SELECTED CASE LAW

ONTARIO:

2017 ONSC 3904

In 2017 ONSC 3904, Mr. G, a public school teacher, pleaded guilty to 16 counts of voyeurism, and was charged with two counts of making and possessing child pornography in relation to some of the voyeuristic images. Mr. G had placed a backpack with a hidden camera in a staff change room at the school. It was positioned to capture the genital and buttocks area of the person in the change room, who were typically staff members. Mr. G hired a 16-year-old co-op student, Ms. JT, who was also captured changing in the change room. In regard to the child pornography charges, the court held that a fleeting view of the side of the girls’ breasts and vagina did not constitute child pornography, but that the buttocks did meet the definition of “anal region” and was the dominant characteristic of video. Mr. G pleaded guilty to voyeurism and was found guilty on the counts of making and possessing child pornography.

Criminal Offence(s): Voyeurism