Canada's new law criminalizing sexualized AI deepfakes 'too little, too late,' woman says

young AI deepfakes jurisprudence 'too small, too late' for Halifax adult female

A Halifax woman whose former classmate was acquitted after creating and distributing a nude deepfake of her says she's relieved Canada has a new law criminalizing the distribution of sexualized deepfakes, but disappointed the law wasn't created in time for her.   

"I can't disagree," said Justice Minister Sean Fraser, speaking at an event in Halifax Thursday. "This is a change that should have been made before, but it's never too late to do the right thing." 

B.L.E.'s former high school classmate was charged with distributing intimate images.

According to an agreed statement of facts, he admitted to taking photos of her and some other classmates from social media, using artificial intelligence to make them appear naked, then sharing them without permission between November 2023 and February 2024.

But in March 2026, a Nova Scotia judge acquitted him, ruling the synthetic images did not meet the definition of intimate images as they were then defined in Canada's Criminal Code. 

On June 18, Bill C-16, also known as the Protecting Victims Act, received royal assent, changing that definition.  

An intimate image has now been redefined to include: "a visual representation that is made by any electronic or mechanical means, including by means of artificial intelligence software. . . If the depiction is likely to be mistaken for a visual recording of that person."

At the crux of the issue in B.L.E.'s case was that the old definition required the image to be a visual "recording" of a person.

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In her decision, Judge Bronwyn Duffy noted the images included "up-close, realistic, easily visible breasts and genitalia, imposed on the real faces of these complainants."

She stated that lawyers on both sides had agreed the only matter in dispute was whether the images met the definition of intimate images. 

"Much that is unacceptable is not criminal," she wrote at the time. "The law does not reflect the technology that exists today."   

The judge did not name the man in her decision to avoid inadvertently identifying the five complainants. 

B.L.E., 25, said the manipulated photo originally showed her and three friends at a backyard party before high school graduation.  

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In another case in October 2025, an Ontario judge found a man not guilty for the same reason after he was accused of distributing an image of his wife with her head digitally manipulated on top of a naked body that was not hers.   

Meanwhile, in a case still before the courts, in which the allegations have not been proven, a man is facing 79 charges, including harassment, uttering threats and possessing and distributing child sexual abuse and exploitation material after allegedly creating and distributing sexualized deepfakes.  

The new legislation also increases the maximum punishment for distributing intimate images from five years imprisonment to 10 years, and it makes it a crime to threaten to distribute an intimate image, even if it is not actually shared.   

The Halifax woman, B.L.E., said Fraser has agreed to meet with her in the coming weeks and, while she will thank him for his role in creating the new law, she will also push for amendments.  

She believes the legislation should also criminalize the creation of sexualized deepfakes, not just their distribution. 

In a statement, Department of Justice spokesperson Katelyn Moores said officials are still studying the legal complexities of criminalizing the creation of deepfakes because criminalizing the making of fictional materials could pose risks to the right to freedom of expression.

When asked about this Thursday in Halifax, the justice minister said as technology evolves, new ideas may come to the fore.

"We'll continue to consider how we can improve the law to better protect the victims of these just horrible crimes," Fraser said.

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Rosel Kim, a senior staff lawyer with the Women's Legal Education and Action Fund who appeared before the House of Commons and Senate committees that studied Bill C-16, applauded the legislation.

However, Kim expressed concern that the new definition of intimate images includes the words "likely to be mistaken" for a visual recording of that person.    

"If a survivor goes to the police and the police are determining that, 'Oh, it's not really like you,' then that poses an additional barrier for the survivor coming forward," she said in an interview. 

That phrase requires only that the depicted person appear to be real to a reasonable observer, according to Moores. She said that particular language ensures legitimate forms of expression, such as satirical cartoons, are not criminalized. 

Kim and B.L.E. Both said improvements are also needed when it comes to civil legislation.

Duffy, the judge in B.L.E.'s case, noted in her decision that academics have called for provinces to similarly update their definitions of intimate images to include "synthetic or false," which some — including Manitoba — have. Nova Scotia has not. 

A spokesperson for Nova Scotia's Department of Justice said the province is currently reviewing its statutes to identify where updates may be needed.

Since 2021, Kim said, she has been calling for an independent regulator with expertise in technology-facilitated gender-based violence that could help victims navigate their options. 

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Australia introduced an eSafety Commissioner in 2015 to protect children from online harms and has since expanded the role to include citizens of all ages. The commissioner also raises awareness about deepfakes, helps Australians have them removed and helps companies develop screening and removal policies.

On June 10, Canada introduced Bill C-34, the Safe Social Media Act. If it becomes law, it would create an independent Digital Safety Commission which would be responsible for enforcing regulations, handling complaints, raising public awareness and supporting victims of online harm.

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Despite the fact Bill C-16 is now law, the man in the Nova Scotia case cannot be charged under it because the Canadian Charter of Rights and Freedoms ensures any person charged with an offence has the right not to be tried again for that same offence.

He pleaded guilty to criminal harassment and sending an obscene image on March 13, 2025, but B.L.E. Was not a victim of those particular charges.

She's now suing the man, which she says is "another attempt at justice."

Since the discovery of the deepfake, B.L.E. Said she's struggled to eat and lost weight. She put her master's degree on hold, moved back in with family and delayed her entrance into the workforce. 

"It has put my life on pause," she said. "I am in a constant state of hypervigilance, which is exhausting." 

Senior reporter

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