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. Facing a criminal charge like voyeurism is an incredibly stressful and confusing experience. The legal system can feel overwhelming, and the potential consequences can be life-altering. The purpose of this article is to cut through the confusion and provide clear, essential information about this specific offence, grounded in expert legal knowledge. Understanding the law is the first step in building a strong legal defence.

Cover of Prosecuting and Defending Sexual Offence Cases textbook

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?

At Daniel Brown Law, we are a leading authority in defending clients against voyeurism and other sexual offence allegations across Canada. Our expertise is built on a deep, nuanced understanding of this complex area of criminal law, and our goal is to empower you with the knowledge you need to navigate the path ahead. 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. His experience ensures your defence is handled strategically and effectively.

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 complex legal determination based on the “totality of the circumstances” of each unique case.

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?

The Consequences of a Conviction Are Serious. 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, which is more serious, 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. You must understand that 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.

To navigate this complex charge, you need unparalleled legal expertise. 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. This isn’t just a credential; it’s proof that Daniel Brown Law possesses an authoritative, in-depth knowledge of the law and strategies required to build a powerful defence against these specific allegations.

Conclusion: Your Voyeurism Defence Starts Now

A voyeurism charge is legally complex and carries life-altering consequences. The law is nuanced, the stakes are high, but the right legal strategy, implemented from the very beginning, can make all the difference. Are you prepared to navigate a complex legal system where your future is on the line?

If you are facing a voyeurism charge, the time to act is now. Contact the expert team at Daniel Brown Law for a confidential consultation about your case.

Voyeurism Lawyers Toronto – How to Defend Voyeurism Charges