Toronto’s Leading Lawyer for Voyeurism Charge Defence
Expert legal representation by Kazandji Law, specializing in defending against voyeurism charges in Toronto. Trust in our experience and dedication to safeguard your rights.
Toronto Voyeurism Lawyer
Facing voyeurism crime charges can be a tough spot, seriously risking your career and social standing. Typically, these charges are handled as summary offenses. But if the case involves recording a minor for voyeuristic or, worse, sexual reasons, then we are talking about the accusation level.
This is not just any charge; it’s a heavyweight attack on your reputation, demanding a strong defense strategy. You need a lawyer who is not just smart but an expert in this legal field.
It is like going into battle; you want the best armor and weapons, right? At Kazandji Law, we have the expertise, and we are conveniently located in Toronto.
What is voyeurism in Canada
Under the Canadian Criminal Code, section 162, if you sneakily watch or record someone in a private moment—think bathrooms or bedrooms—you are crossing into voyeurism territory.
This is not just about catching someone in the undress; it is also if the recording is for some not-so-innocent reasons.
If you have your hands on one of these scandalous recordings and are spreading it around—selling, sharing, you name it—that’s just as illegal. And by “recording,” we’re talking anything from a quick snap to a full-on video.
In a recent study, over 74% of Canadians agreed they have fewer privacy rights than in the last ten years.
What if the Accused Did Not Record the Victim in Toronto
Section 162(2) of the legal code defines a visual recording as “a photographic, film, or video recording made through any method.” Interestingly, actual recording is not a must for a voyeurism public offense.
The nature of this crime hinges on the perpetrator secretly watching someone who’s either unclothed or involved in intimate activities in a place where they would rightfully expect privacy.
Imagine neighbors Person A and Person B living side by side. From Person A’s bedroom, one can see into Person B’s bathroom. One day, as Person B steps into their shower, Person A, driven by curiosity, grabs binoculars to sneak a peek. Person B’s bathroom is their private sanctuary. In this act, Person A’s covert observation through the binoculars squarely falls under the definition of a voyeurism public offense.
The act does not need recording equipment; observing, primarily through secretive means, constitutes a violation.
Assault Cases Solved
Please email us through the form on this page for a free chat about your situation.
Disclosure in Voyeurism Cases
Disclosure in criminal cases, particularly for voyeurism offenses, is like revealing all the cards in a game. It is where the Crown lays out the evidence, ensuring the accused knows precisely what they are up against.
This is crucial for a fair fight in court.
In every criminal case, there are some usual suspects in the disclosure package. These include the accused’s past run-ins with the law, the statement from the victim (yes, they are not just a ‘complainant’), and input from any eyewitnesses.
The arresting officer might also throw in their two cents with notes or body cam footage, giving a real-life crime drama vibe.
Now, for voyeurism, the plot thickens with specific evidence like videos or photos snagged by the cops.
If the accused was caught red-handed with their phone at the scene, the police might get a golden ticket (a warrant) to search their device for more clues.
What is the Penalty for Voyeurism in Canada
Did you know that video recording someone without consent in Canada can land you in serious legal trouble? According to the Criminal Code, you could face five years behind bars if prosecutors go the indictment route.
But, if it’s a summary conviction, the punishment might be a bit lighter, like less jail time or a fine.
Now, things get dire if the case involves child pornography or, say, a sexual assault – that’s when prosecutors usually opt for indictment.
Such cases mess up job prospects or travel plans. You can try for a pardon to hide your past from future bosses, but remember, the cops and government agencies will always know what’s up.
Possible Voyeurism Defences
The following are the possible defences for voyeurism in Toronto:
No Reasonable Expectation of Privacy
In voyeurism cases, the nature depends on whether the observed person could reasonably expect privacy.
Defense strategies hang on this point: if the individual is in a setting that does not typically afford privacy, charges may not stick.
Imagine a person facing accusations for photographing women at a nudist beach. The courts eventually dropped the charges because privacy expectations do not apply in such openly public spaces.
Recordings Were not for Sexual Intentions
When someone’s up for voyeurism charges, per section 162(1)(c), it’s the Crown’s job to show they were sneakily watching or filming.
It was not like that. It could be catching someone by accident during a regular security cam check. Or what if it’s all about art, with no weird vibes intended? Let’s be honest: not everything caught on camera is for the wrong reasons.
In many cases, artistic motives or unintentional capture are valid arguments. Just because something looks fishy does not mean it is.
Breach of Charter Rights
What if the evidence against you was grabbed in a way that steps on your constitutional rights? Take this scenario – the cops sneakily found proof of voyeurism on your devices or at your place.
You can call them out! You would say, “Hey, you are messing with my section 8 Charter rights against unreasonable searches.” If you play this card right, and the court buys it, they cannot use that evidence.
Even better, if that’s all they had on you, the Crown might drop it, thinking your case is not worth the hassle.
Call Us if You are in Such Situation
Is a Voyeurism Lawyer in Toronto needed? If you are in Toronto wrapped up in a voyeurism tangle, do not hesitate to ring up Kazandji Law, a competent criminal defense attorney.
Voyeurism is a tricky field – it might start with a nosy neighbor calling the cops or someone freaking out over being recorded. Either way, you will want us, who knows the ins and outs of these cases, including the smartest defenses.
Is it a crime to be a voyeur?
Yes, voyeurism is a federal crime. It’s considered a serious offense, especially when recording or observing someone in private situations without their consent.
Is invasion of privacy a crime in Canada?
In Canada, invasion of privacy can lead to legal consequences. Provinces like British Columbia, Saskatchewan, Manitoba, and Newfoundland have privacy laws that allow for civil action in cases of privacy invasion.
Is recording someone illegally in Canada?
In Canada, recording a private conversation is legal if one of the participants consents to the recording. However, recording without any participant’s consent is illegal.
Is it illegal to share private text messages in Canada?
Yes, it can be illegal to share private text messages in Canada. The Canadian Charter of Rights and Freedoms may protect the privacy of these communications, depending on the circumstances.
Can someone take a video of you in Canada without your permission?
In Canada, there are no specific laws governing video recordings of individuals. However, consent and context matter, especially when privacy is expected.