A Manitoba police force has been held partly responsible for damages in the first court ruling under “revenge-porn” legislation in Canada, after a deputy police chief in Brandon viewed intimate pictures of a job applicant.
The police service did not distribute the images. But when Brittany Roque, the former job applicant, sued Terri Peters, the woman who gave the images to the police, Ms. Peters in turn sued the police, saying they should have to pay any amount ordered against her. Justice Sandra Zinchuk of the Court of Queen’s Bench did not agree with that approach, but found that Brandon police shared responsibility with Ms.
Kevin Toyne, a lawyer representing Ms. Roque, said it was the first ruling he was aware of under a province’s intimate-images legislation. The judge cited three other rulings involving intimate images, all from Ontario, and all involving privacy breaches under the common law , rather than legislation.
Brandon taxpayers could be on the hook for the entire $45,000 if Ms. Peters cannot afford to pay her share. She added: “It’s going to have a huge impact. It’s not a win just for me. It was a win for anyone who has been a victim or who could potentially be a victim in the future. I’m extremely proud to have played a part in establishing that precedent.”
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