Voyeurism is a serious criminal offence in Canada, and one of the most consequential factors in these cases is whether the alleged victim had a reasonable expectation of privacy. This concept is what determines whether an act of observation or recording crosses the line from inappropriate to illegal. 

Below, we’ll discuss the basics of the concept of a “reasonable expectation of privacy” and the role it plays in some cases. 

Understanding Voyeurism Under Canadian Law

Section 162 of the Criminal Code defines voyeurism as secretly observing or recording someone who is in a situation where they could reasonably expect privacy. 

Examples include when they are:

• Undressed
• Using a washroom
• Engaging in sexual activity

It also applies when the recording or observation is done for a sexual purpose, or when the person being observed could reasonably expect not to be recorded or seen in that way.

What Does “Reasonable Expectation of Privacy” Really Mean?

A reasonable expectation of privacy is a legal test used by courts to determine whether the accused’s actions violated someone’s privacy rights. Importantly, i’s not just about where the person was, but about the circumstances surrounding the situation.

For example, a person changing in a fitting room, using a public restroom stall, or staying in a hotel room has a clear expectation of privacy. 

But what about a person being filmed in a public park or on a beach? Those cases are tricky.

Courts look at several factors, including:

• The location where the recording took place
• Whether the person was in a vulnerable or intimate state
• Whether consent was given or could reasonably be assumed
• Whether the recording was made for a sexual purpose

Even in public settings, the expectation of privacy may exist in situations where someone’s body or intimate areas are exposed, such as when an image is captured without consent under clothing.

The Role of Intent and Consent

Intent plays a significant role in voyeurism cases. The Crown must prove that the accused intentionally observed or recorded the person in a private context, often for a sexual purpose.

Lack of consent is another critical element. If the person did not know they were being watched or recorded, and the circumstances show they expected privacy, it strengthens the prosecution’s case.

Digital Voyeurism and Technology

Advances in technology have made voyeurism easier to commit and more difficult to detect. Hidden cameras, smartphones, and online sharing platforms have led to a rise in cases where intimate images are recorded or distributed without consent.

Courts are taking these offences seriously, especially when recordings are shared online. Sentences can include jail time, registration on the sex offender registry, and long-term restrictions on technology use.

Why Legal Advice Matters

Every voyeurism case turns on its facts. What may seem like a “public” setting to one person may still involve an expectation of privacy under the law. Proving intent, challenging the credibility of evidence, and questioning how recordings were obtained are fundamental parts of a strong defence.

If you’ve been accused of voyeurism, act quickly. Early legal representation helps preserve your rights and build a defence before charges escalate.

Call Steele Law today at 778-718-5863 for confidential advice and experienced defence representation.