SELECTED CASE LAW
In 2017 ONCJ 129, Mr. C, a 21-year-old man, had been dating Ms. A for three years. During their relationship Ms. A had sent some nude images to Mr. C and he had taken some nude images of her. After the relationship ended, Ms. A contacted the police after Mr. C threatened to post nude pictures of her online and send copies to Ms. A’s mother if she didn’t speak with him. Months later, several friends and co-workers received copies of the images via Instagram. Mr. C pleaded guilty to distributing the images and breaching his undertaking not to contact Ms. A.
Ms. A’s victim impact statement stated:
This has impacted my lifestyle in a way that when I look at people I know, I feel as if they see me in a different way, as they have pretty much seen what is beneath my clothing. He has shared my body with entire world. Friends, colleagues, class-mates, people who I interact and see every day of my life. To me, it is an automatic assumption people have a different outlook or perspective on who I really am. Honestly it’s hard to gain trust in anyone because of my experience with him. I am very closed off; my self-esteem has gone down. I have limited trust in new relationships with new people including my new boyfriend.
This has affected not only how people see me, how my employers see me, my friends, my families outlook on me, but most important how I now see myself.
The Courts noted Mr. C’s attempts to extort Ms. A as an aggravating factor, as well as Mr. C’s desire for revenge, the breach of trust, the traumatic impact on Ms. A, and Mr. C’s contacting Ms. A while ordered not to. It also noted the absence of aggravating factors including the fact that the photos were only posted once, to a small group of people and that Ms. A was only naked and not engaged in sexual activity.
Upon sentencing, the Court did impose some limitations on Mr. C’s internet use but noted that the use of the internet is unavoidable in modern day life. Mr. C was given a conditional dis-charge, probation for three years, 150 hours of community service, probation order including a no contact order with victim. For the first six months of his probation, Mr. C was ordered not to “use the Internet or any similar communication service to directly or indirectly access any social media sites, social network, Internet discussion forum or chat room, or maintain a personal profile on any such service (e.g. Facebook, Twitter, Tinder, Instagram, Snapchat or any equivalent or similar service). He has five days in which to comply with this condition.” For the duration of order, Mr. C was ordered to identify himself by his full name while using the internet and not to use pseudonyms, nickname, or code names, a parole officer was to have access to his computer or other devices, and he was not to possess any digital, video or photographic images of Ms. A or intimate images of any person he knows. He was given five days to delete images of Ms. A in his possession.
 2017 ONCJ 129 at para 51.
 2017 ONCJ 129 at para 119.
Criminal Offence(s): Non-Consensual Sharing of Intimate Images