CIPPIC Argues for Robust Privacy Protection in Voyeurism Case

| April 05, 2018

CIPPIC has filed its factum in R v Jarvis, SCC Case No 37833, an appeal involving a high school teacher charged with voyeurism under s. 162(1)(c) of the Criminal Code for using a camera pen to surreptitiously take videos of female students which focused on their chests and cleavage area. The Ontario Court of Appeal concluded that the videos were not taken in "circumstances" in which students had "a reasonable expectation of privacy", a necessary element of the offense. 

CIPPIC disagrees. We argue that the phrase, "circumstances giving rise to a reasonable expectation of privacy" must be interpreted consistently with other areas of law that see privacy as equality-enhancing, normative, contextual, and non-risk based. Our colleague Jane Bailey took the pen and makes a strong case for a robust vision of privacy - one that enhances equality and the ability to assert control over sexual and bodily integrity.