Canada treats the non-consensual sharing of intimate images as a criminal matter, and a growing number of provinces now add fast civil routes on top. Here is how the layers fit together.
The federal criminal offence
Section 162.1 of the Criminal Code makes it an offence to knowingly publish, distribute, transmit, sell or make available an intimate image of a person, knowing they did not consent or being reckless about it. It can be prosecuted as an indictable offence carrying a prison term of up to five years, or as a summary offence. Related offences such as criminal harassment and extortion may apply too.
Provincial civil laws
Several provinces, including British Columbia, Alberta, Manitoba and Nova Scotia, have passed their own intimate image statutes. British Columbia’s Intimate Images Protection Act created a quicker civil route through the Civil Resolution Tribunal, which can make orders against people and in some cases intermediaries, and it applies to digitally altered images, including deepfakes. The details differ by province, so where you live matters.
Deepfakes and altered images
Federal law was written before AI-generated imagery, and how far it reaches synthetic material is still being tested in the courts and in proposed legislation. That is one reason provincial laws that expressly cover altered images are important. Ask a lawyer what applies where you are.
Privacy law
The Office of the Privacy Commissioner of Canada and provincial privacy regulators handle complaints about how organisations treat personal information. Canada has no general statutory right to be forgotten, so outcomes depend heavily on the type of content and the platform. Our article on Canada’s emerging right to delisting explains where that debate stands.
If the person was under 18
Images of anyone under 18 are treated far more seriously and should be reported to the police and to the Canadian Centre for Child Protection straight away.
Where to get support
Local police can take reports of criminal conduct, and a lawyer experienced in privacy or intimate image cases can advise on provincial claims. A specialist can handle the ongoing work so you do not have to keep looking at the material. For comparison with another common-law system, see our Australia guide. This is general information, not legal advice, and laws change, so check the current position for your situation.
Free, confidential audit. Tell us what you are dealing with and we will give you an honest view of what is realistic before anything is billed. Get your free audit, or read more about our explicit content removal services.