This article provides legal information about soliciting a prostitute charge in Toronto, Ontario. It is not intended to be used as a substitute for proper legal advice. Those looking for legal advice on soliciting a prostitute should consult a criminal lawyer. Call Daniel Brown to discuss your criminal matter at (416) 297-7200.

Frequently asked questions about communicating for the purpose of prostitution:

• Is it a crime in Canada to engage in prostitution or to obtain the sexual services of a prostitute?
• What if I wasn’t successful in my attempt to obtain a prostitute’s services?
• What if I was asking the prostitute how much s/he charged out of curiosity and NOT with the intention to solicit their services as a prostitute?
• Can I be found guilty if I tried soliciting an undercover officer who wasn’t actually a prostitute?
• Must there be a monetary transaction for the offence of communicating for the purpose of prostitution to be completed?
• What will happen to me at court if I am charged with this offence?
• What type of program must I attend (assuming I am eligible) and how is eligibility for the diversion program determined?
• If I am eligible for and complete the diversion program, will I have a criminal record?
• What if I am not eligible for the diversion program?
• What are the possible penalties for communicating for the purpose of prostitution?
• What are the consequences of a soliciting a prostitute conviction?

Is it a crime in Canada to engage in prostitution or to obtain the sexual services of a prostitute?

Yes. Either stopping or attempting to stop a person in order to communicate for the purpose of prostitution or alternatively, communicating or attempting to communicate for the purpose of prostitution will be sufficient to ground a conviction for the offence. This means that both the prostitute and the person seeking the prostitute’s services can be found guilty of this offence.

What if I wasn’t successful in my attempt to obtain a prostitute’s services?

It is not necessary to be successful in one’s attempt to communicate for the purpose of prostitution. Merely attempting to communicate with a prostitute is sufficient to be convicted of the offence.

What if I was asking the prostitute how much s/he charged out of curiosity and NOT with the intention to solicit their services as a prostitute?

The Crown must prove as a fact that it was the intention of the accused person to solicit services for the purpose of prostitution. The accused must be “serious”. S/he must mean what s/he says and be willing and ready to carry out the transaction. Simply being curious or joking is permitted under the legislation and is not evidence of the required intention to communicate for the purpose of prostitution.

Can I be found guilty if I tried soliciting an undercover officer who wasn’t actually a prostitute?

The act of solicitation does not only apply to prostitutes, but to all people. Therefore, one can be found guilty of the offence of prostitution even if the person they were attempting to solicit to have sexual activity was an undercover officer.

Must there be a monetary transaction for the offence of communicating for the purpose of prostitution to be completed?

No. Money does not have to be tendered for the offence of communicating for the purpose of prostitution to be complete. All that is required is an intention to engage in the sexual act. Discussion of money and the ability to pay are only some of the factors the court will consider when determining whether a person actually had the intention to communicate for the purpose of prostitution.

What will happen to me at court if I am charged with this offence?

In some cases, a first time offender may be eligible to participate in a counseling program, which, if successfully completed will result in a withdrawal of the charge by the Crown attorney. These types of programs are often referred to as “diversion” programs as they are created to divert accused persons out of the justice system without criminal records.

What type of program must I attend (assuming I am eligible) and how is eligibility for the diversion program determined?

The diversion program an accused person is required to attend before their charge of communication for the purpose of prostitution is withdrawn is usually a one-day session, which discusses the risks associated with this type of criminal behavior. The program itself costs several hundred dollars (approximately $500 depending on the courthouse). Typically, those who do not have prior criminal records or related arrests will be eligible for this diversion program. Eligibility is determined by the Crown Attorney’s office- usually with the assistance of a criminal defence lawyer acting on the accused person’s behalf.

If I am eligible for and complete the diversion program, will I have a criminal record?

No. This type of counseling program was created to ensure that if an accused person successfully completes the program they would not have a criminal record of any kind.

What if I am not eligible for the diversion program?

At this stage, an accused person will have to decide based on the evidence whether or not they wish to take the case to trial or plead guilty.

What are the possible penalties for communicating for the purpose of prostitution?

An accused person may be given a range of sentence starting with a discharge (not considered a criminal record) all the way up to two years in jail depending on the seriousness of the offence, the criminal record of the accused person and a number of different factors the judge will consider at the time of sentencing.

What are the consequences of a soliciting a prostitute conviction?

The consequences arising from a soliciting a prostitute conviction can include:

• job loss
• fines, probation, and possible of imprisonment
• problems with immigration, permanent residence, and citizenship applications
• being deemed ineligible for certain professions, jobs, and opportunities
• being denied entry into the United States or other countries
• living with the social stigma of a criminal record
• risk of the conviction being reported publicly in the media
• obtaining a criminal record that will be stored and accessible in the national CPIC database

For individuals without criminal histories, the effect of a prostitution conviction on their livelihood, freedom, and future opportunities in life can be tremendous.

