SELECTED CASE LAW

Quebec:

2018 QCCA 597

In 2018 QCCA 597, the accused, a minor, discovered he could see into the basement bedroom of his 13-year-old female neighbour when her blinds were open. On three occasions he attached a cellphone to the end of a hockey stick and managed to take photographs of his neighbour when she was nude or semi-nude in her bedroom. The accused then shared 11 photos of the victim with Mr. Y, who added them to the collection of nude photographs of the females in his region. The collection of photos was shared with other individuals, one of whom recognized the victim and informed her of the photographs.

The accused was convicted on voyeurism and child pornography charges and was given a conditional sentence. On appeal, he was found guilty of the child pornography offences, for which he was given a conditional sentence, and the voyeurism charge was stayed according to the Kienapple principle.

Also see: 2017 QCCA 1143 (Appeal)

Criminal Offence(s): Voyeurism