Legal Project Management Plan & Checklist
How to defend against Section 162.1 charges for the non-consensual distribution of intimate images under the Criminal Code of Canada.
What is an intimate image under the Criminal Code?: Under Section 162.1(2), as amended on July 18, 2026, an intimate image is either (a) a visual recording of a person who is nude, nearly nude, exposing their sexual organs or engaged in explicit sexual activity, made in circumstances that gave rise to a reasonable expectation of privacy which the person retains at the time of the offence, or (b) a visual representation made by any electronic or mechanical means, including artificial intelligence software, that shows an identifiable person depicted in one of those ways, if the depiction is likely to be mistaken for a visual recording of that person. The Crown must prove these elements beyond a reasonable doubt.
How can bail conditions be modified?: Crown attorneys routinely seek broad Internet and social media prohibitions on Form 10 Undertakings and Form 11 Release Orders. Defence counsel can apply to a judge under Section 520 for review of a release order made by a justice, or seek a variation of a police undertaking under Section 502 (on written consent, or by application to a justice), to narrow these conditions, permitting Internet access for employment, legal consultation, and banking, while replacing blanket bans with targeted restrictions.
How to defend against s. 162.1 intimate image charges involving a complainant under 18, triggering concurrent CSAM risks under s. 163.1 of the Criminal Code.
How to defend against s. 162.1 intimate image charges involving AI-generated or synthetic media where the offence occurred before the passage of Bill C-16.
Jurisdiction: Federal criminal law applied through provincial courts (Provincial Court and Superior Court) across Canada.
The Process at a Glance: The defence strategy begins with an immediate Section 520 bail review to modify overbroad communication bans. The defence then issues preservation letters to tech platforms and demands full forensic disclosure from the Crown. Independent forensic analysis is conducted to audit EXIF metadata and challenge digital attribution. Pre-trial motions, including any application for production of third-party records (made under Section 278.12 of the Criminal Code where the statutory regime applies), are filed. The matter concludes with Charter motions under Section 8, resolution negotiations, or trial.
Key Legislation and Case Law: Governing legislation includes the Criminal Code (R.S.C., 1985, c. C-46), specifically Sections 162.1 (publication etc. of an intimate image without consent: on indictment, up to 10 years, or up to 14 years where the accused knew or ought to have known that aggravated sexual assault was being, or had just been, committed against the person depicted when the image was made; s. 162.1(1.1), added on July 18, 2026, makes it an offence to threaten to publish an intimate image, with a maximum of 10 years on indictment), 164.1 (Seizure and deletion orders), 486.4 (Publication bans), and 738 (Restitution). Emerging jurisprudence regarding synthetic media, such as R. v. R.K.1, 2025 ONCJ 542, and the Bill C-16 amendments to s. 162.1(2) in force since July 18, 2026, are critical for challenging the authenticity of visual representations.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Criminal Law: Intimate Images (s. 162.1) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
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| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
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