Legal Options and Remedies for Teens Experiencing Tech Abuse
This document helps teens experiencing tech abuse understand their legal options. Different laws apply in different circumstances; four general areas of law can help stop technology-facilitated violence: criminal law, civil law, human rights protection, and peace bonds.
For more information, see our Legal Remedies for Technology-Facilitated Gender-Based Violence Toolkit. If you are unsure about the meaning of any words used in this document, please see Definitions of Legal Terms: Civil and Family Law and Definitions of Legal Terms: Criminal Law.
You are not limited to using only one type of law. If you are a teen experiencing technology-facilitated violence, any law that applies to your situation can be used. For example, if someone has shared intimate photos of you online, you can start criminal proceedings against them for committing a crime. You can start a civil lawsuit against the individual and ask for compensation and an injunction. You can also obtain a peace bond to prevent them from contacting you.
Remember: You do not have to figure out the law by yourself. A trusted adult, victim-support service, lawyer, or other legal support can help you understand your options.
Before You Explore Legal Options: Preserving Digital Evidence
Before you report what is happening or take legal action, consider whether you want to save any digital evidence. Messages, posts, account information, images, location records, and other online content can be changed, deleted, or become harder to access over time.
Preserving evidence can help show what happened, when it happened, who was involved, and whether there is a pattern of behaviour. This information may be useful if you decide to speak with police, a lawyer, your school, or another service about your legal options. You do not have to decide right away whether you want to report or take legal action. Saving evidence now can help keep those options open for later.
How to Preserve Digital Evidence
What you save will depend on what is happening, but these are good steps for many types of technology-facilitated gender-based violence:
- Take screenshots or screen recordings of messages, posts, profiles, images, calls, location information, or other concerning activity.
- Include identifying information when possible, such as the date and time, username, account name, phone number, or email address.
- Save the whole conversation or context, not just one message, when it is safe to do so. This can help show what happened before and after an incident.
- Save links or account information for posts, profiles, or websites when available.
- Keep original messages, emails, photos, videos, or voicemails when possible. Avoid editing or changing the original files.
- Write down what happened. Include the date, time, what happened, how you became aware of it, and anything else you think is important. Keeping a record can also help show repeated behaviour over time.
- Save evidence before blocking or reporting an account or post, because you may lose access to the content afterward.
- Keep a copy somewhere the person causing harm cannot access, or ask a trusted adult to help you store it safely.
Safety Tip: Some apps may tell the other person when you take a screenshot or use certain features. Before saving evidence, find out whether the person will be notified. If you are unsure, a trusted adult or support worker can help you consider another way to preserve it safely.
Criminal Law
Criminal law addresses behaviours that may be against the law. Some forms of technology-facilitated abuse may also be criminal offences. As you read through the examples below, think about whether any of them sound like something a current or former dating partner has done to you. You do not need to know whether a crime has been committed. A trusted adult, legal professional, or police officer can help you understand how the law may apply to what happened.
1. Criminal Harassment: Section 264 of the Criminal Code states that it is a crime to repeatedly follow someone, communicate with someone, watch a person’s home, OR engage in threatening conduct towards someone if that conduct causes the person to fear for their safety.
- Notice that this crime could potentially apply to many types of tech abuse. Harassment, stalking, intimidation, impersonation, and the sharing of intimate images could all be considered criminal harassment.
-
-
- If someone is doing something that makes you fear for your safety, there is a good chance that they are committing criminal harassment.
-
2. Uttering Threats: Section 264.1 of the Criminal Code states that it is an offence to threaten to cause bodily harm to a person or threaten to destroy their property.
- Unlike criminal harassment, the crime of uttering threats does not require you to fear for your safety as a result of the action/communication. As long as a threat has been made, a crime has potentially been committed.
3. Extortion: Section 346 of the Criminal Code states that it is an offence to use threats to make a person do something.
4. Intimidation: Section 423 of the Criminal Code states that it is an offence to use intimidating behaviour to prevent a person from doing something.
- Intimidating behaviour could include violence, threats online or in person, following a person, or watching or monitoring a person’s home.
5. Publication of an Intimate Image Without Consent: Section 162.1 of the Criminal Code makes it a criminal offence to publish, distribute, make available, or advertise an intimate image of a person without their consent. In July 2026, changes to the law under Bill C-16 expanded this protection to include realistic AI-generated intimate images (also called deepfakes) that depict an identifiable person. The law also makes it an offence to threaten to share intimate images without consent.
