SELECTED CASE LAW 

BRITISH COLUMBIA:

2009 BCPC 61

In 2009 BCPC 61, Mr. F was convicted of criminal harassment. After separating from his second wife in 2009, Mr. F mailed 150 sexually explicit photos and four video clips on a DVD to the woman’s new partner, posted intimate images on a website with the intention to humiliate his ex-wife, and threatened to send them to her friends, family and co-workers. Mr. F had filmed some of the sexual activity when they were together, after which Ms. F requested that he delete the content, which he said he would do and did not. He would call her on the phone to question what she was doing, threaten her if she did not do what he asked, and make various other threats.

He was convicted of criminal harassment and sentenced to 18-months’ probation, with additional orders including a no contact order with the victim, an order to keep his distance from her, a DNA sample, the forfeiture order of the hard drives of three computers seized from Mr. F, and an order to destroy the images. The court warned him that any future behaviour of this type would result in harsh consequences, but did not order that he not possess any pictures of videos of this type or restrain his computer use as requested by the Crown.

Also see: 2009 BCPC 60 (Sentencing); 2014 BCPC 327 (Related case)

 

Criminal Offence(s): Criminal Harassment