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Amanda Todd sextortion case sets precedent, but more needs to be done, experts say

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VANCOUVER — The conviction of Aydin Coban for the “sextortion” of British Columbia teenager Amanda Todd has prompted calls from lawyers and advocates for more regulation, resources and education in Canada to protect future victims.

Lianna McDonald, executive director of the Canadian Centre for Child Protection, said Todd’s case served as a warning, but Canada “failed to act.”

“Looking back, essentially nothing has been done to be proactive and actually address the issues that put kids at risk every day: platforms that allow anonymous adults to interact with our children in unsupervised digital spaces, any time or anywhere,” she said in a statement.

Coban, a Dutch national, was convicted on Saturday of extortion, harassment, communication with a young person to commit a sexual offence and possession and distribution of child pornography in relation to Todd.

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She was 15 when she died by suicide in 2012, after years of harassment from 22 social media accounts that Crown attorneys said were controlled by Coban.

His sentencing hearing will be held in B.C. Supreme Court in September.

The jury’s decision came days after Statistics Canada released data showing that police-reported extortion cases rose by nearly 300 per cent in the last decade. Police across the country have also been issuing warnings to the public about a drastic increase in sextortion scams targeting youth.

Monique St. Germain, general counsel with the Canadian Centre for Child Protection, said the organization was “very pleased” with the Coban verdict.

But it is calling for more regulation of social media companies, like Snapchat and Instagram, where the organization has found most of the harm to children occurs.

“We need governments to step in, and to put some guardrails in place with the tech industry so that we have safer products in the marketplace,” she said in an interview.

“If we take our child to a playground and they play on a play structure, we have trust in the fact that the manufacturers of that play structure have had to abide by certain laws to make that structure safe for our children to play on. It shouldn’t be any different for the technology industry.”

Snapchat announced a new feature in Canada this week called Family Center that it says will “help parents get more insight into who their teens are friends with on Snapchat, and who they have been communicating with, without revealing any of the substance of those conversations.”

The Winnipeg-based Centre for Child Protection runs Cybertip, Canada’s tip line for reporting online child sexual abuse. It said it has received “an unprecedented volume of reports from youth and sometimes their concerned parents about falling prey to aggressive sextortion tactics,” amounting to about 300 online extortion cases a month.

“Parents cannot keep up. Police cannot keep up,” St. Germain said.

Todd’s mother, Carol Todd, has said the type of extortion her daughter suffered has become a global problem that needs to be better addressed by governments and law enforcement.

Her daughter’s suicide gained international attention in 2012. Amanda Todd had posted a video in which she used flash cards to describe being tormented by an anonymous harasser. It has been watched nearly 15 million times.

Bill C-13, the Protecting Canadians from Online Crime Act, was first introduced in 2013, following Todd’s death, and aimed to combat online harassment by making it illegal to distribute intimate images of a person without their consent. At the time, Carol Todd criticized the privacy-related provisions in the bill.

“It’s been 10 years since Bill C-13 was introduced. It needs to be revamped, and the word sextortion needs to be put in the Criminal Code somewhere,” Carol Todd said in an interview Friday, before Coban’s conviction. “That’s what we’ll learn from this.”

But David Fraser, an internet and privacy lawyer with the Canadian law firm McInnes Cooper in Halifax, said creating a new law specific to sextortion isn’t necessary, something made evident by Coban’s conviction.

He said generalized laws allow police to pursue charges more freely, because technological advancements far outpace law-making. He did, however, identify two benefits to proscribing sextortion explicitly: clarity for law enforcement and recognition for victims and the emotional harm they endured.

“Extortion that takes place online is still Criminal Code extortion,” he said. “It’s worth a conversation, but I did say shortly after the death of Amanda Todd that our laws were sufficient to take care of that. What failed her, it appears, was the legal system rather than the laws.”

Fraser said police have often failed to translate existing laws into an online context and he is calling for more resources and training for law enforcement.

“I believe that what was not in place at the time, unfortunately, when Amanda Todd was alive, was the will to investigate and prosecute the offence,” he said. “The fact that it worked here will hopefully foster and spur on perhaps a higher level of willingness to engage in and pursue investigations where the victim is in Canada, but the perpetrator is likely outside of the country.”

