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TECH-FACILITATED VIOLENCE

civil litigation

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Non-consensual intimate image sharing is an offence listed in the Criminal Code and can be reported to the police. In Nova Scotia, there are additional ways to address this issue, which can be pursued alongside or independently of criminal charges. The Intimate Images and Cyber-protection Act permits a victim to seek a court order against the perpetrator. Additionally, the Cyberscan unit can attempt informal resolution between the victim and perpetrator.  

Nonconsensual Distribution of Intimate Images

In Nova Scotia, the Intimate Images and Cyber-protection Act addresses various forms of technological violence, including the non-consensual distribution of intimate images. This act provides legal recourse for individuals who have experienced such violations. Intimate images are defined as visual recordings where a person is nude, exposing their genital organs, anal region, or breasts, or engaged in explicit sexual activity.


If the Court determines that your intimate image was distributed without your consent, a judge can make orders to:

  • Prohibit further distribution of the intimate image

  • Require the removal or disabling of access to the intimate image

  • Declare an image as an intimate image

  • Prohibit the responsible person from contacting you

  • Award damages (financial compensation)

  • Issue any other order the Court deems just and reasonable


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The Process

MEDIATION

FIRST COURT APPEARANCE

FILING EVIDENCE

INTERIM MOTIONS

FILE WRITTEN SUBMISSIONS

HEARING IN COURT

OUTCOME OF HEARING


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Cyber-bullying

Cyber-bullying encompasses online impersonation, disclosure of sensitive personal facts, threats, menacing conduct, offensive communications, harassment, false allegations, encouraging suicide, and discriminatory communications. The Intimate Images and Cyber-protection Act also makes cyber-bullying illegal and provides mechanisms for victims to seek justice.

If the Court determines that you were subjected to cyber-bullying, a judge can make orders to:

  • Prohibit the responsible person from further cyber-bullying

  • Require the removal or disabling of access to the cyber-bullying communications

  • Declare a communication as cyber-bullying

  • Prohibit the responsible person from contacting you

  • Award damages (financial compensation)

  • Issue any other order the Court deems just and reasonable


How PATH can help
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  1. Summary advice to understand your circumstances and discuss your options

  2. Assistance in navigating informal resolution processes

  3. Representation in civil actions

LOOKING FOR OUR HELP?

Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.

We will reach out to you in a timely manner.

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We will work closely with you to develop a customized payment structure that accommodates your circumstances, ensuring access to quality legal services without compromising your financial well-being.

Practicing  lawyers

Jessica Rose

Managing Lawyer

Emma Arnold

Staff Lawyer

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