If you are faced with a charge of voyeurism in Alberta, call us today for a free consultation. We will review the facts and evidence in your case, and interview witnesses if needed. We will listen to you and ensure the best possible resolution to your case & help you avoid a criminal record where possible.
CALL: 1(587) 355-8889
What is Voyeurism?
Voyeurism is defined in the Criminal Code as secretly watching or making a video recording of a person in circumstances that warrant a reasonable expectation of privacy.
The most typical examples are:
- A person using a hidden camera to record people in public washrooms;
- A person recording a roommate in their bedroom;
- A person using a camera or cellular device to record under people’s clothing;
- Using a hole drilled in the wall to watch someone in a private room;
The elements of the offence of voyeurism are:
- Watching or recording another person or persons in secret (This includes recordings made with smartphones, Google Glasses, pinhole cameras, and spycams/ hidden cameras.);
- Observing or recording in situations where a person can be expected to be naked or involved in sexual activity;
- The recording or observation made is done for a sexual purpose.
Bail Conditions for a Charge of Voyeurism
Once bail is secured, you will likely have conditions attached. You may not be allowed to return to the geographical area where the recording was made. If the recording was made at work, this may significantly disrupt your life and ability to obtain an income.
Access to the Internet and Phone
Bail Conditions for a voyeurism charge may include restricted access to the internet, or your phone. Particularly if your phone was used in the commission of your offence, you will have conditions applied to the use of your cellular phone.
We can make a court application on your behalf to access your phone or workplace should it be necessary for you to continue earning a living. For defending a sexual offence charge such as voyeurism, you need experienced defence lawyers who are able to provide creative defence strategies.
How we Defend Your Voyeurism Case?
Andre Ouellette, Mike C. Gilchrist, Peter Hoare & Sadaf Raja will listen to your version of events & review the evidence that the Crown has against you. We have decades of experience contesting the admissibility of computer or videotape evidence in your defence. We may use several core defences to aid your case:
- Was the alleged victim actually in a situation where they had a reasonable expectation of privacy?
- Is the Prosecutor able to establish beyond a reasonable doubt that you were the person observing/ making the recording?
- What was the purpose of the recording?
- Was the recording made surreptitiously and without consent of the alleged victim?
What is the Penalty for Voyeurism in Canada?
If you are found guilty of voyeurism you may face up to five years in prison, should the Crown elect to proceed by Indictable offence. You may also be registered as a Sex Offender under the Sexual Offender Information Registration Act (SOIRA). If you are found guilty of this charge and the Crown has proceeded summarily, the maximum penalty is six months in jail or a $5,000 fine. Aggravating factors the Court considers on sentencing include if the victim is less than 18 years of age, or if the offender was in a position of trust in relation to the victim.
If you or someone you know is facing a voyeurism charge, contact Andre Ouellette, Mike C. Gilchrist, Peter Hoare & Sadaf Raja as soon as possible. Calgary Criminal Lawyers have successfully defended clients charged with either secretly observing or recording another person’s sexual activity for a sexual purpose. Our lawyers can be reached 24 hours a day by phone at 587-335-8889. We offer criminal defence guidance to all residents of Alberta & BC.