Voyeurism (Sentencing Cases)

This page was last substantively updated or reviewed November 2022. (Rev. # 90338)

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Offence Wording

Voyeurism

162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;

(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

(c) the observation or recording is done for a sexual purpose.

Definition of “visual recording”

(2) In this section, “visual recording” includes a photographic, film or video recording made by any means.

Exemption

(3) Paragraphs (1)(a) [voyeurism – place where nudity expected] and (b) [voyeurism – victim is nude in private place] do not apply to a peace officer who, under the authority of a warrant issued under section 487.01 [general warrants], is carrying out any activity referred to in those paragraphs.

Printing, publication, etc., of voyeuristic recordings

(4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1) [voyeurism – forms of offence], prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

Punishment

(5) Every one who commits an offence under subsection (1) [voyeurism – forms of offence] or (4) [voyeurism – offence for distribution of materials]

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Defence

(6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.

Question of law, motives

(7) For the purposes of subsection (6) [public good defence],

(a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and

(b) the motives of an accused are irrelevant.

R.S., 1985, c. C-46, s. 162; R.S., 1985, c. 19 (3rd Supp.), s. 4; 2005, c. 32, s. 6.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Ranges

Case Name	Prv.	Crt.	Sentence	Summary
R v GSH, 2022 BCPC 197 (CanLII), per Bennett J	BC	PC	1 year imprisonment	Find summaries of case.
R v Rhodes, 2022 ONCA 705 (CanLII), per curiam	ON	CA	18 months 3 years probation	Find summaries of case.
R v PR, 2022 ONCJ 491 (CanLII), per Monahan J	ON	PC	60 day CSO	Find summaries of case.
R v RR, 2022 ONCJ 407 (CanLII), per Jones J	ON	CJ		Find summaries of case.
R v Russell, 2019 BCCA 51 (CanLII), per Stromberg-Stein JA	BC	CA	18 months imprisonment	Find summaries of case.
R v DR, 2018 QCCQ 80 (CanLII), per Trudel J	QC	PC	Conditional Discharge	Find summaries of case.
R v Dastagir, 2018 MBPC 44 (CanLII), per Martin J	MB	PC	Suspended Sentence 18 months probation	Find summaries of case.
R v McFarlane, 2018 MBCA 48 (CanLII), [2018] 9 WWR 444, per Mainella JA	MB	CA	3 months imprisonment	"the accused (then age 19) surreptitiously video recorded the victim (then age 17) undressing and showering when she was in the bathroom of his family home. He kept, but did not share, the recording. He explained his conduct resulted from his interest in pornography relating to 'peeping toms' and that he was aroused when he was in 'control.'" Find summaries of case.
R v BH, 2017 ONCJ 377 (CanLII), per Gee J	ON	PC	16 months CSO + 2 years probation	"A school vice-principal, admired in his community, had placed a camera in the ceiling of the male staff bathroom. Justice Gee performed a review of a number of cases, revealing a range from a suspended sentence to nine months’ imprisonment."[1] Find summaries of case.
R v Concepcion, 2017 BCPC 153 (CanLII), per Challenger J	BC	PC	Suspended Sentence	Find summaries of case.
R v D.W.1, 2016 ONCJ 772 (CanLII), per West J	ON	PC		Find summaries of case.
R v McDonald, 2016 QCCQ 5288 (CanLII), per Beaulieu J	QC	PC	Conditional Discharge	Find summaries of case.
R v Cyr, 2015 QCCQ 196 (CanLII), per Daoust J	QC	PC	12 months imprisonment + 12 months probation	The offender pleaded guilty to voyeurism. He owned a store and unsuccessfully tried to film an employee use the toilet. Find summaries of case.
R v Muggridge, 2015 CanLII 10931 (NL PC, per Gorman J	NL	PC	Suspended Sentence + 12 months probation	Find summaries of case.
R v Pierre, 2015 QCCQ 4512 (CanLII), per Leduc J	QC	PC	Conditional Discharge	Find summaries of case.
R v Aguas, 2015 ONSC 5732 (CanLII), per Campbell J	ON	SC	9 months imprisonment + 3 years probation	The offender was convicted of voyeurism and sexual assault. Find summaries of case.
R v White, 2015 MBPC 20 (CanLII), per Stewart J	MB	PC	2 years imprisonment	The offender plead guilty to nine counts voyeurism and nine counts making child pornography. Find summaries of case.