If you or someone you know is charged with communication for the purpose of prostitution, you should immediately contact a criminal lawyer to determine your best defence to this type of criminal charge. Daniel Brown can be reached for a consultation about your case at (416) 297-7200.

The Moment Everything Changes

Being accused of sexual assault turns your world upside down. The shock, fear, and uncertainty can be paralyzing — and in that state, instinct leads to devastating mistakes. The first hours and days after an accusation are often the most consequential. What you do, and what you don't do, shapes the entire trajectory of your defence.

This article is not a substitute for legal advice about your specific situation. Think of it as a briefing from a defence lawyer's perspective — a strategic guide covering seven steps you need to take immediately. Your freedom, your reputation, and your future are at stake.

At Daniel Brown Law, our Toronto criminal defence lawyers are recognized nationally for trial and appellate excellence. Daniel Brown is certified by the Law Society of Ontario as a Specialist in Criminal Law. We act immediately, protect clients at bail, and build evidence-driven defences in sexual offence prosecutions.

 

1) Exercise Your Right to Silence — Completely and Without Exception

The first step is absolute: say nothing to police about the allegations. When stopped or arrested, you must provide your name and date of birth. Beyond that, stay silent. This is not just a right — it is your most powerful protection.

The "Innocence" Myth

Many accused, particularly those who are innocent, feel the urge to explain themselves. The thinking is understandable: If I just tell them the truth, this will be cleared up. It won't. Under the stress of an interrogation, memory falters. You may get a date wrong, misremember a sequence of events, or leave out a detail that seems minor. When the Crown later compares your statement against other evidence, those innocent mistakes get framed as deliberate lies, damaging your credibility before a judge or jury.

How Statements Can Backfire

A "statement" is not just a formal recorded interview. It includes any communication you have with police while in custody — casual small talk included. Officers are trained to elicit information informally. Everything you say can be documented and used against you.

Exculpatory statements carry risk, not protection. If you deny the allegation, your lawyer generally cannot use that denial as evidence of innocence at trial — but the Crown can use it against you. Any inconsistency between what you told police and what you later testify to will be used to attack your credibility. If the statement contains details that turn out to be wrong, even on minor points, the Crown will argue it shows an attempt to mislead.

You hand the Crown your playbook. Describing your version of events or disclosing a potential defence before trial lets the prosecution prepare specifically to dismantle it — finding witnesses to contradict your account and tailoring their strategy accordingly.

Complete silence is generally more effective than repeating "on the advice of counsel, I remain silent." It is uncomfortable, but it is your best shield.

Action: Politely state that you wish to speak to a lawyer and will not answer questions. Then call us: (416) 297-7200.

 

2) Preserve, Don't Purge — Your Digital Life Is Critical Evidence

After an accusation, the instinct to delete all traces of the complainant is understandable. Don't. Your digital records are a vital source of potential defence evidence, and one of the first things a defence lawyer will do is secure them.

What to Preserve

• Voicemails
• Text messages (SMS, iMessage, WhatsApp, etc.)
• Emails
• Call records from your phone provider
• Social media conversations (Facebook Messenger, Instagram DMs, Snapchat, etc.) between you and the complainant
• Any relevant posts or communications between the complainant and others that you have access to or knowledge of

Why This Matters

These records can demonstrate the nature and tone of your relationship, show a pattern of consensual communication, or contain statements that contradict the allegation. Erasing them is like destroying evidence that could prove your innocence. Forensic recovery of deleted data is possible but not guaranteed — some material is gone for good once deleted.

Public profiles on Facebook, X, and Instagram can also yield evidence. Lawyers know where to look and how to preserve it in a format admissible at trial.

Action: Stop posting about the case. Back up all devices. Forward materials to your lawyer through secure channels.

 

3) Hire a Specialist Criminal Defence Lawyer — Immediately

The Law Society's designation of "certified specialist in criminal law" is not a marketing label. It is earned through years of focused practice, rigorous peer review, and demonstrated expertise.

Defending a sexual assault allegation requires command of a technically demanding body of law, including:

• The precise mental element (mens rea) for sexual offences
• Search and seizure rules and Charter remedies
• Publication ban applications
• Special protections for witnesses
• The technical rules for accessing private records and prior sexual history evidence

Many criminal lawyers lack the depth needed to use these rules effectively. A specialist lives in this area of law. They know the legislation, the current appellate jurisprudence, and the strategies that actually work.

