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Sharing sexual images without consent illegal in Canada since 2015. Recent case shows it’s still a problem

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WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.

In recent weeks, a former Western University student was sentenced in a London, Ont., court after pleading guilty to charges of sharing intimate images and video online without consent — actions that have been illegal in Canada since 2015.

The case, as well as statistics indicating the number of such incidents resulting in charges has grown since changes to the Criminal Code were made, point to a persistent and troubling culture, one researcher says.

Charges were laid against the man following an incident at a Sigma Chi fraternity Halloween party in London in 2021. He was 19 and pledging to become a member of the fraternity.

Sigma Chi does not condone or permit the behaviour described in the case and is committed to holding all prospective or current members accountable for any such violations.– Michael Church, Sigma Chi’s executive director

CBC News has decided not to name the man to protect the victim’s identity, information that’s under a court-ordered publication ban.

In April 2023, he pleaded guilty to one count of voyeurism and one count of distributing intimate images without consent.

The maximum sentence for sharing intimate videos without consent is five years. The Crown had sought a sentence of 12 to 18 months of incarceration followed by two years of probation.

On Feb. 20, the man, who has since moved from London, was sentenced to house arrest of two years less a day and must wear an electronic GPS monitoring device, followed by two years of probation.

According to an agreed statement of facts, the man met an 18-year-old woman at the party.

Court documents say the woman became intoxicated and was led into a concrete room. The two had sex and the woman ended it and went to find a friend to take her home, according to the documents.

“The Crown did not seek to prove a lack of consent and no such lack of consent was admitted by the accused.”

When the woman returned to her residence, she was told by her friends that an 11-second video of her having sex had been shared with a Snapchat group called “pledge scum.” On the video, the accused had superimposed the words “Jail Cell,” which was the nickname for the concrete room.

Judge notes ‘devastating impact’ on victims

Also according to the court documents, during the video, the man switched to the front-facing camera, capturing his face while having sex and laughing.

They say the woman was not aware their actions were being captured on video and she did not consent to it being shot or shared.

The court documents said the man went to the woman’s residence later that night after hearing she was upset and expressed regret and deleted the video.

Police investigated, found the image on the man’s phone and charged him.

The woman said in her victim-impact statement that the incident had left her scared at who may have seen the video, and it had a “massive impact on both her mental health and physical well-being.” She had to take a semester off from her studies and “has undergone significant counselling to try and assist her with the ongoing impacts of these offences.”

In a statement to CBC News, Sigma Chi executive director Michael Church confirmed the man was pledging a prospective member at the time of the offence, but once they heard about his behaviour, the fraternity “promptly removed him from his status as a prospective member.”

Church said the man has had no association with the fraternity since the incident.

“Sigma Chi does not condone or permit the behaviour described in the case and is committed to holding all prospective or current members accountable for any such violations,” the statement said.

In the sentencing document, Superior Court Justice P.J. Moore said offences of voyeurism and distribution of intimate images without consent are sexual and privacy offences, but “given that the majority of victims are women, they are also a form of gender-based violence.” Moore also noted “the devastating impact these offences have on its victims.”

Lawyer says man recognizes his actions

In 2015, Parliament amended Sect. 162 of the Criminal Code, making it an offence to record or distribute images or video of an intimate act without consent of every person who appears in the video.

According to Statistics Canada figures, the number of such incidents reported to police and resulting in charges has grown since the law was passed by Parliament in 2015.

In a statement to CBC News, the man’s lawyer, Cassandra DeMelo, said her client “always accepted responsibility for his actions and began doing the work to better understand gender-based violence power imbalances and the importance of privacy.”

She said he “understands the complete invasion of the victim’s privacy, the long-lasting impacts on her life and the profound impact on her university experience and life.”

DeMelo said her client always intended to plead guilty, continues to undergo counselling and “he is a low risk to ever commit an offence again.”

She also said the sentence “is an example of the system working.”

Call for provinces to do more

Suzie Dunn is an assistant law professor at Dalhousie University in Nova Scotia. Her research focus is technology-based violence.

She said many details of the London case are troubling.

“The fact that they had this group chat with a derogatory name, the fact that there is a cement room called the Jail Cell that he took this woman to, then to title the film ‘Jail Cell’ — I think these are real signals to show the lack of respect for the sexual autonomy and real embedded misogyny with this group of people.”

Dunn said there remains a persistent culture among young men who are encouraged by peers to share videos and photos of their sexual encounters with no concern for the other person captured on camera.

Jessie Rodger is executive director at Anova, which operates two shelters for women in London and provides supports for victims of gender-based violence.

