SELECTED CASE LAW
ALBERTA:
In 2013 ABCA 373, Mr. T was found guilty of unlawful confinement, three counts of common assault, assault with a weapon, and breaching a condition of a recognizance. He also pleaded guilty to voyeurism, marijuana possession, and two charges of breaching a recognizance. The voyeurism charge related to multiple videos that Mr. T made while engaged in sexual activity with his former partner. One video showed Mr. T commencing sexual activity while the victim was asleep. Although she tells him to stop, he does not. However, Mr. T was not charged with sexual assault.
The court noted that Mr. T did not distribute the videos, but did find “the fact that the Complainant’s face can be seen in the videos, there were many of them, [Mr. T] lied about making them, and they were retained for a period after the end of the relationship” all constituted aggravating factors on sentencing. Mr. T received 4-months’ imprisonment on the voyeurism charge, and a global sentence of 12-months’ imprisonment followed by 2-years’ probation. His sentence was upheld on appeal.[1]
Also see: 2012 ABQB 661 (Sentencing); 2012 ABQB 182 (Charter challenge); 2012 ABQB 181 (Trial)
[1] 2013 ABCA 373.
Criminal Offence(s): Voyeurism