Action: Speak to our sexual assault defence team now. See our Sexual Assault Defence page and our Appeals practice.

 

4) Understand That "Consent" Has a Strict Legal Definition

In most sexual assault cases, the central issue is consent. The legal definition under Canadian law is often quite different from everyday understanding, and the entire case can turn on whether the Crown proves — beyond a reasonable doubt — the absence of consent as the law defines it.

Under Canadian law, consent is the voluntary agreement of the complainant to engage in the specific sexual activity in question.

Key Principles

Consent is subjective. What matters is what was actually in the complainant's mind at the time the activity occurred — not what a reasonable person might have inferred, and not what the accused believed. The complainant's internal state governs.

There is no implied consent. Silence, passivity, or ambiguous conduct does not mean yes. Consent must be active and affirmative.

Incapacity eliminates consent. A person cannot legally consent if unconscious or so intoxicated that they lack capacity to understand and agree to the activity. Prior consent given while sober ends once capacity is lost.

The "reasonable steps" requirement is strict. An honest but mistaken belief in consent is not a defence unless the accused took reasonable steps to confirm the complainant was consenting. Assumptions and misread signals are not enough. The onus is on whoever is initiating activity to ensure ongoing, affirmative agreement.

 

5) Build a Defence with Evidence — Not Just Your Word

Sexual assault cases are not simply credibility contests where a judge decides who to believe. A serious defence goes well beyond denial. It uses advanced legal tools to gather and present evidence that creates reasonable doubt.

Advanced Legal Tools

Accessing private records. A complainant's private records — diaries, counselling notes, messages to others — can sometimes contain material relevant to the defence. Getting access requires a formal court application under s. 278.92 of the Criminal Code (a Mills application). It is a complex, multi-stage process with strict tests. Done well, it can uncover evidence the Crown doesn't want the defence to have.

Challenging the complainant's narrative. Section 276 of the Criminal Code restricts evidence of a complainant's sexual history. However, in specific, legally defined circumstances — such as providing an alternative explanation for physical evidence rather than attacking character — a skilled lawyer can bring an application to introduce it. This is among the most technically demanding applications in criminal practice.

Expert evidence. A toxicologist can explain how alcohol affects memory and behaviour, challenging the Crown's theory of impairment. A psychologist may provide evidence on memory reliability, particularly in cases where a complainant's account emerged or changed over time. Expert testimony educates the court and can directly undermine the prosecution's theory.

 

6) Prepare for a Complex, Lengthy Process

Defending a sexual assault charge is a long process. Setting realistic expectations from the start is essential.

A typical case moves through: initial arrest and bail hearing; disclosure — your lawyer receives and analyzes the Crown's evidence; consideration of a preliminary inquiry (available only in limited cases after 2019 Criminal Code amendments, with ongoing uncertainty about eligibility); pre-trial motions, including applications to exclude evidence or access records; and finally, a trial that may run for days or weeks.

The eligibility rules for a preliminary inquiry are now so technical that the Ontario and Quebec Courts of Appeal have issued conflicting rulings on the matter — another reason a specialist is essential. Patience, resilience, and expert guidance are not optional.

 

7) Know That "Credibility" Is Not the Same as "Reliability"

When a judge assesses a witness, it is not a gut decision about believability. The law distinguishes between two distinct concepts.

Credibility is about honesty — whether a witness is trying to tell the truth. Reliability is about accuracy — whether their memory is correct. A witness can be entirely honest but still be wrong. A strong defence often focuses on reliability, pointing to inconsistencies or objective facts that suggest the complainant's account is mistaken — without accusing them of lying.

Myths and Stereotypes

Canadian courts are legally required to avoid outdated myths about how a sexual assault victim "should" behave. An experienced defence lawyer will object to any reasoning that relies on them. Common myths the law prohibits:

• That a genuine victim will always fight back
• That delay in reporting means the allegation is likely false
• That a victim will always avoid their abuser afterward

Trauma responses vary widely. Courts have accepted that not fighting back, delayed reporting, and ongoing contact with an abuser are all consistent with an authentic account. A defence lawyer's role is to ensure the case is decided on evidence, not assumptions.

One further point: character evidence — a good reputation for honesty — has limited value in sexual assault cases that occur in private, because public reputation may say nothing about private conduct. Knowing this going in allows your lawyer to manage strategy and expectations accordingly.

