SELECTED CASE LAW

ONTARIO:

[2011] 102 WCB (2d) 169

In [2011] 102 WCB (2d) 169, Mr. R, a 52-year-old man, pleaded guilty to voyeurism. He hid several mini video cameras that recorded female friends, trusted associates and family changing clothing, using the bathroom and engaging in “personal intimacies” over a five-year period. The court noted that his efforts were planned, deliberate and took a “great deal of effort” and “stand high on the serious end of the spectrum of facts for an offence of voyeurism.”[1] Further, he manipulated some of the recorded images by superimposing the images on other pornographic videos he downloaded on the Internet. Victims were severely impacted by his actions, the court noted:

Those victim impact statements speak to the long-lasting damage he has done to those he victimized and to their families. His victims have had the unimaginable embarrassment of being contacted by the police to view scenes captured by the defendant while they were in private, carrying on such activities as changing their clothes, using the washroom, staying over as a houseguest and engaging in personal intimacies. The complainants feel betrayed by a man they liked and trusted. Some have lost the ability to trust others and in particular, men. Others are unable to disrobe without taking extreme protective measures for fear of being secretly photographed.[2]

He was sentenced to 18-months’ to be served in his community, 100 hours of community service, was ordered to provide a DNA sample, follow the Electronic Supervision Program, not to possess weapons, not to contact any of the victims, and was forbidden from using a recording device other than his cellphone, which he was not allowed to use as a recording device.


[1] [2011] 102 WCB (2d) 169, at para 5.
[2] [2011] 102 WCB (2d) 169 at para 3.

Criminal Offence(s): Voyeurism