responding to cyberbullying. These amendments should include, among others:
- Data preservation and demand orders;
- New production orders to trace a specified communication;
- New warrants and production orders for transmission data and tracking;
- Improving judicial oversight while enhancing efficiencies in relation to authorizations, warrants and orders;
- Other amendments to existing offences and investigative powers that will assist in the investigation of cyberbullying and other crimes that implicate electronic evidence.
Recommendation 5
The Working Group recommends that a new criminal offence of non-consensual distribution of intimate images be developed.
Recommendation 6
The Working Group further concludes that in creating a new offence, consideration should be given to providing prosecutors with appropriate flexibility while maintaining the integrity of existing offences.
Recommendation 7
The Working Group recommends that the maximum penalty for the proposed new offence be set at 5 years imprisonment punishable on indictment and 6 months imprisonment on summary conviction.
Recommendation 8
The Working Group recommends making complementary amendments relating to the proposed offence of non-consensual distribution of intimate images including warrant of seizure, forfeiture, restitution, peace bonds, and spousal testimony.
Recommendation 9
The Working Group recommends that the Federal Government engage and consult, if possible, with the provinces and territories on legislative proposals should the Federal Government legislate in this area.
- Date modified: