SELECTED CASE LAW
ALBERTA:
2012 ABPC 24 is a case involving “upskirt” photos. Mr. R worked as an airport employee. While wearing his uniform and airport identity card, Mr. R crouched down next to the victim, who was standing near the baggage carousel. The victim and her fiancé stated that they thought Mr. R was “working on something” nearby. In fact, Mr. R was using his iPhone to take a photo-graph under the victim’s skirt.
Mr. R pleaded guilty to voyeurism. The Crown proceeded summarily and sought a six-month prison sentence. Crown and defence counsel disagreed over whether, as an airport employee, Mr. R was in a position of trust in relation to the victim. The court held that Mr. R was not in a position of trust because he did not have a relationship with the parties and did not use his persuasive power or influence to render the victim vulnerable. Ultimately, the court found that Mr. R’s actions were impulsive and foolish, but not brazen, and held that the gravity of the offence was on the “mid-to-lower end of the spectrum.”[1] Mr. R received a suspended sentence and 15-months’ probation, 100 hours of community service, and was ordered not to possess or use any device capable of capturing visual recordings. The court could not order the forfeiture of the phone because the Crown proceeded summarily. However, the court could, and did, order that the images on the phone be deleted.
[1] 2012 ABPC 24 at para 43.
Criminal Offence(s): Voyeurism