The federal government is poised to table new legislation Wednesday, aimed at modernizing the Criminal Code and combating cyberbullying, Postmedia News has learned.
The bill, dubbed the Protecting Canadians from Online Crime Act, will, among other things, amend the Criminal Code and the Evidence Act.
While details of the bill have not been released, a key recommendation contained in a July report by federal, provincial and territorial justice and public safety ministers recommended making it a new Criminal Code offence to knowingly distribute sexually explicit photos of a person without their consent. It recommended the offence be punishable by as many as five years in prison.
Justice Minister Peter MacKay said at the time he would seriously consider the chief recommendation.
The report also called for new provisions that would allow judges to order intimate images removed from the Internet and the forfeiture of cellphones, computers and other equipment used in the commission of an offence.
It’s unlikely Wednesday’s bill will create new laws to specifically address bullying and cyberbullying as the report ultimately concluded “existing” Criminal Code offences like criminal harassment, uttering threats, intimidation, unauthorized use of a computer, extortion, defamatory libel and child pornography “generally cover most serious bullying behaviour.”
It likely will, however, seek to modernize existing laws so they better address harassment through electronic media.
For example, the ministerial group said Sect. 372 of the Criminal Code deals with false messages sent by letter, telegram, telephone, cable and radio as well as indecent and harassing telephone calls.
“As currently drafted, these offences may not apply in situations of cyberbullying if the information is conveyed via text or email,” the report said.
The report also called on the government to resurrect elements of its failed Internet surveillance legislation. Bill C-30 was scrapped amid public outrage over privacy concerns and former Public Safety Minister Vic Toews’ contention that the bill’s opponents were essentially siding with child pornographers.
The July report concluded new investigative powers — like the ability for law enforcement to freeze evidence to prevent Internet and mobile service providers from deleting information while a warrant is obtained — were needed to “ensure that all acts of cyberbullying carried out through the use of new technologies can be effectively investigated and prosecuted.”
MacKay expedited the ministerial report following the death of Rehtaeh Parsons, a teenager who took her own life in April after images of her alleged rape were circulated over the Internet.
It’s a subject that hit close to home for the Central Nova MP and new father as Parsons was also from Nova Scotia.
MacKay met Parsons’ family as well as those of bullied B.C. teen Amanda Todd and Jenna Bowers-Bryanton, also of Nova Scotia, both of whom took their own lives after being bullied.
He promised the families he would introduce solutions to protect youth from cyberbullying.
