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44 N O V E M B E R / D E C E M B E R 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m lytics and challenges of social/cyber/ digital technology. Before deciding if new laws are needed to help the authorities, Kotak says we first have to rethink what digital crime actually is. "Cybercrime can't be a thing anymore. It needs to be seen as just crime. Our cars are connected, our houses are con- nected and even our medical devices are connected. A pacemaker can now be hacked into and turned off. Is that a homicide or a cybercrime?" Even when Canada does enact new cyber-related laws, their existence can be slow to trickle down to the public, says Fraser. He uses "revenge porn" as an example. This act has become popular in recent years, whereby (mostly) men post intimate images of their former girl- friends or former wives online, without their consent. As a result of these kinds of cases, Canada amended the Criminal Code (s. 162.1) in late 2014 to address the nonconsensual distribution of inti- mate images of any person. And it added s. 162.1 to the peace bond section of the Criminal Code at s. 810(b). Fraser thinks this is good news, except for one problem: Even though the law is roughly two years old, he wonders if the public even knows peace bond protection exists. If a potential victim checks the Canadian Resource Centre for Victims of Crime website, for example, there is no mention of using a peace bond for s. 162.1. Kotak says the Internet has made the world really small but also really big. Both the investigation and forensics of cybercrime are extremely complex and require specific skill sets. "With physic- al investigations, tactics are changing, the craft is changing and you're seeing exactly the same thing in the digital world. The way we acquire evidence, the way we retain evidence, the way we present evidence — this is a complex field. You cannot conduct only a trad- itional investigation or only a digital forensics investigation — you have to do both, and they have to complement each other." Says Fraser, "Twenty or 30 years ago, if I wanted to rob a bank, I would just go rob it. The evidence would be on one surveillance camera inside the bank, maybe. And there'd be witnesses. Both would be enough to convict me. Now, they'll go through my cellphone records. They'll get a production order from the cellphone company that shows my phone was outside that bank three days earlier when I was casing the building. This is better evidence, but it is not the only evidence." In recent years, Canada's govern- ments have wanted to make it easier for the police. "The way they can make [these investigations] easier is to do so without a warrant, which has a huge impact on the justice system in gen- eral," says Fraser. Kotak says that laws are already in place to help authorities, through production orders, subpoenas, the Mutual Legal Assistance Treaties process and the various amendments of the Protecting Canadians from Online Crime Act (S.C. 2014, c. 31), among many others. He says the laws are there to help authorities obtain the appropri- ate evidence. "But if you can't get the L E G A L R E P O RT \ C R I M I N A L L AW New in this edition • Legislative amendments: – Victims' Bill of Rights – The Act to amend the Criminal Code (exploitation and traffi cking in persons) – The Anti-terrorism Act, 2015 – The Respect for Communities Act – The Tougher Penalties for Child Predators Act – The Common Sense Firearms Licensing Act – The Zero Tolerance for Barbaric Cultural Practices Act – The Justice for Animals in Service Act (Quanto's Law) – Section 43 of the Economic Action Plan 2015 Act – Schedules I, II, IV, and VI to the Controlled Drugs and Substances Act • Key cases: – R. v. Knapczyk and Alcantara; R. v. Tatton; R. v. Lacasse; R. v. Appulonappa; R. v. Moriarty; Caron v. Alberta; R. v. Rodgerson; R. v. Ali; R. v. Belcourt; R. v. Hill; R. v. Crevier; R. v. Nguyen; R. v. Martin; R. v. Rahimi Experience the freedom and fl exibility to work wherever and whenever you want, with or without an Internet connection. You can choose to access the Thomson Reuters ProView™ eBook version* of this publication through your web browser, or to download it to your deskto p or laptop (Windows and Mac), iPad, or Android tablet. Discover the complete collection of ProView eBooks at www.carswell.com/proview Find a complimentary training session at cpdcentre.ca *Not available to trade bookstores, third-party distributors, and academic institutions. Windows is a trademark of Microsoft Corp. Mac and iPad are trademarks of Apple Inc. Android is a trademark of Google Inc. 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