While Canada has passed legislation to criminalize non-consensual sexual deepfakes under the Criminal Code, a legal transition is underway. The Protecting Victims Act (Bill C-16), which amends section 162.1 to cover AI-generated intimate images, received Royal Assent on June 18, 2026, and is scheduled to take effect in mid-July 2026. Until then, prosecutors must rely on indirect criminal charges.
The rapid advancement of Artificial Intelligence (AI) has brought incredible innovation, but it has also created dark new avenues for digital harassment. One of the most devastating forms of abuse is the creation of “deepfake” pornography-using software to superimpose a real person’s face onto explicit sexual imagery without their consent.
For years, victims struggled because the law was designed around actual photographs. To address this, the federal government introduced the Protecting Victims Act (Bill C-16), which received Royal Assent on June 18, 2026, and is set to come into force 30 days later (mid-July 2026). This act expands the definition of “intimate images” in Section 162.1 of the Criminal Code to explicitly include realistic, AI-generated deepfakes. However, the previous Online Harms Act (Bill C-63) officially died on the order paper in January 2025 following the prorogation of Parliament. Until the new law officially takes effect, Canadian courts-including in cases like R v MSK, 2026 NSPC 12, and R. v. Kapoor (Ontario, 2025)-have ruled that synthetic deepfakes do not meet the current definition of a real “visual recording of a person.” In Vancouver, Toronto, or Halifax, sharing realistic AI deepfakes can currently only be prosecuted criminally through indirect means like extortion or criminal harassment. Generally, victims are encouraged to contact police immediately, while those accused urgently need a skilled criminal defence law firm. 🕵
Step-by-Step Legal Process in Canada
When someone discovers that a sexual deepfake of them has been created or distributed, the path to justice involves both the police and social media platforms. Here is how the legal process generally works. 📍
Step 1: Reporting to the Police and Platforms
The victim should immediately screenshot the evidence and URLs before the post is deleted. Under new federal regulations, social media operators are required by law to make flagged harmful content inaccessible quickly. The victim then reports the crime to their local police service or the RCMP.
Step 2: Police Digital Forensics
Law enforcement will subpoena internet service providers (ISPs) to track down the IP address of the person who created or uploaded the deepfake. Police cyber units use advanced forensics to trace anonymous accounts back to the perpetrator’s physical location. 💻
Step 3: Laying the Criminal Charges
Once identified, the Crown prosecutor will lay charges. Under the upcoming Bill C-16 framework (taking effect in mid-July 2026), this will directly include the non-consensual distribution of intimate images under Section 162.1. In the interim, prosecutors must rely on indirect charges such as criminal harassment, or extortion if the creator threatened to send the images to the victim’s family unless they paid money (sextortion).
Step 4: The Court Proceedings
During the trial, the Crown must prove that the accused intentionally created or shared the image, and that they knew the victim did not consent. A defence lawyer might argue technical nuances or mistaken identity, but the courts are increasingly strict to protect victims from reputational destruction. 👮♂️
Real Images vs. Deepfake Images
| Type of Content | Criminal Code Application | Severity of Charge |
|---|---|---|
| Real Intimate Photographs | Clearly covered under Section 162.1 (Non-consensual distribution). | Up to 5 years in prison. |
| AI-Generated Deepfakes | Explicitly added to Section 162.1 under Bill C-16 (effective mid-July 2026). Until then, prosecuted under indirect offences. | Up to 5 years in prison (once Bill C-16 takes effect), plus potential extortion or harassment charges. |
| Satirical / Non-Sexual Edits | Often protected as freedom of expression or parody. | Usually not criminal, but could lead to civil defamation lawsuits. |
How Much Does it Cost in Canada?
Being involved in a deepfake legal battle is financially taxing, whether in criminal or civil court. As of June 2026, the costs generally include:
- Criminal Defence Lawyer Fees: Defending against serious cyber-harassment and intimate image charges will usually cost between $10,000 CAD and $25,000 CAD in law firm fees.
- Civil Damages (Victim Compensation): Several provinces (including Manitoba, Quebec, and British Columbia) have civil tort laws specifically allowing victims to sue deepfake creators. Courts can order the creator to pay $50,000 CAD to $100,000+ CAD in damages.
- Criminal Fines: A judge can impose heavy fines on top of a probation or jail sentence.
How Long Does the Process Take?
Obtaining a takedown order from a social media site is often fast, sometimes occurring within 24 hours. However, the criminal justice process takes much longer. From the initial police report to the final verdict in court, a deepfake harassment trial typically takes 12 to 18 months to conclude. ⌛
Frequently Asked Questions (FAQ)
Is it illegal just to make a deepfake on my own computer?
Under the upcoming amendments in the Protecting Victims Act (Bill C-16), criminal charges primarily focus on the non-consensual publication, distribution, or threat to distribute explicit deepfakes. Simply creating an image for private, non-distributed use is generally not covered by criminal intimate image laws, although provincial civil laws may still apply if the creation violates privacy or causes harm.
What if the deepfake clearly looks fake?
For criminal charges to apply under the updated intimate image laws (Bill C-16), the depiction must be realistic enough that it is likely to be mistaken for a genuine visual recording of that person. Poorly edited cartoons or obvious parodies generally do not meet this criminal threshold, though they may still be civilly actionable.
Can teenagers be charged for making deepfakes at school?
Yes. If the accused is between 12 and 17 years old, they will be charged under the Youth Criminal Justice Act. Schools also have zero-tolerance policies and will involve the police for this behaviour.
How can a victim get the images scrubbed from the internet?
Victims can use civil courts to obtain emergency injunctions (takedown orders) forcing websites to remove the content. In provinces like Manitoba, Quebec, and British Columbia, specific provincial statutes exist to help victims fast-track the removal of non-consensual deepfakes and obtain civil damages. While federal bills like the Online Harms Act (Bill C-63) died on the order paper in January 2025, victims can still leverage local police and civil litigators to pressure hosting platforms.
The psychological damage caused by sexual deepfakes is profound, and Canadian law now reflects the severity of this digital violence. If you have been victimized, or if you are facing criminal charges related to intimate images, we urge you to browse our directory to find a compassionate and experienced Canadian lawyer to guide you.
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