SELECTED CASE LAW

ONTARIO:

2015 ONCJ 449

In 2015 ONCJ 449, the accused was charged with voyeurism, mischief, and criminal harassment after capturing images of a woman’s buttocks while she was wearing a bikini on a public beach. Mr. T took videos of many women, zooming his camera lens to a three to four foot vantage point, and hiding the camera in a rolled up beach towel. The complainant, Ms. S, reported that T had done the same thing twice a few years earlier in the same part of the beach. There was no evidence that he ever posted the videos online.

T was ultimately found guilty of mischief and sentenced to seven days in prison and two years probation.[1] The voyeurism charge against T was dismissed because the Crown could not prove that the images were taken for a sexual purpose. The Court wrote that the photos could have been taken for an aesthetic purpose. The criminal harassment charge was also dismissed because it was not clear that the victim feared for her safety. In assessing Ms. S’s fear, the Court referenced the audio recording of her 9-1-1 call to police and noted that “her voice does not sound panicked or distraught.”[2] The Court also did not find that T was “watching or besetting” Ms. S, and could not conclude that he knew, or was reckless to the fact that he was harassing women on the beach.[3]


[1] 2015 ONCJ 741 at paras 8-9.
[2] 2015 ONCJ 741 at para 39.
[3] 2015 ONCJ 449 at paras 41-42.

 

Criminal Offence(s): Criminal Harasment