OTTAWA — New Democrat MP Robert Chisholm says he’s hopeful the federal government will lend its support to his private member’s bill or quickly put forward its own legislation to make the non-consensual distribution of sexually explicit images illegal.
Introduced as Bill C-540 in June, Chisholm said the response from government was initially cool with then-justice minister Rob Nicholson evading his request to support the bill and instead blaming the NDP for failing to back other justice reforms.
But after a report on cyberbullying released Friday by a consortium of federal, provincial and territorial justice and public safety ministers recommended the new offence, among other provisions, he said he’s feeling more optimistic.
That said, the Nova Scotia MP urged the government not to come forward with an omnibus bill that includes both new Criminal Code provision related to sexually explicit images, as well as potentially controversial Internet surveillance reforms to address cyberbullying.
“I would hope that they would move forward, frankly, on the non-consensual distribution of intimate images in a separate piece because what they’ve already done in terms of the whole privacy issue on the Internet, I think it would potentially create quite a delay,” Chisholm said.
“I hope that they don’t try to wrap too many things into one piece of legislation.”
While he said he would welcome government support for his bill, he admits private member’s business can take time and he’d prefer to see comprehensive legislation sooner rather than later. Chisholm said it’s a commitment he made to his constituents Glen Canning and Leah Parsons, whose personal tragedy prompted the government to fast-track its cyberbully study.
Their daughter, Rehtaeh Parsons, took her own life in April after images of her alleged sexual assault were circulated over the Internet.
“I’m very optimistic that the federal government . . . will bring something forward early next fall,” Chisholm said. “I don’t care who gets credit for it as long as it gets done and gets done quickly.”
The ministerial group was first directed last October to identify potential gaps in the Criminal Code on cyberbullying and the distribution of “intimate images” without consent. Their efforts were fast-tracked in April following Parson’s suicide.
Newly minted Justice Minister Peter MacKay welcomed the report with some optimism last week and indicated he would consider the recommendations. His office did not respond Monday when asked if he’d support the NDP bill or put forward government legislation when Parliament resumes in the fall.
The report recommends making it a criminal offence to knowingly distribute sexually explicit photos of a person without their consent. While Chisholm’s bill recommended a maximum penalty of 10 years, the ministerial group suggested five. The report also recommends provisions to allow judges to order intimate images removed from the Internet and that cellphones, computers and other equipment used in the commission of an offence to be forfeited.
It concluded “existing” Criminal Code offences such as criminal harassment, uttering threats and unauthorized use of a computer “generally cover most serious bullying behaviour” and that a separate cyberbullying offence was not necessary. That said, it recommended amending certain language to ensure new technologies were explicitly covered.
The report also called on the government to resurrect elements of failed legislation, including Bill C-30, the controversial Internet surveillance bill that was scrapped amid public outrage over privacy. The bill sought to compel Internet and telephone companies to hand over personal customer information to law enforcement even if they didn’t have a warrant.
While Chisholm admits the report urges a more balanced approach that takes privacy protections into account, he said he’s nonetheless concerned the provisions would bog down the debate if included in the same bill.