Rodger said she receives weekly complaints from women who’ve had intimate videos shared — or threatened to have them shared — without their consent.

“You can consent to be with somebody in an intimate space, but that doesn’t automatically mean that you’re consenting to being videotaped,” she said. “It doesn’t mean that you’re consenting to having other people see it.”

Dunn said Ontario could go further to protect women from unauthorized sharing of intimate videos, noting that other provinces have brought in specific laws.

She said B.C., for example, has set up a tribunal web page where victims can access an expedited legal process to remove intimate images from social media or websites. Also, a helpline is being developed “so that if you need direct support, you can actually call this helpline and they can help guide you through the process of removing images and also help you with some of the emotional trauma that you might be experiencing,” she said.

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via this Government of Canada website or the Ending Violence Association of Canada database. ​​If you’re in immediate danger or fear for your safety or that of others around you, please call 911.

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Mitchell throws two TD passes as Ticats earn important 37-21 home win over Redblacks

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HAMILTON – It remains faint but Bo Levi Mitchell and the Hamilton Tiger-Cats still have a playoff pulse.

Mitchell threw two touchdown passes as Hamilton defeated the Ottawa Redblacks 37-21 in the CFL’s annual Hall of Fame game Saturday afternoon. The Ticats (4-9) earned a second straight win to move to within six points of the third-place Toronto Argonauts (7-6) in the East Division.

Hamilton visits Toronto on Friday night.

“Obviously they’re (wins) huge now,” Mitchell said. “We didn’t do ourselves any favours by getting into this position and not being able to really control our own destiny.

“But right now, we need certain people to win at certain times. Our job is to go out there and try to win the next five, then the next three after that.”

Mitchell finished 20-of-27 passing for 299 yards and an interception. He entered weekend action leading the CFL in passing yards (3,383) and TD strikes (21).

Greg Bell’s 15-yard TD run at 11:30 of the fourth and two-point convert put Hamilton up 36-21 after backup Jeremiah Masoli led Ottawa on two scoring drives. Following a 13-yard TD strike to Andre Miller at 2:53, Masoli found Dominique Rhymes on a 10-yard touchdown pass at 7:43 before Khalan Laborn’s two-point convert cut Hamilton’s lead to 29-21.

“When you’re scoring from (15) yards out on a run play, that makes offence easy,” Mitchell said. “It’s one of those things when you get down there as a quarterback, it takes you sometimes five, eight, 10 plays and now it’s ‘OK, now we have to create some stuff and find something.’

“When you hand the ball off and you’re scoring from (15) yards, it makes the offence really easy.”

Ottawa (8-4-1) would have clinched a playoff spot with a victory.

Ottawa committed six turnovers (three interceptions, two fumbles, once on downs) before an announced Tim Hortons Field gathering of 22,119. Lawrence Woods III also returned a punt 83 yards for a touchdown at 11:51 of the first quarter that put Hamilton ahead 10-3.

“You’ve got to bring your best every single week and this wasn’t our best, all of us, from coaches to the players,” said Ottawa head coach Bob Dyce. “If you don’t play great for four quarters, I don’t care who you’re playing you’re not going to have a successful day.

“We should’ve made the tackle (on Woods), we had him wrapped up it’s that simple. Even though we didn’t make the play on that, there should’ve been extra bodies there to clean it up when he did break the tackle.”

Hamilton also tied the season series with Ottawa 1-1. The teams meet again at TD Place on Oct. 25.

“If we didn’t turn it over today I would’ve said we played really well offensively and that to me is what the biggest difference is,” said Hamilton head coach Scott Milanovich. “Even the turnovers today (interception, fumble), at least they were in their end and we weren’t giving them a short field.

“The biggest play of the game was Woodsie’s return. It got us jump-started, gave us the lead and we were kind of off after that.”

Ottawa starter Dru Brown was 17-of-27 passing for 164 yards and an interception. Masoli entered late in the third and finished 13-of-19 passing for 183 yards with two TDs and two interceptions, but Dyce said Brown will start next weekend against Montreal (10-2-1), which earned a 19-19 tie Saturday night with Calgary (4-8-1).

The Canadian Football Hall of Fame’s ’24 class of S.J. Green, Chad Owens, Weston Dressler, Vince Goldsmith and Vince Coleman, along with builders Ray Jauch and Ed Laverty (posthumously), was honoured at halftime. All were enshrined Friday night.

Steven Dunbar Jr. and Ante Litre had Hamilton’s other touchdowns. Marc Liegghio kicked two field goals, three converts and two singles.

Ottawa’s Lewis Ward booted two field goals and a convert.

Mitchell culminated a five-play, 96-yard march with a 20-yard TD pass to Litre at 13:34 of the third. It followed Jonathan Moxey’s interception.