 

Why Hire Daniel Brown Law for a Sexual Assault Defence

• Deep specialization in sexual offence trials and appeals
• Award-winning reputation in criminal defence and appellate advocacy
• Proven results at every stage, from bail to trial
• Recognized appellate strength in complex cases

Appeals practice

Sexual Assault Defence (overview)

 

An Accusation Is Not a Conviction

Facing a sexual assault allegation is one of the most serious experiences a person can go through. The legal, personal, and financial stakes are substantial. But in Canada, the Crown bears the burden of proving guilt beyond a reasonable doubt — and the presumption of innocence holds from the moment charges are laid.

The seven steps here — silence, evidence preservation, retaining a specialist, understanding the law, building an evidence-driven defence, preparing for the long process, and understanding how credibility is assessed — are your immediate priorities. Experienced counsel changes outcomes. Acting without it, or with a lawyer who lacks this specialization, carries real risk.

Do not speak to police before you speak to us. Contact our team for immediate, confidential advice.

Phone: (416) 297-7200
Office: Daniel Brown Law, 400–103 Church St., Toronto, ON M5C 2G3

 

Sexual Assault Charges in Ontario — Frequently Asked Questions

Should I speak to police if I'm innocent?

No. Other than giving your name and date of birth, stay silent until you have legal advice. Even innocent mistakes can later be used to challenge your credibility.

What evidence should I preserve after an accusation?

Save voicemails, text messages, emails, call logs, and social media messages with the complainant. Do not delete anything; early preservation can be vital to your defence.

What is the legal definition of consent in Canada?

Consent is the complainant's voluntary agreement to the sexual activity. Silence or passivity is not consent. Incapacity due to unconsciousness or significant intoxication eliminates consent.

Can I contact the complainant?

No. Contact is typically prohibited by bail conditions and may damage your case. Speak to your lawyer immediately about any communication concerns.

How long do sexual assault cases take in Ontario?

Timelines vary, but expect months to more than a year, including disclosure, pre-trial motions, and trial. A specialist lawyer can help move the case efficiently while protecting your rights.

Do I need a specialist sexual assault lawyer?

Yes. Sexual offence law is technically complex. A specialist understands consent law, evidentiary restrictions, Charter applications, and the strategic use of expert evidence.

What are possible outcomes?

Outcomes include withdrawal or stay of charges, acquittal after trial, or resolution on agreed terms depending on the facts. Your lawyer will advise on the best strategy for your case.

Explore firm updates and case insights on our Legal Commentary hub.

 

Related Resources

• Sexual Assault Defence (overview)
• Bail Hearings
• Criminal Appeals
• Our Team
• Contact
• Legal Commentary

How to Defend Allegations of Publishing an Intimate Image Without Consent

Since 2015, publishing an intimate image of someone else without their permission is a crime in Canada. Section 162.1 of the Criminal Code captures all ways in which intimate images may be shared, including through physical delivery, social networking, email, or other means by publishing, distributing, transmitting, selling, making available or advertising an intimate image of another person knowing that the person depicted in the image did not give their consent to that conduct.

Allegations of publishing intimate images can have serious consequences, including criminal charges and the possibility of imprisonment.

The Criminal Code of Canada defines the offence of publishing an intimate image in section 162.1, which states that anyone who intentionally publishes an intimate image of another person without their consent can be charged with an offence. An intimate image is defined as any visual recording of a person who is nude, partially nude, or engaged in sexual activity, where the person depicted had a reasonable expectation of privacy at the time the image was taken.

Our lawyers have defended allegations of publishing or distributing an intimate image in all corners of the province and often appear in courts across the GTA in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.

Our firm is repeatedly recognized as one of the country's best criminal defence law firms — named among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, and ranked by Best Lawyers among the nation's leading criminal defence and appellate law firms. We are one of only a handful of Canadian criminal defence firms honoured by The Globe and Mail as one of Canada's Best Law Firms for 2026, and we are frequent winners in the Toronto Star Readers' Choice Awards for Best Law Firm and Best Legal Services.

Daniel Brown, Lead Counsel, is the author of Prosecuting and Defending Sexual Offence Cases, a widely cited textbook relied upon by judges, prosecutors, and defence lawyers across Canada. Designated as a certified criminal law specialist, Daniel has successfully defended clients facing intimate image charges across Ontario. Learn more about Daniel's text.

Frequently Asked Questions about Publishing An Intimate Image Without Consent:

What types of images will be considered intimate images?

Is the crime more serious when the person depicted in the intimate image is under 18 years of age?

What if the person depicted in the image was recorded while exposing themselves in public?

What types of images will be considered intimate images?

What defences are available for transmitting an intimate image without consent?

What types of sentences are available for transmitting an intimate image without consent?

What types of images will be considered intimate images?

