by Simmi K. Sandhu, Chair
The Intimate Images Protection Act (Act), passed in March 2023, gives the Civil Resolution Tribunal (CRT) jurisdiction to resolve claims about non-consensual sharing of intimate images. These claims will relate to the sharing or online distribution of nude, near-nude, or sexual pictures or videos without the consent of those in the images.
Once the Act is in force, the CRT will be able to:
- Determine that intimate images were recorded or distributed without consent
- Order people or websites to stop distributing or threatening to distribute intimate images
- Order administrative penalties against someone who doesn’t comply with an order
- Order monetary damages for harms suffered
The Act will be brought into force by regulation, at a date still to be determined.
What is the CRT doing to prepare for these claims?
We are working to make sure that once the Act is in force, the CRT will be ready to accept these types of claims. This will involve a multi-disciplinary approach in dealing with intimate images. Our preparations include:
- Developing website content
- Guided legal information that helps people diagnose their issue, gives information about their rights, and offers self-help tools to try to resolve the issue on their own
- Resources for accessing community and mental health supports
- Developing online and paper application forms for intimate images claims
- Online systems enhancements to support handling these claims
- Creating new procedures for handling these claims
- Training specialized staff and tribunal members in areas such as technologically facilitated gender-based violence and trauma-informed practice so they are well-prepared to handle these new claims
- Working with agencies who provide support services to victims and vulnerable individuals (for examples, see the BC Government resource “Protecting your images”)
As an independent tribunal, the CRT is working hard to be ready and able to adjudicate these claims in a manner that is fair, accessible, and in accordance with the authority granted to it under the Act.