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Donich Law is a criminal law firm based out of Toronto. We have devoted a large portion of our practice to defending those charged with sexual offences and represent clients charged with these offences in throughout Ontario, including the Windsor Region. We have experience defending individuals accused of sexual assault, voyeurism, sexual interference, child luring, invitation to sexual touching and child pornography offences. Voyeurism is a serious sex offence in Windsor, a person charged with voyeurism can request publication ban to protect the integrity of the case and certain portions of evidence.
In 2020, the Firm represented an individual charged with 2 counts of possession of child pornography and 2 counts of voyeurism in R. v. A.B. . The Firm obtained a copy of the forensic image taken of the accused’s electronic devices and used that to prove that the accused did not create the alleged child pornography material. It is common for individuals creating voyeuristic content involving children to also be charged with a child pornography offence. After 2 years of litigation, the firm was able to secure the withdrawal of the charges.
In 2020, the Firm represented an individual charged with voyeurism after allegedly secretly filming women on the Go Train in R. v. O.C. . After a year of litigation, the Firm resolved the case without a criminal record for the accused.
In 2019, the Firm represented an individual charged with voyeurism after allegedly using his smartphone to secretly record women in a dollar store in R. v. I.B. . The Firm litigated the file for a year before resolving without a criminal record for the accused.
In 2018, the Firm represented an individual charged with voyeurism after allegedly recording women at a large event in Toronto in R. v. R.J. . The firm ultimately resolved the file without a criminal record for the client.
In 2017, the Firm represented an individual charged with making child pornography and voyeurism at the bail phase in R. v. C.N. . The accused was alleged to have secretly recorded underage family members in the bathroom. After running the bail hearing the Firm secured the accused’s judicial interim release.
In 2015, the Firm represented an individual charged with voyeurism after attempting to solicit nude photos of women online in R. v. J.R. . The accused was alleged to have posed as a Toronto strip club owner in an attempt to get women to send him nude photos. The Firm ultimately secured a withdrawal of the charge.
For more information on how to defend voyeurism charges or how to get voyeurism charges dropped click on these links. Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.
Toronto Star: Pornhub and Revenge Porn.
Toronto Star: New Corporate Liability for Child Pornography in Canada.
Toronto Star: Police Power and Social Media Companies.
Global News: Can an airline tell you to stop recording and delete a cellphone video?
Métro Montréal: Avec le temps chaud, il n’y a pas que le mercure qui grimpe: le nombre de cas de voyeurisme aussi.
CityNews: As the temperatures outside get warmer, police say the reported number of cases of voyeurism tend to rise.
VICE News: An Image Site is Victimizing Women and Little Can be Done.
Frequently Asked Questions
What will Happen if I am Charged with Voyeurism in Windsor?
What if I Recorded someone in a Public Place?
Sentencing for Voyeurism in Windsor
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
What will Happen if I am Charged with Voyeurism in Windsor?
If you have been accused of, or charged with, voyeurism in Windsor it is important to know your rights and to know what to expect. If you have already been arrested and charged with voyeurism it is likely that the police seized your electronic devices as part of their investigation.
When investigating voyeurism charges, police will often take a forensic copy of the accused’s electronic devices which they will then thoroughly search for evidence. Any evidence collected will be passed along to the Crown for prosecution purposes. This evidence will then be provided to the accused through what is known as disclosure. The Crown has a legal obligation to turn over all evidence they collect to the accused.
Once you have received full disclosure you will have a full understanding of the case against you. If you are unexperienced with the law and the criminal justice system, it is important to hire a lawyer to represent you. Your lawyer will review your disclosure to identify any weaknesses in the Crown’s case. These weaknesses can then be exploited in your defence.
Having an experienced lawyer on your team will help ensure your rights are protected. It will also help ensure you have advanced all possible defences to ensure the best outcome. Donich Law has experience defending individuals charged with voyeurism in jurisdictions all over Ontario and regularly resolve files without a criminal record for our clients.
What if I Recorded someone in a Public Place?