An "intimate image" does not include photos that are simply embarrassing or unflattering. The term "intimate images" is intended to refer to images that relate to the core of a person's privacy interest. These images often depict explicit sexual activity or nudity or partial nudity that is captured on film or video consensually. An "intimate image" is defined as a visual recording of a person made by any means including a photographic, film or video recording, in which the person engaged in any of the following situations:

1. the person is nude
2. the person is exposing their genital organs, anal region or breasts
3. the person is engaged in explicit sexual activity

Is the crime more serious when the person depicted in the intimate image is under 18 years of age?

In cases where the intimate image depicts a person under the age of 18 engaged in explicit sexual activity or the dominant purpose of the recording is the depiction for a sexual purpose of that person's sexual organs or anal region, the image constitutes child pornography and is captured by the Criminal Code of Canada's child pornography provisions found in section 163.1.

What if the person depicted in the image was recorded while exposing themselves in public?

At the time of the recording, the person being recorded must be in circumstances that gave rise to a reasonable expectation of privacy before the person charged with publishing the image can be convicted of the crime.

What defences are available for transmitting an intimate image without consent?

If you are facing an allegation of publishing an intimate image, there are several potential defences that may be available. One possible defence is that you did not publish the image intentionally. If you can demonstrate that you did not intend to publish the image, you may be able to avoid a conviction under the Criminal Code.

Another possible defence is that you had the consent of the person depicted in the image. If the person in the image gave you explicit consent to publish the image, you may be able to avoid a conviction under the Criminal Code. However, it is important to note that consent must be freely given and cannot be obtained through coercion or deception.

A third possible defence is that the image was not intimate or private in nature. If the image in question does not meet the legal definition of an intimate image, you may be able to avoid a conviction under the Criminal Code.

A fourth possible defence is that the conduct that forms the subject matter of the charge serves the public good and does not extend beyond what serves the public good.

A person charged can also raise the issue that the image was inadvertently shared as opposed to intentionally published or dispute that they sent the intimate photo.

It is important to note that the burden of proof is on the prosecution to prove that you intentionally published an intimate image without the consent of the person depicted. If the prosecution cannot prove these elements beyond a reasonable doubt, you may be able to successfully defend against the allegation.

A criminal defence lawyer familiar with these cases can review the evidence and advise on the strongest available defence.

What types of sentences are available for publishing an intimate image without consent?

A conviction for publishing an intimate image in Canada can result in serious consequences. The Criminal Code of Canada classifies the offence as a hybrid offence, which means that it can be prosecuted as either an indictable offence or a summary offence, depending on the severity of the offence and the discretion of the prosecutor.

If convicted on indictment, the maximum penalty is five years in prison. If prosecuted by summary conviction, the maximum penalty is 2 years in jail, a fine of up to $5,000, or both.

In addition to the possibility of imprisonment and fines, a conviction for publishing an intimate image can also have a significant impact on a person's reputation, relationships, and future employment opportunities.

A conviction may also result in a criminal record, which can have long-lasting consequences, such as difficulty finding employment, travel restrictions, and loss of certain rights and privileges.

The consequences of a conviction can vary depending on the specific circumstances of the case, the nature of the offence, and other factors.

In addition to any other punishment or condition that may be imposed by the court, someone convicted of publishing an intimate image may also be subject to an order prohibiting them from using the Internet or other digital network for life.

Will a person convicted of publishing an intimate image without consent be placed on a sexual offender registry?

Publishing an intimate image without consent is not one of the many sexual offences that can trigger a sexual offender registry order.

Related Sexual Offences

• Sexual Assault: The most common sexual offence in the Criminal Code.
• Sexual Offender Registry: Learn about registration requirements and duration.
• Criminal Harassment: Often charged alongside intimate image allegations.
• Domestic Assault: Intimate image charges frequently arise in domestic contexts.
• Bail Hearings: We handle bail hearings and detention reviews for all criminal charges.
• Criminal Appeals: Learn more about appealing a conviction or sentence.

If you or someone you know is facing an allegation of publishing an intimate image, speak with a criminal defence lawyer as soon as possible.

Contact Daniel Brown Law at (416) 297-7200 for a confidential consultation.

Voyeurism Lawyers in Toronto

Understanding Voyeurism Charges in Canada

Parliament added voyeurism as an offence to the Criminal Code of Canada in 2005 to address how new technologies can enable secret sexualized observation and recording. A conviction can severely impact your reputation, employment, and personal life and may place you on Canada's Sexual Offender Registry for at least a decade—and in some cases for life.

If you face voyeurism charges in Toronto, Brampton, Newmarket, Oshawa, Milton, or elsewhere in Ontario, contact Daniel Brown Law for a confidential consultation with a criminal defence lawyer.

