Voyeurism Lawyers Toronto – How to Defend Voyeurism Charges

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 tailored advice from an experienced criminal defence lawyer.

Why Choose Daniel Brown Law for a Voyeurism Defence?

Daniel Brown, Lead Counsel at Daniel Brown Law, is a recognized expert in defending sexual offence allegations, including voyeurism. 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. His experience ensures your defence is handled strategically and effectively.

Frequently Asked Questions About Voyeurism

What Is Voyeurism?

Section 162 of the Criminal Code of Canada defines voyeurism as secretly observing or recording a person in circumstances where they have a reasonable expectation of privacy. The observation or recording must involve at least one of the following:

• Exposure (or expected exposure) of genitals or breasts
• Sexual activity
• Other circumstances indicating the act was for a sexual purpose

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?

Courts assess all the circumstances to decide whether a location attracts a reasonable expectation of privacy. Examples 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.

How Do Courts Determine “Sexual Purpose”?

Judges evaluate whether a recording was made for a sexual purpose objectively—that is, whether a reasonable observer would view the recording as intended to cause sexual stimulation, regardless of the accused’s personal state of mind.

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?

Voyeurism is a hybrid offence:

• If prosecuted by indictment, the maximum sentence is five years’ imprisonment.
• If prosecuted summarily, the maximum is 24 months’ imprisonment.

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

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.