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
FIRST COURT APPEARANCE
FILING EVIDENCE
INTERIM MOTIONS
FILE WRITTEN SUBMISSIONS
HEARING IN COURT
OUTCOME OF HEARING
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