Legislation and Cases
Want to go directly to the source? We have compiled a list of legislation and court decisions from Ontario, across Canada, and around the world which deal with the issue of the non-consensual sharing of intimate images.
These links to primary sources are provided for information only, and are not to be taken as legal advice. This stuff can get complicated, so get in touch if you have any questions.
Canadian Laws
Publication of an intimate image without consent is a criminal offence in Canada.
This act was the first of its kind in Canada, and provides that the Province is to make supports and information for those who have had intimate images distributed without their consent. The act also creates a civil right of action (a “tort” in legalese) for non-consensual distribution of intimiate images.
This statute provides for a civil remedy for those who have had intimate images distributed without their consent. The act provides for a detailed list of orders which can be obtained, including orders prohibiting further distribution, requiring defendants to take images down from websites, and other orders. This act is broader than just intimate images, and includes cyber-bullying.
This act creates a tort for the non-consensual intimate images without the consent of the subject of the image. The act provides that an action may be brought without proof of damages. Like other acts, this statute provides that the subject’s expectations of privacy are not lost because that person consented to another person recording the images or provided the image to another person.
This act creates a tort for the non-consensual intimate images without the consent of the subject of the image. The act provides that an action may be brought without proof of damages. Like other acts, this statute provides that the subject’s expectations of privacy are not lost because that person consented to another person recording the images or provided the image to another person.
Amendments to Saskatchewan’s Privacy Act in 2018 created a right of action against people who distribute intimate images of without that person’s consent. This statute creates a “reverse onus” meaning that the distribution of the image is presumed to have been without consent of the person depicted.
Canadian Cases of Note
Jane Doe 72511 v. Morgan 2018 ONSC 6607
This was the first decision from the Ontario Superior Court of Justice which found that there could be a tort of “public disclosure of private fact.”
Ontario Court of Appeal decision about voyeurism in the context of a boyfriend taking screenshots of his then-girlfriend during a video chat and then, following the breakup, emailing those screenshots “to many people.”
Original default judgment reasons from Justice Stinson.
Justice G. Dow’s reasons for decision on the motion to set aside the default judgment
Decision on the motion for leave to appeal the decision to set aside the default judgment.