TECH-FACILITATED VIOLENCE
civil litigation
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
The Process
MEDIATION
Consider whether government-offered mediation services through CyberScan are appropriate for your case.
FIRST COURT APPEARANCE
The first court appearance will provide an opportunity to acquire details about next steps, such as timelines and procedural questions.
FILING EVIDENCE
Each party will submit evidence through affidavits. Affidavits are written statements where someone describes an incident(s), or something they witnessed. Affidavits are sworn to be true (much like swearing or affirming in court before being an in person witness).
INTERIM MOTIONS
Before getting to the actual hearing, interim motions may be heard by the Court to discuss questions about evidence or procedure.
FILE WRITTEN SUBMISSIONS
After receiving the evidence from all parties, each party will file written submissions and arguments to the Court.
HEARING IN COURT
At the hearing, the evidence will be presented and there will be an opportunity to examine witnesses. Both sides will also present their arguments to the judge during the hearing.
OUTCOME OF HEARING
Often, the Court will not issue a decision at the hearing. Instead, they will reserve the decision and release it at a later date after they have had time to consider the evidence and come to the necessary conclusions.
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
Summary advice to understand your circumstances and discuss your options
Assistance in navigating informal resolution processes
Representation in civil actions
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Practicing lawyers
Jessica Rose
Managing Lawyer
Emma Arnold
Staff Lawyer