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Status of Women committee  Based on our observations and analysis, the device does not record data until there is a proximity alert. If there is one, then an offence is committed. The device then records the geolocation data. The same applies to the victim. This is the limit that is generally well accepted.

May 10th, 2022Committee meeting

Dr. Francis Fortin

Status of Women committee  It will be difficult to give you a clear answer, but I will give you parts of answers that might shed light on the various debates. Our sample may not be representative, but we consulted with police officers, justice stakeholders, and groups, and, generally speaking, what came out was that they wanted the judge to be able to impose this sanction.

May 10th, 2022Committee meeting

Dr. Francis Fortin

Status of Women committee  In taking stock of the measures introduced, we noted the stigmatizing effects of wearing the bracelet and, for the victim, of having to carry a device around with them at all times. Other negative effects were mentioned by previous witnesses. For our part, we recommend being very careful not to have false positive effects.

May 10th, 2022Committee meeting

Dr. Francis Fortin

Status of Women committee  We also have to think about privacy.

May 10th, 2022Committee meeting

Dr. Francis Fortin

Status of Women committee  Thank you. Good afternoon, everyone. I thank the committee for the invitation and for their interest in our work. Some countries have adopted electronic monitoring device systems as a means of preventing domestic violence, including spousal homicide. The monitoring bracelet allows the geolocation of a spouse or ex‑spouse, which, in the event that a set perimeter around the victim is crossed, sends an alert to the central station and allows a rapid intervention of police officers on both the victim's and the offender's side.

May 10th, 2022Committee meeting

Dr. Francis Fortin

Information & Ethics committee  From a legal standpoint, you'll recall that a fast approach is available. The approach is set out in section 163.1 of the Criminal Code, which deals with child pornography. I think that you could consider an equivalent provision for the non-consensual distribution of intimate images.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  My hypothesis is that, when a complaint is filed with the police, it's usually established that the material is indeed child pornography. The police then look to obtain the necessary warrants to take action, which requires time. The web host is then asked to remove the images. The web host will claim that it didn't know, that its system is complicated and that it will remove the images as soon as it can technically do so.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  Thank you. I actually listed several of them. I tried to refer to all the measures in my presentation, and I meant to explain them in detail. It's important to support and help the victims. A crackdown is one thing. However, I think that the priority should be to remove the images as quickly as possible to prevent the re-victimization of the people concerned.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  This is a major issue. I'm not an expert on the topic. However, legal experts could shed some light on it. There are basically two approaches. In Europe, there's more support for the right to be forgotten, whereas in Canada and the United States, there's a little less support. On the North American side, there's a certain reluctance to have content removed.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  In simple terms, I'd say that running a site that manages this level of personal data on individuals is a privilege and that it shouldn't be a right.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  I completely agree. The real problem is that platforms can make users agree to whatever they want. Obviously, someone who wants to upload content will agree to the terms of use, so a much tougher approach is definitely needed. I've been seeing these kinds of cases for 20 years now, so I don't think relying on the industry to hold companies accountable is the way to go.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  Thank you for your question. Consent is challenging in many ways. It's a complex concept that took years to define. The courts provided guidance. I think the way we think about and view consent is progressive. From the stories of the witnesses in the first panel, it's plain to see that the due diligence around consent was lacking.

February 19th, 2021Committee meeting

Dr. Francis Fortin

Information & Ethics committee  Good afternoon. Madam Clerk and members of the committee, I am very glad to be here this afternoon. My name is Francis Fortin, and I am an assistant professor at the Université de Montréal's school of criminology, as well as a researcher at the International Centre for Comparative Criminology.

February 19th, 2021Committee meeting

Dr. Francis Fortin