Thank you, Mr. Chair.
I like the fact that we can use the term “maître” in French to designate these individuals. Actually, I think it is used almost exclusively here for lawyer.
Thank you for being here, despite your busy schedule. The Standing Committee on Justice and Human Rights keeps you very busy, no doubt.
My questions concern the offence of distributing intimate images. In preparation for these hearings, I met with a lot of groups, obviously, and they shared their concerns with me. That is the case for representatives of Facebook, something we are all familiar with. We will very likely hear from them during the committee's work. The offence as worded in Bill C-13 could be perceived as much broader than intended. In short, there are certain concerns, and I will share them with you.
Among others, under the provisions on the offence of distributing intimate images, which is the new section 162.1 proposed to be added to the Criminal Code, the accused cannot be deemed guilty if the person in the image gave his or her consent. Therefore, if a minor consented to the distribution of the image, it is likely that the author will not be charged under the new section 162.1, which allows consent as defence, but instead under the offence of child pornography, which does not allow that defence. However, the sentences are much harsher for child pornography. If the accused obtained the minor's consent, could the accused be charged with child pornography and receive a harsher sentence than if the accused had not obtained the minor's consent, in which case the accused would be convicted of distributing intimate images?
We are also talking about not attempting to obtain consent; in other words, letting things slide. As we know, things move so quickly, without necessarily being motivated by criminal intent. Some people are concerned that people are considered as having committed criminal offences and prosecuted as a result when they had absolutely no criminal intent.
What do you say to those people?