- An intimate image does not have to be shared for an offence to occur. Advertising an intimate image without consent can also be a criminal offence. For example, if your former partner tells their friends they can show them intimate images of you, this may count as advertising an intimate image, even if they never actually show anyone the images.
6. Distribution of Child Pornography: Section 163.1(3) of the Criminal Code states that it is an offence to distribute a sexual image or video that shows a person who is or is depicted as being under the age of eighteen years.
- Even if you agree to let someone share a sexual image of you, it is still a crime if you are under the age of 18. 1
7. Luring a Child: Section 172.1 of the Criminal Code states that it is an offence to use the Internet to communicate with a teen for the purposes of persuading that teen to meet up for sexual activities.
- This offence could apply in situations where an adult is pressuring you to send them sexual photos or text messages. Even if you have not met in person yet, if the adult has intentions of eventually meeting you in person for sex, then this offence has been committed.
Step-by-Step Guide to Criminal Law Proceedings
If you think a crime has been committed against you, you may wish to report it to the police and pursue criminal charges. Here are some important things to know about that process:
Starting a Criminal Proceeding or Applying for a Peace Bond
- Before criminal proceedings begin, you can consider applying to the Crime Victim Assistance Program. You can apply as soon as a crime against you has taken place. Your current or former partner does not need to be arrested or charged with a crime for you to apply. The program may help with certain expenses and provide funds for support and counselling. The Crime Victim Assistance Program (CVAP) assists victims, immediate family members, and some witnesses in coping with the effects of violent crime. It provides financial benefits to help offset losses and support recovery.
- If you report the behaviour to the police, that begins the criminal investigation. This is required if you want your current or former partner to be charged with a crime.
- The officer will investigate your case. During an investigation, the officer may speak to other witnesses such as your family and friends.
- If the officer refuses to investigate and takes no further action, talk to their supervisor to see what can be done. You can ask for the officer’s supervisor at the police station's reception/front desk. If the supervisor also refuses to investigate further, you can consider laying an information if you think that your case should be investigated further.
- After investigating your case, the police will consider whether or not they think your current or former partner should be charged with a crime based on the evidence in front of them and their knowledge of the law.
- If the answer is yes, the police will recommend that Crown counsel charge your current or former partner with a crime. Crown counsel are lawyers who work for the government.
- If Crown counsel agrees with the police’s recommendation, they will charge your current or former partner with the crime. Crown counsel will generally move forward with a case if they believe there is enough evidence to prove a crime was committed.
- This does not mean that your current or former partner is automatically guilty of the crime. Your current or former partner will appear in court, where it will be decided if they are guilty or not. Your current or former partner will have a chance to defend themselves. If your current or former partner is found guilty of committing the crime, they will receive a punishment; the punishment will depend on the circumstances of the case and be decided by the judge.
- If Crown counsel does not agree with the police’s recommendation, they will not charge your current or former partner with a crime. Crown counsel will not proceed with a case if they think there isn't enough evidence.
- This means that your case will not proceed any further.
- You can ask the Crown to tell you what evidence is missing. If you discover new evidence, you should bring it to the Crown's attention.
- If you disagree with the Crown’s decision, you should ask them to tell you why they are not proceeding with your case. The law requires them to tell you the reason behind their decision.
If the answer is no, the police will not recommend that Crown counsel charge your current or former partner with a crime.
- This means that your case will not proceed any further. However, if you still believe that your current or former partner has committed a crime against you and should be charged with a crime, you should talk to the officer’s supervisor. If the supervisor also refuses to move forward with your case, you can consider laying an information.
Laying an Information
Normally, if you think a crime has been committed against you, you must report it to the police to start formal criminal law proceedings. However, sometimes the police may not think your case is serious enough to recommend charging. If this happens to you, you may still be able to move your case forward by “laying an information.” This process lets you provide information about a crime to a court instead of the police. The process of laying an information is set out below.
- Make sure you know which criminal offence has been committed.
- If you think that a crime has been committed, go to a courthouse that has a court registry.
- Tell the court registry that you would like to lay an information.
- There will be someone at the courthouse who will collect information from you about the crime that has been committed.
- The information you give will be passed along to a judge or justice of the peace.