R v Argus, 2015 ONSC 5732 (CanLII), OJ No 4739, per Campbell J	ON	SC	14 months imprisonment	"the offender was a male nurse in an emergency ward. He took advantage of a patient who had been there to seek medical treatment. He had her disrobe and then took photographs of her naked breasts and genitals with his personal cell phone. He convinced her this was for legitimate medical purposes and to document her injuries. A search of his cell phone revealed a photograph taken of another woman, without her lawful consent, who had also been a patient at the hospital. He was convicted of both sexual assault and voyeurism, and sentenced to 14 months custody, less five months’ credit for pre-trial custody and stringent bail conditions: see para. 40. Justice Campbell found that the accused breached a position of trust. He had no prior criminal record." Find summaries of case.
R v Berry, 2015 BCCA 210 (CanLII), per Savage JA	BC	CA	9 months imprisonment	The offender was convicted of sexual assault and two counts of voyeurism. "Mr. Berry had an unrelated record and was considered a low to moderate risk to reoffend, but the offences involved a breach of trust." Find summaries of case.
R v RB, 2014 ONCA 840 (CanLII)	ON	CA	6 months (voyeurism)	"the appellant was convicted of a number of child pornography offences and one count of voyeurism. He hid a video camera in his 13 year old niece’s bedroom and filmed her as she changed. On that count, he received a sentence of six months’ custody. The Court of Appeal upheld the sentencing decision and commented that consecutive sentences were appropriate as the offences engaged different legally protected interests: see para. 7." Find summaries of case.
R v Bosomworth, 2014 BCPC 311 (CanLII), per Dhillon J	BC	PC	Suspended Sentence	The offender pleaded guilty to voyeurism. He was found to be surreptitiously recording persons in the restroom of a small restaurant that he owned. He filmed 6 people. The defence sought a discharge. Find summaries of case.
R v GM, 2014 MBPC 57 (CanLII), 125 WCB (2d) 430, per Lemaistre J	MB	PC	The offender plead to offences of voyeurism, invitation to sexual touching, making child pornography, and harassment. Find summaries of case. || {{{5}}}
R v Dekker, 2014 ABPC 61 (CanLII), per Redman J	AB	PC	9 months CSO	The offender pleaded guilty to voyeurism. He filmed approximately 80 people in four public washrooms and his home washroom. He captured 80 people, including men, women and children. There were 77 video clips for a total of 251 minutes of footage. He had a positive PSR and was considered "low risk". -- "An analysis of the images depicted on the videos revealed 77 video clips and a total of 251 minutes of video." Find summaries of case.
R v Schledermann, 2014 ONSC 674 (CanLII), per Kelly J	ON	SC	4 years imprisonment (each count)	The offender pleaded guilty to child pornography offences and voyeurism. He had 22,000+ images and 580+ videos of child pornography. Some pictures were of his step-grand daughter. The offender had 2 years, 4 months and 17 days on remand. He was 71 years old. Find summaries of case.
R v Truong, 2013 ABCA 373 (CanLII), per curiam (2:1)	AB	CA	4 months imprisonment (voyeurism) 12 months (global)	The offender pleaded guilty to voyeurism in addition to other offences. The recording captured a sexual assault. The sex assault was not considered an aggravating factor. Find summaries of case.
R v Brandt, 2013 MBPC 39 (CanLII), per Lee Ann Martin J	MB	PC	18 months CSO	The offender pleaded guilty to voyeurism. He was obsessed with the victim and spied on her at work including while she was in the shower. He videotaped her twice while showering. The videos were discovered by his wife. He was 41 years old and married. He had no criminal record. Find summaries of case.
R v MSA, 2013 ABPC 66 (CanLII), per Redman J	AB	PC	5 months imprisonment w/ 2 years probation	The offender twice videotaped his 15-year-old stepdaughter in her bedroom while she undressed. He was in a position of trust. Find summaries of case.
R v Rocha, 2012 ABPC 24 (CanLII), per Groves J	AB	PC	Suspended Sentence	Offender was fueler for airplanes at an airport. He took pictures up the skirt of a female passenger while she was standing at the baggage carousel. Find summaries of case.
R v Pan, 2012 ABPC 203 (CanLII), per Wheatley J	AB	PC	Conditional Discharge	"The accused was caught videotaping a sexual encounter between his roommate and his roommate’s girlfriend. The Crown proceeded summarily. The court found that the circumstances of that particular offence were at the low end of the spectrum of voyeurism offences."
R v Keough, 2011 ABQB 312 (CanLII), per Manderscheid J	AB	SC	9 months imprisonment (voyeurism) 3 months imprisonment (copying)	Offender recorded sexual activity between 18 year old couple without consent. Find summaries of case.