Coban was extradited to Canada in 2020 from the Netherlands, where he had been convicted of similar allegations to those in the Todd case. He was sentenced in Amsterdam in 2017 to almost 11 years in prison for cyberbullying dozens of young girls and gay men.

Darren Laur, chief training officer at White Hatter, an internet safety and digital literacy education company based in Victoria, said he wasn’t surprised by the verdict given the evidence, and is pleased that it has established precedent.

“It’s good to see that with this conviction, it does create case law specific to sextortion under existing extortion laws. The laws have been there. We’ve just been waiting for cases to go to court to create case law to support the Criminal Code,” Laur said.

“What a lot of people don’t understand is that the laws in the Criminal Code are drafted by government, but it’s up to the courts to interpret the law and that’s what case law is all about.”

Laur, who is a retired Victoria police sergeant, echoed Fraser’s calls for more police resources and for more public education and understanding of virtual crimes.

“Police in our country don’t have the time, resources or training to investigate these types of crimes,” he said. “We also need to continue to educate our age-appropriate kids in a scaffolded way about what this type of crime and other crimes are.”

The Department of Canadian Heritage said in a statement the federal government is working to create an approach to address harmful content online, including the possibility of a regulatory body.

“Canadians should be able to express themselves freely and openly without fear of harm online,” it said in the statement. “The Government of Canada is committed to taking the time to get this issue right and continuing to engage Canadians, stakeholders, and affected groups every step of the way on the road to tabling legislation as soon as possible.”

This report by The Canadian Press was first published Aug. 11, 2022.

 

Brieanna Charlebois, The Canadian Press

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Capital gains tax change draws ire from some Canadian entrepreneurs worried it will worsen brain drain – CBC.ca

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A chorus of Canadian entrepreneurs and investors is blasting the federal government’s budget for expanding a tax on the rich. They say it will lead to brain drain and further degrade Canada’s already poor productivity.

In the 2024 budget unveiled Tuesday, Finance Minister Chrystia Freeland said the government would increase the inclusion rate of the capital gains tax from 50 per cent to 67 per cent for businesses and trusts, generating an estimated $19 billion in new revenue.

Capital gains are the profits that individuals or businesses make from selling an asset — like a stock or a second home. Individuals are subject to the new changes on any profits over $250,000.

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The government estimates that the changes would impact 40,000 individuals (or 0.13 per cent of Canadians in any given year) and 307,000 companies in Canada.

However, some members of the business community say that expanding the taxable amount will devastate productivity, investment and entrepreneurship in Canada, and might even compel some of the country’s talent and startups to take their business elsewhere.

WATCH | The federal budget hikes capital gains inclusion rate: 

Federal budget adds billions in spending, hikes capital gains tax

3 days ago

Duration 6:14

Finance Minister Chrystia Freeland unveiled the government’s 2024 federal budget, with spending targeted at young voters and a plan to raise capital gains taxes for some of the wealthiest Canadians.

Benjamin Bergen, president of the Council of Canadian Innovators (CCI), said the capital gains tax has overshadowed parts of the federal budget that the business community would otherwise be excited about.

“There were definitely some other stars in the budget that were interesting,” he said. “However, the … capital gains piece really is the sun, and it’s daylight. So this is really the only thing that innovators can see.”

The CCI has written and is circulating an open letter signed by more than 1,000 people in the Canadian business community to Trudeau’s government asking it to scrap the tax change.

Shopify CEO Tobi Lütke and president Harley Finkelstein also weighed in on the proposed hike on X, formerly known as Twitter.

Former finance minister Bill Morneau said his successor’s budget disincentivizes businesses from investing in the country’s innovation sector: “It’s probably very troubling for many investors.”

Canada’s productivity — a measure that compares economic output to hours worked — has been relatively poor for decades. It underperforms against the OECD average and against several other G7 countries, including the U.S., Germany, U.K. and Japan, on the measure. 

Bank of Canada senior deputy governor Carolyn Rogers sounded the alarm on Canada’s lagging productivity in a speech last month, saying the country’s need to increase the rate had reached emergency levels, following one of the weakest years for the economy in recent memory.

