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Showing posts with the label Voyeurism

Voyeurism: Secret Recordings and Expectation of Privacy

To come within the offence  of voyeurism (section 162 of the Criminal Code ), the impugned observation or recording must be done surreptitiously. Also, the person who is observed or recorded must be in circumstances that give rise to a reasonable expectation of privacy.  In R. v. Jarvis , 2017 ONCA 778 the Court of Appeal for Ontario, applying principles of statutory interpretation [FN], held that for the purposes of the voyeurism offence the reasonable expectation of privacy of the person being secretly stared at or videoed does not include a reasonable expectation that she/he not be surreptitiously recorded or observed. If the fact that they are being surreptitiously recorded without their consent for a sexual purpose were enough to give rise to a reasonable expectation of privacy, that would make the privacy requirement redundant (at para. 108). Given Huscroft J.A’s cogent dissent, I imagine that this proposition may find itself tested at the Supreme Court of Canad...

Voyeurism: Does the Victim Need to be Naked?

No.  The offence of voyeurism (section 162 of the Criminal Code ) was enacted in 2005 to address public concerns with the rapid advent of technology that could be used to spy on people surreptitiously for sexual purposes. “For a sexual purpose” Subsection (b) of the offence specifically makes it an offence to surreptitiously observe or surreptitiously visually record a person who is nude. Subsection (c) requires only that the surreptitious observation or surreptitious recording be “done for a sexual purpose”. Because observing or visually recording for a sexual purpose is a separate offence, it is clear that the voyeurism offence can be committed where the victims are not naked, but where the focus of the observation or videos is on sexual organs or where there are other indicia that the intent of the accused is for a sexual purpose. R. v. Jarvis , 2017 ONCA 778, at para. 44; for more on what constitutes “for a sexual purpose” see R. v. Sharpe , 2001 SCC 2, [20...