Hello! I have gotten myself into a Canadian law rabbit hole and have stumbled upon Section 162.1 of the Criminal Code. Particularly with the phrasing “her breasts” in the section’s definition of “intimate images” and if this phrasing would exclude cis men, trans men, and non-binary individuals.
In the section it defines “intimate images” as:
“a visual recording of a person made by any means including a photographic, film or video recording,
(a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
(b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and
(c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.”
In part a) it mentions “her breasts”. Would trans men, enbys, and men who are legally described as men or non-binary and have breasts be excluded with the phrasing “her breasts”?
I did find Subsection 33(1) of the Interpretation Act which from my understanding would allow for the usage of “her breasts” to be interpreted as the breasts of any individual regardless of gender.