The government said it was proposing the tax change to make life more affordable for younger generations and fund efforts to boost housing supply — and that it would support productivity growth.

A challenge for investors, founders and workers

The change could have a chilling effect for several reasons, with companies already struggling to access funding in a high interest rate environment, said Bergen.

He questioned whether investors will want to fund Canadian companies if the government’s taxation policies make it difficult for those firms to grow — and whether founders might just pack up.

The expanded inclusion rate “is just one of the other potential concerns that firms are going to have as they’re looking to grow their companies.”

A man with short brown hair wearing a light blue suit jacket looks directly at the camera, with a white background behind him.
Benjamin Bergen, president of the Council of Canadian Innovators, said the proposed change could have a chilling effect for several reasons, with companies already struggling to access and raise financing in a high interest rate environment. (Submitted by Benjamin Bergen)

He said the rejigged tax is also an affront to high-skilled workers from low-innovation sectors who might have taken the risk of joining a startup for the opportunity, even taking a lower wage on the chance that a firm’s stock options grow in value.

But Lindsay Tedds, an associate economics professor at the University of Calgary, said the tax change is one of the most misunderstood parts of the federal budget — and that its impact on the country’s talent has been overstated.

“This is not a major innovation-biting tax change treatment,” Tedds said. “In fact, when you talk to real grassroots entrepreneurs that are setting up businesses, tax rates do not come into their decision.”

As for productivity, Tedds said Canadians might see improvements in the long run “to the degree that some of our productivity problems are driven by stresses like housing affordability, access to child care, things like that.”

‘One foot on the gas, one foot on the brake’

Some say the government is sending mixed messages to entrepreneurs by touting tailored tax breaks — like the Canada Entrepreneurs’ Incentive, which reduces the capital gains inclusion rate to 33 per cent on a lifetime maximum of $2 million — while introducing measures they say would dampen investment and innovation.

“They seem to have one foot on the gas, one foot on the brake on the very same file,” said Dan Kelly, president of the Canadian Federation of Independent Business.

WATCH | Could the capital gains tax changes impact small businesses?: 

How could capital gains tax increases impact Canadian small businesses? | Power & Politics

2 days ago

Duration 12:18

Some business groups are worried that new capital gains tax changes could hurt economic growth. But according to Small Business Minister Rechie Valdez, most Canadians won’t be impacted by that change — and it’s a move to create fairness.

A founder may be able to sell their successful company with a lower capital gains treatment than otherwise possible, he said.

“At the same time, though, big chunks of it may be subject to a higher rate of capital gains inclusion.”

Selling a company can fund an individual’s retirement, he said, which is why it’s one of the first things founders consider when they think about capital gains.

LISTEN | What does a hike on the capital gains tax mean?: 

Mainstreet NS7:03Ottawa is proposing a hike to capital gains tax. What does that mean?

Tuesday’s federal budget includes nearly $53 billion in new spending over the next five years with a clear focus on affordability and housing. To help pay for some of that new spending, Ottawa is proposing a hike to the capital gains tax. Moshe Lander, an economics lecturer at Concordia University, joins host Jeff Douglas to explain.

Dennis Darby, president and CEO of Canadian Manufacturers & Exporters, says he was disappointed by the change — and that it sends the wrong message to Canadian industries like his own.

He wants to see the government commit to more tax credit proposals like the Canada Carbon Rebate for Small Businesses, which he said would incentivize business owners to stay and help make Canada competitive with the U.S.

“We’ve had a lot of difficulties attracting investment over the years. I don’t think this will make it any better.”

Tech titan says change will only impact richest of the rich

A man sits on an orange couch in an office.
Ali Asaria, the CEO of Transformation Lab and former CEO of Tulip Retail, told CBC News that the proposed change to the capital gains tax is ‘going to really affect the richest of the rich people.’ (Tulip Retail)

Toronto tech entrepreneur Ali Asaria will be one of those subject to the expanded capital gains inclusion rate — but he says it’s only fair.

“It’s going to really affect the richest of the rich people,” Asaria, CEO of open source platform Transformer Lab and founder of well.ca, told CBC News.

“The capital gains exemption is probably the largest tax break that I’ve ever received in my life,” he said. “So I know a lot about what that benefit can look like, but I’ve also always felt like it was probably one of the most unfair parts of the tax code today.”

