The legal framework
Common-law Canada has no general right to control one's likeness — Quebec is the exception, where the Civil Code protects image as an aspect of privacy. Section 162.1 of the Criminal Code makes publishing an intimate image without consent an offence, and several provinces have added civil statutes allowing fast take-down orders and damages without proving financial loss.
Key points
| Criminal Code | Section 162.1: publication of an intimate image without consent |
|---|---|
| Voyeurism | Section 162: surreptitious recording where privacy is reasonably expected |
| Provincial statutes | Intimate images protection acts in several provinces, with expedited procedures |
| Quebec | Image protected by the Civil Code, following Aubry v Editions Vice-Versa |
| Data protection | PIPEDA applies to images used commercially |
| Removal orders | Courts can order removal and destruction |
| Expedited provincial process | Several provinces allow an application without a lawyer, decided in days |
| Deemed distribution | Some statutes treat failure to remove as continuing distribution |
| Damages without proof of loss | Available under the provincial intimate image statutes |
In practice
- Save the evidence before reporting: screenshots with the URL and date, the account name, and any messages.
- Use the platform's own reporting form first — it is the fastest route to removal — then report to the authority.
- Use StopNCII.org or Take It Down for intimate images: they create a digital fingerprint so participating platforms can block re-uploads without you sending the image anywhere.
- Do not pay a person demanding money to delete an image: payment almost always leads to further demands.
- Use the provincial statute where one exists: it is far faster than a criminal complaint.
Where to go
- Canadian Centre for Child Protection, Cybertip.ca.
- NeedHelpNow.ca for young people.
- Provincial intimate image protection unit, where one exists.
Worth knowing
The provincial civil statutes are usually the fastest route: they were designed for quick removal orders without the delay of a criminal prosecution. The provincial statutes were designed for speed and allow orders against platforms as well as individuals. Check whether your province has one.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations