The CBA Report on Bill C-13: Looking Beyond 'Cyberbullying'

8 Pages Posted: 4 Jun 2014

See all articles by Michael Plaxton

Michael Plaxton

College of Law, University of Saskatchewan

Date Written: June 2, 2014

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.

Keywords: Canadian criminal law, revenge porn, non-consensual distribution of intimate images, cyberbullying, fair labelling, voyeurism, interpretation

Suggested Citation

Plaxton, Michael, The CBA Report on Bill C-13: Looking Beyond 'Cyberbullying' (June 2, 2014). Available at SSRN: https://ssrn.com/abstract=2445014 or http://dx.doi.org/10.2139/ssrn.2445014

Michael Plaxton (Contact Author)

College of Law, University of Saskatchewan ( email )

15 Campus Dr
Saskatoon, Saskatchewan S7N5A6
Canada
3069665894 (Phone)

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