SELECTED CASE LAW

BRITISH COLUMBIA:

2014 BCPC 361

In 2014 BCPC 361, the offender, Mr. P, hid a camera in a bookstore washroom in order to monitor that washroom from his smartphone. Less than an hour later, a store employee found the camera and called the police. Seven women used the washroom and were secretly filmed in that time. Upon arrest, Mr. P gave a brief statement and blamed his conduct on the Internet:

He had, according to the information provided to the court, for many months prior, been observing adult pornography on the Internet. His interest focused on what could be described as voyeurism pornography; in other words, observing people on the Internet who either were unaware that they were being photographed in various sexual activities or, alternatively, were actors acting like they were unaware of being filmed. That observation of pornography led [Mr. P] to investigate and eventually obtain the necessary camera equipment.[1]

The Court rejected this assertion, and held instead that P’s actions were planned and deliberate. P was ultimately given a 4-month conditional sentence followed by 20-months probation, with conditions. Some conditions of Mr. P’s probation included not having internet at home, not possessing pornography, and attending therapy or a sex-offender treatment program.


[1] 2014 BCPC 361 at para 9.

 

Criminal Offence(s): Voyeurism