Voyeurism Lawyers Toronto: Defending Voyeurism Charges

Yes. Voyeurism is a criminal offence under section 162 of the Criminal Code. It can be prosecuted by summary conviction or by indictment, where it carries up to 10 years in prison. Sharing, selling or publishing a recording you know was made this way is a separate offence with the same penalties.

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 or nearly nude, exposing their sexual organs, or engaged in explicit sexual activity, and the observation or recording was done for the purpose of observing or recording them in that state.
• The person was in a place where they could reasonably be expected to be in a state of undress (nude or nearly nude, exposing their sexual organs, or engaged in explicit sexual activity), 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.

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.

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 and a storage room that doubled as a shared staff change room did not attract a reasonable expectation of privacy in the circumstances of those cases. By contrast, the Supreme Court of Canada has held that students in a high-school classroom can have a reasonable expectation of privacy against being secretly recorded (R v Jarvis, 2019 SCC 10).

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.

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

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.

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, a fine of up to $5,000, or both. If they proceed by indictment, the maximum penalty is 10 years in prison. Parliament raised that maximum from five years on July 18, 2026.

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.

A discharge is available because voyeurism has no minimum sentence and its maximum is below 14 years. With a discharge, you are found guilty but no conviction is registered. Whether one is appropriate depends on the facts, your background and whether it is in your interests and not contrary to the public interest.

Not automatically. Voyeurism is a “secondary” offence under the registry law. A court can order registration only if the Crown applies for it and proves beyond a reasonable doubt that the voyeurism was committed with the intent to commit a more serious “primary” sexual offence, such as sexual assault. Where an order is made, its length depends on how the case was prosecuted:

• Summary conviction: 10 years on the registry
• Indictable conviction: 20 years on the registry
• Multiple convictions: Lifetime registration where two or more registrable offences in the same case show a pattern of behaviour, or where the person has a prior conviction for a primary sexual offence or an earlier registry order

Learn more about Canada's Sexual Offender Registry, or read our guide to how the Sex Offender Registry works.

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