SELECTED CASE LAW
MANITOBA:
In 2015 MBPC 20, Mr. W, who was employed as a clinical foster parent, pleaded guilty to nine counts of voyeurism, one count of making child pornography, one count of possessing child pornography, and one count related to carrying a spring-loaded knife. Mr. W hosted foster children for sixteen years. In November 2012, one foster child discovered a pen camera in the home. Following this report, police began an investigation and subsequently found numerous voyeuristic recordings among W’s possessions, including four videos that were considered child pornography. Mr. W set up a system that he used in his home, his cottage, his workplace, which was a foster home, and the home of a friend to surreptitiously film and photograph people who were using the bathroom facilities and shower. He made these recordings over a two-year period, and the images captured his 14-year-old daughter, her friends, various foster children, family members and colleagues. He later meticulously edited, spliced, complied, labeled and stored the images, which the court noted as an aggravating factor. The court found the facts of the case to be “appalling” and sentenced Mr. W to 3-years’ imprisonment, along with several ancillary orders including lifetime prohibitions on possession of firearms and a 20-year ban from at-tending places where persons under 16 are present, an order to provide a DNA sample, a 20-year registration on the Sexual Offender Information Registry Act, and an order to forfeit all items seized during the investigation of the offences.
Criminal Offence(s): Voyeurism