Thank you for inviting me here today to discuss Bill C-13, the protecting Canadians from online crime act.
I would like to begin by providing you with a quick overview of my office's mandate.
Created in 2007, the Office of the Federal Ombudsman for Victims of Crime receives and reviews complaints from victims, and promotes and facilitates access to federal programs and services for victims of crime by providing information and referrals. We promote the basic principles of justice for victims of crime, we raise awareness among criminal justice personnel and policy-makers about the needs and concerns of victims, and we identify systemic and emerging issues that may negatively impact victims of crime. Basically, we help victims of crime individually and collectively.
Bill C-13 covers a number of aspects relating to telecommunication and crime, including creating a new Criminal Code offence for the non-consensual distribution of intimate images, modernizing the Criminal Code, and providing new investigative tools for law enforcement. Given my mandate and our limited time today, I will restrict my comments to those sections of the bill that relate directly to victims, touching briefly on the importance of law enforcement's having the tools needed to prevent further victimization.
With that restriction in mind, I fully support the provisions of Bill C-13 that create a new offence related to the non-consensual distribution of intimate images, as well as the accompanying Criminal Code enhancements related to this offence, including: empowering a court to make a prohibition order limiting access of an offender to Internet or digital networks; empowering a court to order the removal of intimate images from the Internet; permitting the court to order forfeiture of the computer, cellphone, or other device used in the offences; providing reimbursement to victims for costs incurred in removing the intimate image from the Internet or elsewhere; and empowering the court to make an order to prevent someone from distributing intimate images.
This legislation, if passed, will help to provide tools necessary to assist in reducing cyberbullying and in providing victims with much-needed supports.
Cyberbullying is a relatively new but devastating issue. Canadians are struggling to find the best ways to understand it and most importantly to stop it. The problem of cyberbullying, as we have heard, is not a small one. In a 2007 survey of 13- to 15-year-olds, more than 70% reported having been bullied online, and 44% reported having bullied someone at least once. Canadian teachers have ranked cyberbullying as their issue of highest concern. Out of the six listed options, 89% said that bullying and violence are serious problems in our public schools.
I know you have had some witnesses come before you to discuss their personal and powerful experiences with cyberbullying. I would like to take a moment to acknowledge their bravery and leadership in coming forward to enrich this important public dialogue, despite how difficult it may have been for them. I have learned from speaking to victims directly that despite how hard it might be, victims come forward to discuss and advance these issues for the greater good, to ensure that others do not suffer the same pain they have suffered.
We know that any kind of bullying, including cyberbullying, can have serious and lasting impacts on victims. What is unique about cyberbullying is the staggering speed and reach of the abuse. In mere minutes, intimate or personal images can be shared across networks and the world, forever exposing their victims.
We also know that trying to contain an image that has “gone viral”, as they say, is no small feat, if not in some cases impossible. Even in situations in which victims work with professionals to remove the image, one can never be sure that someone somewhere doesn't have and won't recirculate these images. The feeling of being forever vulnerable and exposed and the long-term impact of the associated emotional burden that comes with it are something that we don't truly understand yet.
Technology and associated crimes are evolving faster than our ability to fully comprehend the lasting effects that these cases are having on victims. We know generally that victims of harassment report a loss of interest in school activities, more absenteeism, lower-quality schoolwork, lower grades, more dropping of classes, and truancy.
Addressing the issue can be equally overwhelming. For this reason, I support the bill's addition of “intimate images” to section 164.1 of the Criminal Code permitting a court to order the removal of intimate images from the Internet, as well as the element of the bill that empowers the court to make an order to prevent someone from distributing intimate images.
In cases in which an order has not been made, removing images is certainly not a straightforward task. For many, the thought of removing images from the Internet can be daunting. How does it work? How can I do it? Where do I turn for help?
In many cases, professional knowledge and service may be required in order to do it with any certainty or effectiveness. However, in cases in which private companies are engaged, there can be significant costs, and these costs should not be borne by the victims. It should never fall on a victim's shoulders to absorb the costs of removing images; that is simply unacceptable.
With that in mind, I support Bill C-13's proposal to provide reimbursement to victims for costs incurred in removing the intimate image from the Internet or elsewhere.
While I support these elements of the bill relating to restitution, I think there is a need first to extend the period for which restitution can be sought; second, to consider alternative supports for victims who cannot carry the upfront costs of image removal; and third, to build in or consider specifically how and when victims will receive information and guidance as to what options are available for removing images and when they can seek reimbursement.
It is my understanding that under the proposed legislation, restitution can only be sought for costs incurred up to the time of sentencing. This can be problematic for a few reasons.
One is that if the victim does not have sufficient funds to pay for the professionally assisted removal of an image themselves, then they may not pursue the option, given the risk that there may not be a conviction or that they may not successfully be reimbursed through restitution.
Second, even when a victim may be willing to take that risk, not all victims have the required funds available or own a credit card that they can use temporarily to cover the expense. In other words, if victims do not have the funds to cover the costs initially or the funds to cover the costs for a long enough period to receive a reimbursement, they will not be able to access the same level of service and protection as other victims, thereby creating an unfair balance in the system in terms of the supports offered to victims.
Finally, depending on the length of time it takes the victim to become aware of the option of professional assistance and/or the company to complete an invoice of work, it is likely that some expenses may be incurred only after sentencing. As I understand the bill, victim expenses occurring after sentencing would not be eligible for reimbursement.
While I support the intention of the bill, I would recommend that the committee consider amending this area of Bill C-13 to better meet the needs of all victims, no matter what their financial means, in terms of the support they may receive with respect to the removal of these images.
In cases in which a victim has the means and the option to pursue professionally assisted removal of images and subsequent restitution, ensuring that victims are provided with information concerning these rights and processes far enough in advance will be key. It is not clear to me how and at what point, if any, victims will be advised of their rights to seek a removal order or to file for restitution. I realize that these are details relating to implementation of the bill and that they may be addressed only at that stage; however, I feel it is important to note for members that without sufficient advance knowledge of these rights and options, victims may miss out on an important opportunity to address the damage done and to receive the supports they need and deserve.
Before concluding, I would like to touch briefly on what appear to be the most controversial aspects of the bill, those that relate to investigative tools and the balance of powers and privacy.
Privacy matters and technical investigative tools do not generally fall within my mandate. It is worth noting that among the victims we have spoken to there is no clear consensus on the elements of the bill. I have spoken with victims who very much support further measures to assist law enforcement in their investigation and who find the tools included in this bill to be balanced and necessary. I have also, like you, heard opposing points of view from victims who do not wish to see these elements of the bill proceed, for fear that they will impinge on Canadians' privacy rights.
From my own perspective I would say that there is a balance to be struck, and the dialogue that Canadians are having is a needed and valuable one. Law enforcement officials need the right tools at their disposal to quickly and effectively investigate these cases in order to help reduce cyberbullying in general as well as to protect potential victims. I believe there are some important tools in Bill C-13 to assist law enforcement in their investigation of these matters, and I support the proposed legislative changes that assist in ensuring that the data needed for investigation is preserved. Without it, there can be no evidentiary basis for important cases to proceed.
In conclusion, I support many aspects of Bill C-13 and commend the government for bringing to the table legislation that could assist in addressing cyberbullying incidents as well as provide victims with support in removing their intimate images from circulation. As stated, however, I would recommend that the provisions relating to restitution be amended to ensure that all victims, no matter their financial situation, be entitled to the same rights, opportunities, professional assistance, and reimbursement of costs, and that it be made clear how and when victims will be informed of their rights.
Thank you for your time.
Thank you.