Why Choose Daniel Brown Law for a Voyeurism Defence?

Our firm is repeatedly recognized as one of the country's best criminal defence law firms—named among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, and ranked by Best Lawyers among the nation's leading criminal defence and appellate law firms.

We are one of only a handful of Canadian criminal defence firms honoured by The Globe and Mail as one of Canada's Best Law Firms for 2026, and we are frequent winners in the Toronto Star Readers' Choice Awards for Best Law Firm and Best Legal Services.

Daniel Brown, Lead Counsel at Daniel Brown Law, is a recognized expert in defending voyeurism charges. His widely cited textbook, Prosecuting and Defending Sexual Offence Cases, addresses voyeurism and other sexual offences and is relied upon by judges, prosecutors, and defence lawyers across Canada. Learn more about Daniel's text.

Designated as a certified criminal law specialist, Daniel has successfully defended clients in voyeurism cases across Ontario.

Frequently Asked Questions About Voyeurism

What Is Voyeurism?

The legal definition of voyeurism under section 162(1) of the Criminal Code is precise and goes far beyond the common understanding of the term. Voyeurism is defined as secretly observing or recording a person in circumstances where they have a reasonable expectation of privacy. For a conviction, the Crown prosecutor must prove three core components beyond a reasonable doubt.

1) Secret Observation or Recording

The act must be "surreptitious," which the courts have interpreted using its ordinary dictionary meaning. This means the Crown must prove the observation or recording was done secretly, without the other person's knowledge.

2) A Reasonable Expectation of Privacy

The person being observed must have been in a situation or place where they had a reasonable expectation of privacy. This is a critical element that depends heavily on the specific facts of the case.

3) The Circumstances of the Observation

Finally, the Crown must prove the observation or recording met one of three specific conditions:

• It was done for a sexual purpose.
• The person being observed was nude, exposing their genitals or breasts, or engaged in sexual activity.
• The person was in a place where they could reasonably be expected to be in a state of undress, such as a bedroom or shower stall.

It is also an offence to print, copy, publish, distribute, circulate, sell, advertise, or make available voyeuristic recordings when you know they were obtained illegally. "Recording" includes photographs, film, or video captured by any means.

For related information, see our page on sexual assault defence.

What Is Meant by a Secret Recording?

Courts interpret "secret" or "surreptitious" by its ordinary meaning. Examples include:

• A camera concealed in a stepdaughter's bedroom
• A hidden camera in a hotel shaving bag recording a 13-year-old girl showering
• A video device placed in an office washroom wastebasket aimed at the toilet
• A co-worker secretly photographing another at an office urinal
• A person in a parked car using a zoom lens to record a child being changed

In contrast, a judge has found that openly taking photos at a nude beach with an ordinary camera did not amount to surreptitious recording; the accused was acquitted in that case.

What Locations Create a Reasonable Expectation of Privacy?

Whether a person had a "reasonable expectation of privacy" is often the central issue in a voyeurism defence. This is not a simple question; it is a legal determination based on the totality of the circumstances.

Courts consider several key factors when making this assessment, including:

• The Location: A person's expectation of privacy is much higher in a private space like a bedroom or bathroom compared to a public location like a beach.
• The Use of Technology: The use of technology to enhance an observation (e.g., a hidden camera or telephoto lens) can create a privacy violation even in a seemingly public space.
• The Person's Attributes: The personal characteristics of the individual being observed, including their age, are relevant to the analysis.

Importantly, the law recognizes that a person can be in a place where they can be reasonably expected to be undressed, such as a changing room. In such a location, the legal requirement for a reasonable expectation of privacy can be met, even if the person was not actually undressed at the specific moment of observation.

Examples of locations where a reasonable expectation of privacy has been found include:

• A men's urinal while in use at the workplace
• The bathroom of a private home
• A women's shower area in a gym or pool facility
• An office washroom with a hidden camera positioned to capture private use

However, courts have ruled that locations such as nude-optional public beaches, high-school classrooms, or shared change rooms may not attract a reasonable expectation of privacy in certain circumstances.

Your Intent (and Their Perception) Both Matter

A voyeurism charge involves two distinct mental elements, known in law as mens rea. Both must be proven by the Crown.

The Intent to Observe in Secret

To secure a conviction, the Crown must prove the observation was deliberately concealed. It is not enough to prove the observation was merely intentional; the Crown must prove you specifically intended for it to be secret.

The Purpose of the Observation

When the "sexual purpose" of the observation is a key element of the charge, the court applies an objective test. The question is not what was subjectively in your mind at the time, but rather how a "reasonable observer" would perceive the act. A court will look at the recording or observation in its full context and ask whether it would be reasonably perceived as being for the purpose of sexual stimulation. This objective standard is a challenging legal hurdle and a critical area where an expert defence is essential.

