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Decision opens up debate about consent, technology | Winnipeg Free Press
(www.winnipegfreepress.com)
this post was submitted on 17 Aug 2023
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Seems pretty cut and dry to me. If one participant is not made aware of and does not consent to being filmed, your sexual encounter is now not consensual.
@grte
Again NAL, but this may have an effect on Canada's one-party consent laws ... which would not be a good thing imo (per https://recordinglaw.com/canada-recording-laws/)
Better to stay away from challenging the recording part and stick with the psychological damage.
I don't agree. I don't think one party consent should be so sacrosanct that you can film a person having sex without their permission and not catch problems for doing so. Not ancillary issues like psychological trauma (which of course matter in their own right and should carry consequences), the act itself should be a crime, that's a huge violation. I'm sure we can find a reasonable legal distinction between that and recording a phone call.
Most developed countries have revenge porn laws which specifically cover this issue. It's strange to me that Canada doesn't.
It is strange to you because it does have revenge porn laws. What it does not have is an automatic invalidation of the contract entered into to engage in the sexual activity itself if revenge porn laws are violated.
To use another instance of this, if we agree that you will fix my plumbing, and then you steal my car, the stealing of the car is very much against the law, but breaking that law does not invalidate the contract for the plumbing work. @grte above thinks that if you knew the person was planning on stealing your car, you would have never agreed to have them work on your plumbing, and thus the plumbing contract should also become null and void in every case. That is what Canada does not have. Nor it is likely anywhere else does either.
Then that would be rape by deception. Does Canada not have that?
When there is deception, but that needs to also be established. One does not necessarily imply the other.