While Asaria said Canada needs to continue encouraging talent to take risks and build companies in the country, taxation policies aren’t the most major problem.

“I think that the biggest central issue to the reason why people will leave Canada is bigger issues, like housing,” he said.

“How do we make it easier to live in Canada so that we can all invest in ourselves and invest in our companies? That’s a more important question than, ‘How do we help the top 0.13 per cent of Canadians make more money?'”

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Canada Child Benefit payment on Friday | CTV News – CTV News Toronto

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More money will land in the pockets of Canadian families on Friday for the latest Canada Child Benefit (CCB) installment.

The federal government program helps low and middle-income families struggling with the soaring cost of raising a child.

Canadian citizens, permanent residents, or refugees who are the primary caregivers for children under 18 years old are eligible for the program, introduced in 2016.

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The non-taxable monthly payments are based on a family’s net income and how many children they have. Families that have an adjusted net income under $34,863 will receive the maximum amount per child.

For a child under six years old, an applicant can annually receive up to $7,437 per child, and up to $6,275 per child for kids between the ages of six through 17.

That translates to up to $619.75 per month for the younger cohort and $522.91 per month for the older group.

The benefit is recalculated every July and most recently increased 6.3 per cent in order to adjust to the rate of inflation, and cost of living.

To apply, an applicant can submit through a child’s birth registration, complete an online form or mail in an application to a tax centre.

The next payment date will take place on May 17. 

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Ontario Legislature keffiyeh ban remains in place – CBC.ca

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Keffiyehs remain banned in the Ontario Legislature after a unanimous consent motion that would have allowed the scarf to be worn failed to pass at Queen’s Park Thursday.

That vote, brought forth by NDP Leader Marit Stiles, failed despite Premier Doug Ford and the leaders of the province’s opposition parties all stating they want to see the ban overturned. Complete agreement from all MPPs is required for a motion like this to pass, and there were a smattering of “nos” after it was read into the record.

In an email on Wednesday, Speaker Ted Arnott said the legislature has previously restricted the wearing of clothing that is intended to make an “overt political statement” because it upholds a “standard practice of decorum.”

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“The Speaker cannot be aware of the meaning of every symbol or pattern but when items are drawn to my attention, there is a responsibility to respond. After extensive research, I concluded that the wearing of keffiyehs at the present time in our Assembly is intended to be a political statement. So, as Speaker, I cannot authorize the wearing of keffiyehs based on our longstanding conventions,” Arnott said in an email.

Speaking at Queen’s Park Thursday, Arnott said he would reconsider the ban with unanimous consent from MPPs.

“If the house believes that the wearing of the keffiyeh in this house, at the present time, is not a political statement, I would certainly and unequivocally accept the express will of the house with no ifs, ands or buts,” he said.

Keffiyehs are a commonly worn scarf among Arabs, but hold special significance to Palestinian people. They have been a frequent sight among pro-Palestinian protesters calling for an end to the violence in Gaza as the Israel-Hamas war continues.

Premier calls for reversal

Ford said Thursday he’s hopeful Arnott will reverse the ban, but he didn’t say if he would instruct his caucus to support the NDP’s motion.

In a statement issued Wednesday, Ford said the decision was made by the speaker and nobody else.

“I do not support his decision as it needlessly divides the people of our province. I call on the speaker to reverse his decision immediately,” Ford said.

WATCH | Ford talks Keffiyeh ban: 

Ford says division over keffiyeh ‘not healthy’

19 hours ago

Duration 1:20

Ontario Premier Doug Ford reiterated Thursday that he does not support Speaker Ted Arnott banning keffiyehs in the Ontario Legislature because they are “intended to be a political statement,” as Arnott said in an email Wednesday.

PC Party MPP Robin Martin, who represents Eglinton–Lawrence, voted against the unanimous consent motion Thursday and told reporters she believes the speaker’s initial ruling was the correct one.

“We have to follow the rules of the legislature, otherwise we politicize the entire debate inside the legislature, and that’s not what it’s about. What it’s about is we come there and use our words to persuade, not items of clothing.”

When asked if she had defied a directive from the premier, Martin said, “It has nothing to do with the premier, it’s a decision of the speaker of the legislative assembly.”

