SELECTED CASE LAW

ALBERTA:

2012 ABPC 299

In 2012 ABPC 299, the Court considered distribution of intimate images and harassing phone calls. After separating from his girlfriend, Mr. K distributed a cell phone video of her performing oral sex on him. He temporarily posted the video on an unnamed website and later uploaded it to a pornography website. He also made multiple, persistent harassing phone calls to the victim and to her mother, which included graphic threats.

K was convicted on two counts of criminal harassment and sentenced to 9-months imprisonment and 18-months probation. Although the Court held that threatening to post the explicit video online was an aggravating factor on sentencing, the Court decided there was not sufficient evidence for it to could conclude that K posted the video beyond a reasonable doubt.[1]


[1] 2012 ABPC 299 at para 18.

 

Criminal Offence(s): Criminal Harassment