Liegghio’s single at 7:05 of the third put Hamilton up 22-6.

Mitchell’s 54-yard TD strike to Dunbar at 14:18 of the second staked Hamilton to its 21-6 halftime lead. The advantage was well-deserved as the Ticats had more first downs (12-six), net offensive yards (260-144) and scored on both offence and special teams.

Mitchell was 14-of-20 passing for 210 yards and a TD, but his interception cost Hamilton at least a field-goal attempt. Dunbar had five receptions for 113 yards and the touchdown.

Brown completed 13-of-21 passes for 127 yards.

Liegghio’s missed 47-yard attempt went for the single at 12:45 to put Hamilton ahead 14-6. It followed a Kiondre Smith catch that was ruled incomplete and at the very least cost the Ticats a first down that would’ve kept the drive alive.

Ward’s 30-yard kick at 9:15 had pulled Ottawa to within 13-6.

Liegghio’s 19-yard field goal at 5:13 pushed Hamilton’s lead to 13-3. It followed the defence stopping Ottawa’s Dustin Crum on third-and-one, giving the Ticats possession at the Redblacks 40.

Liegghio’s 47-yard field goal opened the scoring at 2:42 before Ward tied in with a 24-yard boot at 8:44.

UP NEXT

Redblacks: Host the Montreal Alouettes (10-2-1) next Saturday, Sept. 21.

Tiger-Cats: Visit the Toronto Argonauts (7-6) on Friday.

This report by The Canadian Press was first published Sept. 14, 2024.



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Toronto FC downs Austin FC to pick up three much-needed points in MLS playoff push

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TORONTO – Needing three points to keep their playoff push alive, Toronto FC’s Jonathan Osorio and Deandre Kerr stepped up with first-half goals against Austin FC on Saturday with goalkeeper Sean Johnson doing his bit at the other end.

A 76th-minute goal by Austin’s Owen Wolff made for a nervy ending but TFC hung on for a 2-1 win.

While Toronto (11-15-3) remains on the Major League Soccer playoff bubble in eighth place in the Eastern Conference (the eighth- and ninth-place teams in each conference square off in a wild-card playoff with the winner facing the top seed in the conference), other results went their way.

Seventh-place Charlotte, 10th-place Atlanta and 11th-place Philadelphia all lost while ninth-place D.C. United tied.

Toronto midfielder Alonso Coello called it “a game we had to win.”

“It’s a big win … To see that fight tonight was important,” added coach John Herdman.

Austin (9-12-7) came into the game in 11th place in the West, two points below ninth-place Minnesota. The Texas side has won just one of its last six league games (1-4-1).

Austin outshot Toronto 7-6 (6-2 edge in shots on target) in the first half but found itself trailing 2-0 at the break as Toronto took advantage of its chances and the visitors didn’t in their first-ever visit to BMO Field, before an announced crowd of 25,538.

Toronto had a dream start, catching Austin on the counterattack in the seventh minute. A sliding Austin player dispossessed an onrushing Kerr, who had been set free by a long ball from Coello, but the ball bounced to Osorio, who beat goalkeeper Brad Stuver with a rising shot.

It was the Toronto captain’s second goal of the season in league play and his 65th for TFC in all competitions. Only Sebastian Giovinco (83) and Jozy Altidore (79) scored more in Toronto colours.

TFC went ahead on another counterattack in the 30th minute after an Austin giveaway. Osorio found Richie Laryea outpacing his marker and the wingback unselfishly sent a perfect low cross across goal for Kerr to knock home for his third of the season.

Wolff, the son of Austin head coach Josh Wolff, made it interesting with his late strike. The 19-year-old U.S. youth international, controlling a long ball, beat defender Raoul Petretta and then waited out Johnson before slotting it home for his first of the season.

Toronto survived a nervy six minutes of stoppage time as Austin pressed for the equalizer. Austin outshot Toronto 14-9 (8-3 in shots on target) and had 52.5 per cent possession.

The win evened Toronto’s home record at 7-7-0, while Austin slipped to 3-8-3 on the road.

It was a costly evening for Austin with defender Brendan Hines-Ike, midfielder Jhojan Valencia and star attacker Sebastian Driussi allpicking up cautions to miss Wednesday’s game with Los Angeles FC due to yellow-card accumulation.

Toronto defender Shane O’Neill will miss Wednesday’s game against visiting Columbus for the same reason. Toronto could be short mid-week, too. The hope is veteran centre back Kevin Long, who missed Saturday’s game after tweaking his hamstring in training, will be good to go.