- The information will also be passed along to Crown counsel.
- There will be a process hearing in court. This means you will have to attend court and speak to a judge. During the process hearing, you will have to present the court with evidence showing that your current or former partner committed the crime you say they committed.
- You should bring all the evidence that you have collected.
- Crown counsel will also be present in court and may ask you questions about your evidence.
- If the judge is satisfied with your evidence, they will order your current or former partner to attend court later for a criminal law proceeding.
Civil Law
Civil law is different from criminal law. Instead of the police charging someone with a crime, civil law lets the person who was harmed seek legal remedies, such as a court order to stop sharing an image, have it removed, or receive money for the harm caused. Many Canadian provinces have specific laws that provide civil remedies for non-consensual sharing of intimate images. Rules and options vary depending on where you live.
For example, in British Columbia, the Intimate Images Protection Act allows someone whose intimate image has been shared or threatened to be shared without their consent to seek an order to stop the sharing and have the image removed. They may also be able to seek up to $75,000 in compensation for the harm caused.
Civil Law Proceedings
As a teenager, your ability to begin a civil lawsuit is unfortunately quite limited. You have two options for starting a civil lawsuit.
- Young people under the age of majority (18 or 19, depending on the province or territory) can pursue a civil lawsuit but generally need an adult, called a litigation guardian, to act on their behalf. The rules and requirements vary across Canada.
- If, for some reason, you cannot ask an adult in your life to be your litigation guardian/representative, see if your province or territory offers a public guardian or trustee program that can sue on your behalf. You should also tell them why you cannot ask an adult in your life to be your litigation guardian. If a public guardian takes your case, they may be able to hire a lawyer to handle it.
Human Rights Protections
Note: Only consider this section if the teen digital dating violence you are experiencing is happening at school, and your current or former partner is another student.
Provinces and territories may have a Human Rights Code that protects people from discrimination for their race, colour, place of origin, religion, physical disability, mental disability, sex, gender identity or expression, and sexual orientation. Under human rights protections, your school may have a responsibility to ensure you are not being targeted by other students in a discriminatory way. For example, if someone you are dating repeatedly texts racist jokes about you to your classmates, your school must make a genuine effort to stop the abuse. If your school is aware of the abuse and does not make a genuine effort to stop it, you can go to the Human Rights Tribunal and file a complaint against your school. The Tribunal will decide whether your school failed to provide an environment free from discriminatory conduct. If the Tribunal decides that your school has not done enough to stop the discriminatory conduct, you can receive compensation (i.e. money) from your school.
If you are experiencing discriminatory teen digital dating violence at your school, suing your school for negligence in a civil law proceeding is another option. Read your province’s Human Rights Code for more information on how to do so.
Peace Bond
A peace bond is a court order a judge makes to protect you from a person you think may harm you. A peace bond can order someone to:
- Not contact or limit contact with you, your family, and friends.
- Not visit your home, workplace, or certain places that you frequent
- Not post or share any intimate images they have of you
The person identified in the peace bond is required to follow the conditions of the order once it is issued and served. If the person fails to follow any of the conditions, call the police immediately. Police may charge them with a criminal offence for breaching the order's conditions, and they may arrest them.
To get a peace bond, you can call the police and ask for one, or you can go to court and ask for one. You do not need a lawyer, and there is no fee. When asking for a peace bond, request that a condition be added that prohibits the current or former partner from sharing or posting the intimate image they have of you. This tip sheet on peace bonds has more information on how you can obtain one.
Technology-facilitated gender-based violence is part of a continuum of violence that can be both online and in-person. If you or someone you know is experiencing technology-facilitated violence, you are not alone. Encourage them to chat with a trusted adult, connect with the Kids Help Phone to create a safety plan, or use ShelterSafe.ca to find a shelter/transition house near you to discuss options and create a safety plan. You don’t need to stay in a shelter to access free, confidential services and support.
We gratefully acknowledge Sherry Xu, JD Candidate, Peter A. Allard School of Law, UBC, for the creation of this document.
____________________________
1 The Supreme Court of Canada, in the 2001 R v. Sharpe case, recognized that there are certain situations where “a teenage couple would not fall within the law’s purview for creating and keeping sexually explicit pictures featuring each other alone, or together engaged in lawful sexual activity, provided these pictures were created together and shared only with one another.”
