SELECTED CASE LAW
ONTARIO:
In 2012 ONCJ 691, Mr. K was found guilty of theft under $5,000 and criminal harassment after stealing his ex-partner’s phone, address book, and cellphone, and using those items to distribute links to her nude photos that Mr. K posted on a website to 20 or 30 of their friends, relatives and church acquaintances. Ms. K met Mr. K on the internet and they were later married. During their marriage, they had taken nude photos and videos of Ms. K, which he had promised to delete after they broke up. Ms. K entered a new relationship that Mr. K opposed. To punish her for entering a new relationship against his wishes, he then posted his ex-partner’s personal information on a dating site, prompting phone calls and visits from strange men at night. He also left a pornographic video at her new partner’s residence, calling it a “Valentine’s gift.”
Mr. K denied physically hurting the victim, stealing her property, or distributing her intimate images. The Court found that his testimony is not credible, and held the ex-partner was har-assed, Mr. K knew she was harassed, and that she reasonably feared for her safety. Mr. K was sentenced to 90-days imprisonment served on weekends, a 6 month conditional sentence, three years of probation, and additional orders including a firearms prohibition, no contact with the victim and members of her family, to keep his distance from where Ms. K may be, to destroy any photos of videos of Ms. K in his possession, to remove any information he has about Ms. K from any computer he has access to, and to not “publish, post or communicate directly or indirectly with anyone using any form of technology, including phone, text, email, internet communication or electronic information in any form or by any means, any information that could identify Ms. K”.[1]
Also see: 2012 ONJC 522 (Trial).
[1] 2012 ONCJ 691 schedule 1.
Criminal Offence(s): Criminal Harassment