Toronto has five games remaining, including three more at home as it looks to return to the post-season for the first time since 2020 when it lost to Nashville after extra time at the first hurdle.

It is a challenging road.

TFC hosts Columbus, the New York Red Bulls and Inter Miami while playing away at the Colorado Rapids and Chicago Fire. All but Chicago are in playoff positions.

The only previous meeting between Toronto and Austin was in May 2023, when Zardes scored a 91st-minute winner to give Austin a 1-0 win over visiting Toronto, which was then mired at the bottom of the Eastern Conference. That loss prompted a post-game outburst from Italian star Federico Bernardeschi about TFC’s drab play.

Then-coach Bob Bradley benched Bernardeschi for the next game.

Current coach John Herdman made four changes to his starting 11 with Bernardeschi and Osorio returning from suspension and Coello and Kerr also slotting in. Coello, who had missed the last eight league games with a hamstring injury, was impressive in his 59-minute return.

Both Toronto and Austin suffered home losses last time out going into the international break. Toronto was beaten 3-1 by D.C. United while Austin lost 1-0 to Vancouver.

Follow @NeilMDavidson on X platform.

This report by The Canadian Press was first published Sept. 14, 2024.

The Canadian Press. All rights reserved.



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CF Montreal finds its groove with 2-1 win over Charlotte

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MONTREAL – CF Montreal is back in the win column after securing a 2-1 Major League Soccer win over Charlotte FC on Saturday night at Stade Saputo.

Montreal’s form had suffered of late, with just one win in MLS since July, but Laurent Courtois’ squad showed a level of poise and control over the tempo of the game that had not been seen since the beginning of the season.

“What we’ve changed in the last few weeks or months in terms of our methodology or coaching, is nothing. We did the exact thing, We had the exact same words, and we expressed them the exact same way,” said Courtois. “Today, everything just clicked.”

Caden Clark scored for the first time as a Montreal (7-12-9) player in the 23rd minute, in addition to Bryce Duke’s goal three minutes later that ended up being the winner, while Tim Ream found the back of the net for Charlotte (10-10-8).

Montreal had the first major scoring chance of the match after 15 minutes of play. With a free kick roughly 25 metres away from goal, Gabriele Corbo sent a near-perfect shot smashing off the crossbar.

Montreal would continue to dictate the tempo in the opening phase, finding first blood just seven minutes later.

Following a phenomenal triple-save from Charlotte goalkeeper Kristijan Kahlina, the ball fell to Clark who volleyed the ball into the wide-open net, picking up his first goal for the club.

“I think you don’t lose the feeling (of scoring), everything happens for a reason, you just can’t lose yourself in the chaos,” said Clark, who had missed a full season due to injury and was briefly without a club, but was grateful for Courtois’ confidence in him.

“(To have a coach’s confidence) is huge and is something I’ve had both ends of so you just can’t take advantage of that in the wrong way. I’m going to keep my discipline with the game plan and keep my head right.”

With momentum completely on their side, the home side doubled the lead just three minutes later. Montreal continued to build up play on the left flank and found a streaking Raheem Edwards in behind the defence who cut the ball back to Duke, sending the Stade Saputo crowd into a frenzy.

Just after the half-hour mark, Charlotte pulled one back through a set piece — something Montreal has struggled defending all season — as Ream rose above everyone at the back post to score his first with his new club.

The second half began in a similar fashion to the end of the first, with Charlotte pressing high up the pitch and forcing several turnovers in dangerous areas. After surviving the pressure, Montreal began to regain control of the game near the hour mark, enjoying the lion’s share of the possession while Charlotte looked to hit back on the counterattack.

“I think when we conceded that goal we were like ‘here we go again.’ 2-1 is a tough lead before halftime … and at the beginning of the half we kind of shot ourselves in the foot and they pressed a bit more, they moved a bit more forward and that opened some gaps,” said captain Samuel Piette.

“I was happy with that, it shows character. At the end of the day, we just wanted the three points and that’s what we got.”

As the game progressed, Charlotte pushed harder to find an equalizer but to no avail. With only one shot on target conceded, the second-worst defence in the league put up an impressive front and confidently rebuffed every single Charlotte attack.

“I’m a big fan of the back five’s performance in their discipline, competitiveness, and synchronization with balls in behind,” said Courtois.

“We can’t explain sometimes in a game it’s not there, they’re capable and today they showed it. Let’s see tomorrow.”

UP NEXT

Both teams are back in action on Sept. 18 away from home as Montreal will look to avenge a 5-0 rout against the New England Revolution while Charlotte visits Orlando City SC.

This report by The Canadian Press was first published Sept. 14, 2024.

The Canadian Press. All rights reserved.



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