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Voyeurism

Most people do not understand the seriousness of a voyeurism charge. In fact, they may not know that they could be charge with a criminal offence. For example, cottage owners were charged with criminal voyeurism when they had cameras installed in the bedroom of their cottage as a safety net in case the persons they rented the cottage caused damage.

What is voyeurism?

Voyeurism is a Criminal Code offence.

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.