SELECTED CASE LAW
MANITOBA:
2013 MBPC 39 is a case involving workplace voyeurism. 41-year-old Mr. B became obsessed with Ms. F, his 19-year-old subordinate at work. He monitored her menstrual cycle and hoped to impregnate her. He also secretly watched and videotaped her while she showered at work. On one occasion, he put on her underpants and ejaculated into them while she was in the shower. Mr. B described these events to his pastor in 2005 and sought discrete monthly counselling with the pastor until 2011. In 2011, after Mr. B’s wife discovered voyeuristic recordings of Ms. F on the family computer, Mr. B’s pastor decided to reveal to Ms. F (who was also a member of his parish) that someone had “sinned against her.” Mr. B was subsequently charged and pleaded guilty to one count of voyeurism.
At trial, the Crown recommended a conditional sentence, while defence counsel sought a suspended sentence. Although the court noted that Mr. B’s actions were extreme, disturbing, “opportunistic and predatory,” it held that there was no breach of trust involved.[1] Mitigating factors on sentencing included the fact that Mr. B had no criminal record, sought counselling, and posed a low risk of reoffending. Mr. B received an 18-month conditional sentence, which included terms such as reporting to his supervising officer every other day and a prohibition on communicating with Ms. F or coming within 200 metres of her place of work, worship, residence or schools.
[1] Describing the impact that GB’s actions had on F, the court writes, “[F’s] life has been turned upside down as a result of these matters. It is unclear to what degree the impact to her is a result of GB’s actions, her Pastor’s inaction, or the perceived reaction of the congregation. To [F], it is irrelevant. The trusting life she led as part of the same congregation as [GB] is gone. She cannot fathom how people she believed would protect and support her could hide this offending conduct from her for so many years. If this blow was not enough, she anguished over the possibility that she might have contracted a sexually transmitted disease, or worse, borne [GB’s] child. The impact to [F] has been pervasive and life-changing. It has impacted her employment, her friendships and her relation-ships”: 2013 MBPC 39 at paras 21-23.
Criminal Offence(s): Voyeurism