What Should I Do With Joint Social Media, Email and Phone Plans After Separating in Ontario?
Change the passwords and settings on accounts that are yours, but be careful about logging in to your ex's accounts. Fraudulently and without colour of right getting into a computer system or service, which can include an ex's email or social media accounts, is an offence under Criminal Code s. 342.1(1), carrying up to 10 years' imprisonment when prosecuted by indictment. It can also be prosecuted summarily.
Recording is a separate issue. Knowingly intercepting a private communication by a device is an offence with up to five years on indictment, but it is not an offence for a person who has the consent, express or implied, of the person who sent the communication or its intended recipient; a participant recording their own conversation falls into that exception. Keep screenshots of threatening messages as evidence.
If an ex threatens to share an intimate image or video of you without consent, damage your property or hurt you, a peace bond may help; it can be in place for up to one year and can be renewed. For shared phone plans and joint accounts, the terms depend on the provider and your agreement, so ask a lawyer before cancelling anything.
Key takeaways
- Fraudulently and without colour of right getting into a computer system, which can include an ex's email or social media accounts, is an offence carrying up to 10 years' imprisonment on indictment.
- It is not an offence to record a conversation you take part in, because a participant recording their own conversation falls within the consent exception.
- A peace bond can be in place for up to one year and can be renewed if fear continues.
- A family restraining order is available if you were married to or lived with the person for any period of time, or have a child with them.