What Defences Are Available to Voyeurism?

Several defences may apply:

• Public good: The observation served the public interest and did not extend beyond what was necessary.
• No surreptitious recording: The recording was not made secretly.
• No expectation of privacy: The complainant was in a location where privacy could not reasonably be expected.
• No sexual purpose: The content or context did not involve exposure of sexual organs or sexual activity and was not for sexual gratification.

Every case is fact-specific. An experienced Toronto criminal lawyer must review the evidence to build the best defence.

What Is the Sentence for Voyeurism?

A conviction for voyeurism carries severe and long-lasting penalties that can impact every area of your life.

Voyeurism is a "hybrid offence," which means the Crown can choose how to proceed. If they proceed by summary conviction, the maximum penalty is imprisonment for two years less one day. If they proceed by indictment, the maximum penalty is five years in prison.

There is no mandatory minimum sentence for voyeurism. Courts consider the seriousness of the offence, prior criminal record, and aggravating factors such as breaches of trust or use of hidden technology when arriving at a fit sentence.

Will a Person Convicted of Voyeurism Be Placed on the Sexual Offender Registry?

Yes. A voyeurism conviction triggers a hearing for inclusion on Canada's Sexual Offender Registry:

• Summary conviction: At least 10 years on the registry
• Indictable conviction: At least 20 years on the registry
• Multiple convictions: Lifetime registration

Learn more about Canada's Sexual Offender Registry.

Technology and Voyeurism

Smartphones, miniaturized cameras, and drones have increased voyeurism allegations. Courts treat recordings captured by new technology with the same seriousness as traditional surreptitious methods.

Collateral Consequences of a Conviction

Beyond imprisonment and registry placement, a conviction can impact:

• Employment opportunities
• Immigration status and admissibility
• International travel, particularly to the U.S.
• Personal and family relationships

Overlapping Offences

Voyeurism charges often appear alongside other allegations such as mischief, criminal harassment, or child pornography offences. Skilled defence requires addressing all charges together.

Charter Rights and Voyeurism Investigations

Police often seize electronic devices during voyeurism investigations. Defence counsel may challenge unlawful searches or seizures under the Canadian Charter of Rights and Freedoms, potentially excluding evidence.

What You Do Next Is Crucial for Your Defence

A voyeurism charge is serious, but it is also defensible. The initial steps you take after being arrested or learning of an investigation are absolutely critical to the outcome of your case.

Your Right to Remain Silent

You have the right to remain silent, and you must exercise it. Any communication you have with police while in custody—from a formal interview to casual small talk—can be considered a statement and used against you at trial. Politely but firmly asserting your right to silence is the single most important thing you can do to protect yourself.

Preserving Evidence

Your instinct may be to delete all past contact with the complainant, but this is a mistake. It is vital that you preserve all potential evidence, including voicemails, text messages, emails, and social media conversations. This digital evidence can be critical for building your defence and demonstrating the full context of the situation.

Defending a voyeurism charge demands deep knowledge of the law. Daniel Brown is a Certified Specialist in Criminal Law and the co-author of Prosecuting and Defending Sexual Offence Cases, the leading textbook used by judges, Crown prosecutors, and defence lawyers across Canada. That expertise directly informs every voyeurism defence the firm handles.

Your Voyeurism Defence Starts Now

A voyeurism charge is legally complex and carries life-altering consequences. An effective defence depends on the legal strategy set from the outset.

If you are facing a voyeurism charge, the time to act is now. Contact Daniel Brown Law for a confidential consultation.

Contact Daniel Brown Law

Every voyeurism allegation turns on its own facts and demands an early, informed defence.

Speak with an experienced Toronto voyeurism lawyer today. Call (416) 297-7200.

Sexual Exploitation Lawyers Toronto

How to defend sexual exploitation charges

With consent, it is not illegal in Canada to have a sexual relationship with someone older than sixteen years of age, regardless of the age difference between the two parties.

An exception to this rule occurs when the sexual relationship exists between someone holding a position of trust or authority over another who is older than sixteen but younger than eighteen years of age. In such circumstances, this type of relationship may trigger the criminal charge of sexual exploitation.

