Can I Sue Someone for Sharing Intimate Images Without My Consent in the Okanagan?

Most people are aware that sharing intimate images without consent can result in criminal charges. What is less well known is that in the Okanagan, victims also have a dedicated civil process for having images removed and for seeking financial compensation.

British Columbia’s Intimate Images Protection Act creates a standalone civil cause of action for the non-consensual distribution, or threatened distribution, of an intimate image. It also gives the Civil Resolution Tribunal (CRT) jurisdiction to hear these disputes, providing a faster and more accessible alternative to a conventional court action in the Supreme Court of British Columbia.

How the Regime Works

Under the Act, a person depicted in an intimate image that is shared, or threatened to be shared, without their consent may apply to the CRT for a range of remedies. The Act also allows an application without notifying the respondent first, so that urgent takedown orders can be sought quickly, before the respondent even knows a claim has been filed.

Remedies Available

The CRT can order remedies including:

• an order that the respondent stop distributing, or threatening to distribute, the image;
• an order that the respondent destroy or delete the image;
• an order requiring an internet intermediary (such as a website operator or platform) to remove or disable access to the image;
• a declaration that the distribution was non-consensual; and
• monetary damages, without the applicant needing to prove specific financial loss.

How Damages Are Assessed

Damages for the non-consensual disclosure of intimate images are intended to compensate for the loss of privacy, dignity, autonomy, reputation and emotional well-being caused by the disclosure — not simply for provable financial loss. Relevant considerations can include:

• the nature of the image and whether the applicant was identifiable;
• the number of images or disclosures and how widely they were shared;
• the duration of the publication;
• the method of publication, including whether the internet was involved;
• the relationship between the parties;
• the vulnerability of the applicant; and
• the respondent's conduct before and after the disclosure.

Publication on the internet creates particularly serious harm because images can be copied, downloaded, shared, and reposted indefinitely. Even where the original posting is removed, victims often have no way of knowing who viewed the images or whether they continue to circulate online.

The Criminal Code Still Applies

Sharing intimate images without consent can also be a criminal offence under section 162.1 of the Criminal Code. A criminal charge, or the absence of one, does not prevent a person from pursuing a civil claim through the CRT or the Supreme Court of British Columbia — the two processes are independent of one another.

Key Takeaways

1. British Columbia has a dedicated, victim-focused process. The Intimate Images Protection Act and the CRT provide a faster route to takedown orders and compensation than a conventional lawsuit.
2. The Harm Is Inherently Serious. The law recognizes that unauthorized sharing of intimate images causes significant harm to privacy, dignity, and autonomy, even without proof of specific financial loss.
3. Urgent Orders Are Available. Applications can be made without notice to the respondent where circumstances require it.
4. Internet Publication Creates Lasting Consequences. The ability of online content to spread rapidly is a significant factor in assessing appropriate remedies.

What Should You Do If Your Intimate Images Have Been Shared?

• Preserve screenshots, messages, emails, and website links;
• Report the content to the platform hosting the images;
• Consider contacting police;
• Avoid engaging with the person responsible if doing so may place you at risk; and
• Obtain legal advice as quickly as possible.

If intimate images or personal information have been shared without your consent, legal remedies under British Columbia’s Intimate Images Protection Act may be available to help protect your rights and seek compensation for the harm suffered. Contact our Kelowna office to discuss your situation in confidence.