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Samuelson-Glushko
Canadian Internet Policy & Public Interest Clinic Clinique d'intérêt public et de politique d'internet du Canada Samuelson-Glushko ![]() |
CIPPIC has filed its factum [1] in R v Jarvis, SCC Case No 37833 [2], 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 [3] 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 [4] 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.
Links:
[1] https://cippic.ca/sites/default/files/File/37833_Factum_CIPPIC_SUITABLE_FOR_POSTING.pdf
[2] https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=37833
[3] https://www.canlii.org/en/on/onca/doc/2017/2017onca778/2017onca778.html?resultIndex=1
[4] https://commonlaw.uottawa.ca/en/people/bailey-jane