Stiles told reporters Thursday she’s happy Ford is on her side on this issue, but added she is disappointed the motion didn’t pass.

“The premier needs to talk to his people and make sure they do the right thing,” she said.

Robin Martin answers questions from reporters.
PC Party MPP Robin Martin voted against a unanimous consent motion Thursday that would have overturned a ban on Keffiyehs at Queen’s Park. (Pelin Sidki/CBC)

Stiles first urged Arnott to reconsider the ban in an April 12 letter. She said concerns over the directive first surfaced after being flagged by members of her staff, however they have gained prominence after Sarah Jama, Independent MPP for Hamilton Centre, posted about the issue on X, formerly Twitter.

Jama was removed from the NDP caucus for her social media comments on the Israel-Hamas war shortly after Oct. 7. 

Jama has said she believes she was kicked out of the party because she called for a ceasefire in Gaza “too early” and because she called Israel an “apartheid state.”

Arnott told reporters Thursday that he began examining a ban on the Keffiyeh after one MPP made a complaint about another MPP, who he believes was Jama, who was wearing one.

Liberals also call for reversal

Ontario Liberal Leader Bonnie Crombie also called for a reversal of the ban on Wednesday night.

“Here in Ontario, we are home to a diverse group of people from so many backgrounds. This is a time when leaders should be looking for ways to bring people together, not to further divide us. I urge Speaker Arnott to immediately reconsider this move to ban the keffiyeh,” Crombie said.

WATCH | An explainer on the cultural significance of keffiyehs:  

Keffiyeh: How it became a symbol of the Palestinian people

4 months ago

Duration 3:08

Keffiyehs are a common garment across the Arab world, but they hold a special meaning in the Palestinian resistance movement.

Stiles said MPPs have worn kilts, kirpans, vyshyvankas and chubas in the legislature, saying such items of clothing not only have national and cultural associations, but have also been considered at times as “political symbols in need of suppression.”

She said Indigenous and non-Indigenous members have also dressed in traditional regalia and these items cannot be separated from their historical and political significance. 

“The wearing of these important cultural and national clothing items in our Assembly is something we should be proud of. It is part of the story of who we are as a province,” she said.

“Palestinians are part of that story, and the keffiyeh is a traditional clothing item that is significant not only to them but to many members of Arab and Muslim communities. That includes members of my staff who have been asked to remove their keffiyehs in order to come to work. This is unacceptable.”

Stiles added that House of Commons and other provincial legislatures allow the wearing of keffiyehs in their chambers and the ban makes Ontario an “outlier.”

Suppression of cultural symbols part of genocide: MPP

Jama said on X that the ban is “unsurprising” but “nonetheless concerning” in a country that has a legacy of colonialism. “Part of committing genocide is the forceful suppression of cultural identity and cultural symbols,” she said in part. 

Sarah Jama
Sarah Jama, Independent MPP for Hamilton Centre, is pictured here outside her office in the Ontario Legislature wearing a keffiyeh. (Sarah Jama/Twitter)

“Seeing those in power in this country at all levels of government, from federal all the way down to school boards, aid Israel’s colonial regime with these tactics in the oppression of Palestinian people proves that reconciliation is nothing but a word when spoken by state powers,” she said.

Amira Elghawaby, Canada’s Special Representative on Combatting Islamophobia, said on X that it is “deeply ironic” on that keffiyehs were banned in the Ontario legislature on the 42nd anniversary of Canada’s Charter of Rights and Freedoms.

“This is wrong and dangerous as we have already seen violence and exclusion impact Canadians, including Muslims of Palestinian descent, who choose to wear this traditional Palestinian clothing,” Elghawaby said.

Protesters who blocked a rail line in Toronto on Tuesday wear keffiyehs. The protest was organized by World Beyond War on April 16, 2024.
Protesters who blocked a rail line in Toronto on Tuesday are shown here wearing keffiyehs. The protest was organized by World Beyond War on April 16, 2024. (Evan Mitsui/CBC)

Arnott said the keffiyeh was not considered a “form of protest” in the legislature prior to statements and debates that happened in the House last fall.

“These items are not absolutes and are not judged in a vacuum,” he said.

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