SELECTED CASE LAW
In 2017 BCSC 2000, Mr. L was charged with sexual assault, sexual assault causing bodily harm, voyeurism, and administering a stupefying substance with intent to commit sexual assault. On two occasions, someone anonymously contacted the police via Crimestoppers to advise the police that Mr. L and his colleague were selling drugs and sexually assaulting underage women, filming the assaults and then storing copies of the images on a cell phone or on SD cards. The police searched the residence and seized multiple cellphones, digital cameras, computers, SD cards, rolls of film and a digital camera. Four female victims were identified and contacted by the police, others were contacted but did not want to cooperate with the investigation. One victim, Ms. SKJ, appears unconscious in some of the images and the accused was sexually touching her. A second victim, Ms. CHM, also appears unconscious while being touched sexually. A third victim, Ms. CARM appears in a video where she was engaged in sexual activity but may not have been aware that she was being filmed. Additionally, there is footage where Ms. CARM says no to being photographed in the nude. There were other photos of Ms. CARM unconscious and partially undressed. A fourth victim, Ms. KESP, was allegedly given a stupefying substance and sexually assaulted causing bodily harm. There was accompanying video and photographic evidence of this. The accused has brought several challenges related to his bail, challenges to the validity of the warrant, and Charter challenges the search and seizure of the accused, his electronic devices, and his apartment. This case has not made it to trial as of yet.
Also see: 2018 BCSC 12 (Charter challenge); 2017 BCSC 1640 (Charter Challenge); 2017 BCSC 1862 (Search and seizure); 2017 BCSC 1535 (Voir dire); 2017 BCSC 1534 (Search and seizure); 2017 BCSC 1516 (Application for direction); 2017 BCSC 1241 (Search and seizure); 2017 BCSC 1095 (Privilege); 2013 BCPC 393 (Bail)
Criminal Offence(s): Voyeurism