Thank you, Mr. Chair.
We did propose an amendment to clause 3 of the bill, which aims to replace lines 20 to 23 of subsection 162.1(1) of the Criminal Code. The amended provision begins as follows: “Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person...”. The rest of the paragraph would be replaced with the following: “with the intent of injuring, embarrassing, intimidating or harassing that person, is guilty”.
The reason for the amendment is very simple. A number of people have talked about this, but the representatives of the Canadian Bar Associations presented the most compelling argument. They talked about the notion covered under clause 3 of Bill C-13, which states the following: “...knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty”.
According to them, it would be preferable to refocus on the notion of mens rea, or criminal intent.
That is more or less what various ministers called for at the federal-provincial-territorial conference. They wanted an offence to be created for the distribution of the image. In some sad events that have taken place in Canada, the image was mainly used to intimidate, harass, harm or embarrass.
I think the legislation would be clearer, and it would be easier for law enforcement officers and crown prosecutors to issue an indictments if clause 3 did not create a legal uncertainty.