Abstract
Last week, the Canadian Bar Association released its Report on Bill C-13, Protecting Canadians from Online Crime Act. The CBA made a number of useful and important recommendations. But there are problems with its discussion of the proposed criminal prohibition on the “non-consensual distribution of intimate images”. In this brief paper, I will focus on that aspect of the Report. At bottom, the problems with the CBA’s treatment of the proposed offence follow from a common misunderstanding of its purpose. At several points, the CBA proceeds on the basis that the offence targets cyberbullying and the exploitation of young people. That has led it to misconstrue the significance of the legislation, and encouraged it to make some flawed recommendations.
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