The following article attempts to outline the circumstances under which a person cannot engage in sexual relations with a person who is between the ages of sixteen and eighteen years old. To learn more about defending other types of sexual offences, click here

Frequently asked questions about sexual exploitation

• What is sexual exploitation?
• How is a “young person” defined?
• What must the Crown Attorney prove in an allegation of sexual exploitation?
• How is a “position of trust” defined?
• Must the Crown also prove that the person in a position of trust exploited the young person?
• How is “touching” defined?
• How is “sexual purpose” defined?
• Can an accused be guilty of sexual exploitation if he didn’t know the young person was under eighteen years of age?
• Sentencing for Sexual Exploitation

What is sexual exploitation?

The offence of sexual exploitation is set out in s. 153 of the Criminal Code of Canada and is engaged when a person in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency

• touches (directly or indirectly) any part of the body of the young person for a sexual purpose; or
• invites, counsels or incites a young person to touch anyone for a sexual purpose.

How is a “young person” defined?

A young person includes anyone who is over sixteen years of age but under the age of eighteen years.

What must the Crown Attorney prove in an allegation of sexual exploitation?

The Crown must prove a “relationship of dependency” between the accused and the young person or that the accused person was in a “position of trust or authority” with respect to the young person. The Crown must also prove a “touching” for a “sexual purpose.

How is a “position of trust” defined?

A position of trust will be determined by giving consideration to a number of factors including (but not limited to):

• The position an accused person holds in relation to the young person. Does the relationship between them creates an obligation or responsibility?;
• Whether a duty of care is imposed on the accused in relation to the young person;
• Whether the relationship is accompanied by an authority by the dominant person over the young person;
• The positions of both the accused and the complainant in whatever relationship they may have;
• the evolution of the relationship;
• the degree of control or influence by the person over the young person;
• the age of the young person;
• the age difference between the accused and the young person;

What is important is the nature of their relationship. A position of trust creates an opportunity for an individual to persuade or influence a young person.

Must the Crown Attorney also prove that the accused person in a position of trust exploited the young person?

There exists some legal authority to suggest that the accused person must appreciate that they are in a position of trust or authority and must consciously use that position to obtain the sexual participation of the young person. There must be some indication that there was oppressive or exploiting conduct which, in context, demonstrates an abuse of the position.

How is “touching” defined?

If the accused person intends to have sexual interaction of any kind with a young person, and with that intention makes contact with the young person’s body, they have “touched” the complainant for the purposes of a sexual exploitation charge. Touching involves physical contact with any part of a person's body. The contact may be direct, for example, touching a person with a hand or other part of the body, or indirect, for example, touching a person with an object. Applying force to the complainant not required. Nor does it matter whether the young person agreed to the touching. The touching must be intentional, as opposed to accidental.

How is “sexual purpose” defined?

The touching had a sexual purpose if it was done for the accused person’s sexual gratification or for the purpose of violating the young person’s sexual integrity, including any act meant to degrade or demean the young person in a sexual way.

Can an accused be guilty of sexual exploitation if they didn’t know the young person was under eighteen years of age?

It is not a defence that the accused believed that the complainant was eighteen years of age or older at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant and honestly believed the person they were touching was at least eighteen years old.

Sentencing for sexual exploitation charges

Anyone convicted of sexual exploitation will be placed on the sexual offender registry (SOIRA) for a period of at least ten years and potentially. Where the Crown prosecutes the charge by indictment, the minimum period of time on the registry is twenty years. In some cases, a person convicted of sexual exploitation can be placed on the sexual offender registry for life.

Whether the Crown Attorney proceeds summarily or by indictment will also dictate the mandatory minimum punishment and maximum punishments for the offence.

Where the Crown Attorney proceeds summarily, the mandatory minimum punishment for sexual exploitation is 90 in jail up to a maximum of two years in jail. Where the Crown Attorney proceeds by indictment, the minimum punishment is one year in jail up to a maximum punishment of fourteen years in jail.

Since a sexual exploitation allegations can cover a wide range of behaviour – from touching someone over their clothing to full intercourse – each case must be considered individually to assess the appropriate outcome.

When a judge is deciding on a sentence for sexual exploitation, they will consider many factors, such as the offender’s criminal record and personal circumstances, and the circumstances of the case. Each case is unique.

There are also other indirect consequences of a conviction for sexual exploitation. For example, a person who is not a Canadian citizen could in some cases face deportation, or difficulty getting citizenship after a conviction. Having a criminal record with a sexual exploitation conviction can severely limit someone’s options for work, or in some cases prevent them from continuing their career at all. A criminal record for sexual exploitation can also make it difficult to travel outside of Canada, and some countries will deny entry to someone with a serious criminal record.

If you, or someone you know if facing a sexual exploitation charge, you should immediately contact a lawyer from our office to discuss the best way to successfully defend against the allegations. For a consultation, our legal team can be reached immediately at (416) 297-7200.