SELECTED CASE LAW
ONTARIO:
In 2014 ONCA 69, Mr. N was convicted of voyeurism and extortion after using his iPhone to record his sexual partner while she was coming out of the shower. On appeal, MN’s counsel argued that the word “surreptitiously” includes a mens rea element, and asserted that the trial judge was equivocal about whether Mr. N intended to record the victim without her knowledge. The Ontario Court of Appeal dismissed Mr. N’s appeal[1] and his attempt to appeal to the Supreme Court of Canada was unsuccessful.
Also see: [2015] SCCA no 278 (Leave to appeal).
[1] 2015 CarswellOnt 13002.
Criminal Offence(s): Extortion