R v D, MD, 2011 NWTTC 20 (CanLII), {{{4}}}, per Gorin J	NWT	SC	3 years imprisonment	Find summaries of case.
R c GC, 2011 QCCQ 13551 (CanLII), per Lamontagne J	QC	PC	55 months and 23 days	Offender set up a camera to film school yard as well as washroom. Also found to be making videos of him sexually abusing his granddaughter whom he was babysitting. The offender was 72 years old. Also made 161 Order for 20 years. Find summaries of case.
R v Gagné, 2011 QCCQ 6888 (CanLII), per Champoux J	QC	PC	3 years imprisonment (voyeurism) 40 months imprisonment (global)	Offender put a hidden camera in a public washroom. Sold video on the internet of young girl urinating. Was also found in possession of child pornography. Find summaries of case.
R v Desilva, 2011 ONCJ 133 (CanLII), per Robertson J	ON	PC	7 months imprisonment + 2 years probation	offender made videos of sexual activity between him and partner without consent. Offender posted videos on facebook, and sent links of video to friends. convicted at trial of voyeurism and criminal harassment. Prior record with violence. Find summaries of case.
R v FG, 2011 CanLII 13633 (NLPC), 308 Nfld & PEIR 59, per Hyslop ACJ	NL	PC	3 months CSO + 3 years probation	The offender secretly installed a video camera in 17 year old daughter’s bedroom, huge violation of privacy, recorded full frontal nudity, breach of trust, no record. "At all material times the accused was the stepfather of the complainant who was at the time of the offence a minor and was 17 years old. At the time of the offence, he was home alone with the young person who was in the shower. While the young person was in the shower, he entered her bedroom and installed a video recorder which was aimed toward the bed. The camera was installed in her closet in such a way that it offered a considerable view of the bed and vanity area. According to the account given by counsel for the accused, there had been some discipline problems in the house where the complainant had been alone in the bedroom with a boyfriend and the accused wanted to spy on her to see the extent of what was going on in the home when he was absent. In this case, the camera was set up for a long term recording." Find summaries of case.
R v Mahabir, 2010 ONCJ 347 (CanLII), per De Filippis J	ON	PC	Suspended Sentence	The offender was convicted of voyeurism. He videotaped consensual sexual activity between and his ex-finance in a hotel room. Find summaries of case.
R v JHN, 2010 BCPC 155 (CanLII), per Rodgers J	BC	PC	Suspended Sentence	attended residence of two teenage girls repeatedly and watched them undress multiple times. No record, positive psych report. -- "A 32 year old accused with no prior criminal record repeatedly watched two young girls, aged 15 and 18, while they were at home, over a period of five months. On one occasion he trespassed on their property and climbed onto the roof." Find summaries of case.
R v RHC, 2010 BCPC 475 (CanLII), per Dossa J	BC	PC	Conditional Discharge	"The accused videotaped his 13 year old granddaughter. In that case, the accused had been sexually abused as a teenager. He had undergone counseling and was determined to be a very low risk for sexual recidivism. He had no criminal record and had begun counseling to address his behaviour." Find summaries of case.
R v SM, 2010 ONCJ 347 (CanLII), per De Filippis J	ON	PC	Suspended Sentence + 18 mo	The offender secretly videotaped consensual explicit sexual activity at a hotel room of ex-girlfriend. Hewas mature, well‑educated and successful. He had no prior criminal record. Offence required planning. Find summaries of case.
R v Laskaris, 2008 BCPC 130 (CanLII), per Gill J	BC	PC	Conditional Discharge + 1 years probation	The offender was a dentist who placed cameras in women’s washroom to monitor for theft from office, was in a position of trust, no record. Find summaries of case.
R v Grice, 2008 ONCJ 476 (CanLII), per Pugsley J	ON	PC	Suspended Sentence + 18 months probation	The offender videotaped estranged wife showering through the bathroom window. guilty plea, no prior record. Find summaries of case.
R v Weinheimer, 2007 ABPC 349 (CanLII), per Fradsham J	AB	PC	Suspended Sentence	offender secretly photographed 15 men at the urinal at his work. Images were stored on a computer with details on personal information including "names, birthdates, addresses, insurance account numbers and notes regarding the genitals of the victims on his computer". No evidence of distribution, positive psych report. Find summaries of case.