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Law Maven
Law Maven, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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OK.thank you,however,codes strictly says nudity. If girl is

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OK.thank you,however,codes strictly says nudity. If girl is wearing bra & underwear then no law is broken as she is dressed.
Submitted: 2 years ago.
Category: Canada Criminal Law
Expert:  Law Maven replied 2 years ago.
Unfortunately the criminal code is not particularly good about definitions. The closest it comes to defining "nudity" is in section 174, which prohibits public nudity and then goes on to define what that means by saying: 174. (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order. So as far as the police are likely to be concerned, the ex-gf is nude if Grandma would be offended seeing someone dressed like that on the sidewalk outside church. Nudity and obscenity and "intimate depiction" are terms that get defined in Court by Judges ... not by police officers. And lawyers get to argue a definition but not -- at the end of the day -- actually make the definition. Since "intimate depiction" is an entirely new term to the Criminal Code, there aren't even past cases where Judges got to decide if this picture fit, or that picture didn't. That means for a lawyer to give an answer about whether or not your friend will get in trouble for posting a picture is as close to impossible as it gets. If you go back to the original question, you said that what your friend was thinking about was "revenge" or "revenge porn" ... for this to actually be revenge, it's got to be a picture or pictures the ex-gf will not want to have public. For it to be revenge it has to upset or hurt her feelings. So if the photo(s) are revealing enough to serve the purpose of revenge ... there's likely Judges that will think those photographs should have remained private. It comes down to what sort of chance your friend wants to take. It would probably be better revenge for him to send the ex-gf his happy wedding pictures a couple of years from now to say "look what you missed out on" ... and have no risk of jail, a criminal record, a computer use ban, and whatever public scorn gets attached to someone who gets caught engaged in a crime that many people might think of as pretty sleazy. On the flip side, there are lawyers who say that the new law will eventually be struck down by the Courts as being against the Charter, so if your friend has lots and lots of money, he could probably hire a lawyer and make history by fighting his case all the way to the Supreme Court of Canada. Whether or not his case would win is another question I can't answer ... but he could always try.

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