In 2019, the Supreme Court of Canada heard the case of R. v. Jarvis. The case involved an Ontario high school teacher accused of using a spy pen to secretly record the chests of 27 students over a roughly 1-year period.
In the landmark decision, the Supreme Court convicted Mr. Jarvis of voyeurism and he was ultimately sentenced to 6 months in jail. The Court found that student’s do not give up their right to privacy inside their school even if the school has security cameras. The Court found unanimously that people can have a reasonable expectation of privacy, even in public places.
In practice, this means that an individual can be guilty of voyeurism for surreptitiously recording another individual, even in a public place. For example, students have the right not to be secretly recorded by their peers or teachers while in school, even when they are going about their everyday activities.
In the decision, Chief Justice Wagner provided a list of nine factors that courts should take into consideration when determining whether an individual has a reasonable expectation of privacy. The factors include:
- The location of the complainant when they were observed or recorded by the accused
- Whether the accused observed or recorded the complainant
- Whether the complainant was aware of or provided their consent to be observed or recorded
- The manner in which the accused recorded or observed the complainant
- The content of the observation or recording
- Any rules, regulations or policies that governed the recording or observation
- The relationship between the complainant and accused
- The purpose for which the accused observed or recorded the complainant
- The personal characteristics of the complainant.
Chief Justice Wagner emphasized that this list is not exhaustive and that courts should consider any and all other relevant aggravating and mitigating factors on a case-by-case basis.
Sentencing for Voyeurism Offences in Windsor
The offence of voyeurism was added to the Criminal Code in 2005 in response to increased access to technology. Since that time, the vast majority of individuals convicted of the offence have been sentenced to something other than a period of incarceration.
When determining the appropriate sentence for an individual convicted of voyeurism, the courts in Windsor will look at the facts of the case, the harm done to the complainant, the history and background of the accused including any relevant mental health issues and other relevant factors.
Those convicted of voyeurism offences in Windsor and across Canada are routinely sentenced to probation or granted a conditional or absolute discharge. In more minor cases, individuals with voyeurism charges may be offered a peace bond. For many years, these sentencing options have been seen as satisfactory for almost all individuals convicted of voyeurism in Canada.
While most individuals convicted of voyeurism are not sentenced to jail, that does not mean the court will not impose a jail sentence on an individual. In the case outlined above, R. v. Jarvis, the accused who was ultimately convicted by the Supreme Court, was sentenced to 6 months in prison for his crimes. The maximum penalty that may be imposed on an individual convicted of voyeurism is five years in prison.
Will I go to jail for Voyeurism in Windsor?
It is unlikely. In the majority of cases, those convicted of voyeurism in Windsor will be sentenced to probation, granted an absolute or conditional discharge or a peace bond. Jail sentences are generally reserved for the most serious of cases.
What if I Filmed someone in Public?
In a 2019 decision, the Supreme Court of Canada indicated that an individual may be guilty of voyeurism for surreptitiously recording another person in a public place. The court stated that there can be a reasonable expectation of privacy even in a public space.
What if the Recordings were not for a Sexual Purpose?
An individual may be guilty of voyeurism even if the recording was not done for a sexual purpose, if the accused recorded someone in a circumstance that gives rise to a reasonable expectation of privacy.
Is Voyeurism a Sexual Offence?
Voyeurism can be a sexual offence if the accused has observed or recorded another individual for a sexual purpose in a circumstance that gives rise to a reasonable expectation of privacy.
What is the Maximum Sentence for Voyeurism in Windsor?
The maximum penalty outlined in the Criminal Code for those convicted of voyeurism is five years in prison.
What if I Surreptitiously Recorded a Child?
Those who have been caught surreptitiously observing or recording individuals under the age of eighteen could be charged with voyeurism in addition to a child pornography offence. An individual who records a child for a sexual purpose may be charged with making child pornography as well as possession of child pornography.
What if I was unaware the Individual I Observed or Recorded was a Child?
If an individual has been charged with voyeurism and a child pornography offence for surreptitiously observing or recording an individual under the age of 18, they may be found guilty of both offences even if they were unaware the individual was under the age of 18.