Voyeurism & Privacy Violations

Facing voyeurism and privacy offences in Alberta is severe, requiring immediate legal representation from an experienced criminal defence lawyer to protect your privacy, rights, and reputation.

Voyeurism is a criminal offence under the Criminal Code of Canada, and a conviction can have lasting consequences, including a criminal record, possible jail time, and significant personal and professional damage.

Geoff Green, a defence lawyer in Edmonton with over 25 years of experience, is prepared to defend individuals charged with voyeurism and other sexual offences, offering thorough defence strategies tailored to each case. Geoff offers free initial consultations and encourages those facing these serious charges to get in touch today.

What is Voyeurism?

Voyeurism involves surreptitiously observing or recording someone in a situation where they have a reasonable expectation of privacy, often for sexual gratification or purpose.

This offence typically occurs when the individual being watched or recorded is expected to be nude, partially clothed, or engaged in explicit sexual activity. Voyeurism is outlined under Section 162 of the Criminal Code of Canada, which defines it as an illegal act committed without the consent of the person being observed or recorded.

The key aspects of the offence include:

• The observation or recording must be done surreptitiously, meaning secretly or without permission.
• The person being watched has a reasonable expectation of privacy, such as being in a bedroom, washroom, or other private setting.
• The intent behind the act is often linked to sexual gratification.

Under Canadian law, voyeurism can involve actions such as

• using a hidden camera
• peeping through windows, or,
• secretly making a visual recording of someone with a smartphone or webcam

It’s important to note that voyeurism can occur even in semi-public spaces where privacy is reasonably expected.

Criminal Charges for Voyeurism in Edmonton

Being charged with voyeurism in Edmonton means facing both immediate legal challenges and long-term consequences if convicted.

Voyeurism is classified as a hybrid offence, meaning it can be prosecuted as either a summary offence or an indictable offence, depending on the severity of the case and the Crown prosecutor’s discretion.

A conviction can lead to penalties that range from fines and probation to lengthy prison sentences, particularly if the crime involves recording or distributing explicit material. Beyond legal penalties, those convicted may also suffer irreparable harm to their personal reputation and career, especially if the crime occurred in a workplace or public setting.

If you or someone you know has been charged with voyeurism, contacting a qualified lawyer immediately is essential to start building a defence. Call Geoff Green today for a free initial consultation.

Possible Penalties for Voyeurism in Alberta

The penalties for a voyeurism conviction in Canada vary depending on the circumstances of the case and whether the offence is prosecuted as a summary or indictable offence.

For summary offences, the  penalty is often 6 months in jail and/or a fine. For indictable offences, the sentence can extend up to five years in prison.

Some of the factors that can influence the severity of the penalty include:

• Whether the individual being observed or recorded was expected to be nude or engaged in explicit sexual activity.
• Whether the voyeurism involved making and distributing visual recordings.
• The impact of the crime on the victim’s privacy and emotional well-being.

Voyeurism cases often also result in a criminal record, affecting future employment opportunities, travel, and professional reputation. In serious cases, those convicted may face inclusion in the National Sex Offender Registry.

Defending Against a Voyeurism Charge or Privacy Offence

A strong defence strategy is essential when facing voyeurism charges, as the prosecution must prove several elements beyond a reasonable doubt.

Geoff Green’s extensive experience as a criminal defence lawyer in Edmonton equips him to challenge the Crown’s evidence and work towards the best possible outcome for his clients.

Some common defence strategies used in voyeurism cases include:

• Lack of intent: The accused must have committed the act with the intent of sexual gratification. If the observation or recording was incidental or for another reason, it could weaken the prosecution’s case.
• Reasonable expectation of privacy: The Crown must demonstrate that the person being observed or recorded had a reasonable expectation of privacy. In some cases, this expectation may be challenged, particularly if the incident occurred in a public or semi-public space.
• Mistaken identity: In cases involving hidden cameras or recording devices, proving the accused was responsible for placing or using the device can be difficult, especially when multiple individuals have access to the area in question.
• The Public Good: There is no offence if the recording/watching was for the public good

Geoff Green thoroughly reviews all the evidence, including surveillance footage, witness statements, and electronic devices, to find any weaknesses in the prosecution’s case. He also ensures that your Charter rights are upheld, protecting you from unlawful searches or violations of your right to privacy.

Privacy Rights Under Canadian Law

Privacy is a fundamental right protected under the Canadian Charter of Rights and Freedoms, and any breach of this right is taken seriously by the courts.

Voyeurism cases revolve around the concept of reasonable expectation of privacy, which refers to situations where an individual has the right to assume they will not be observed or recorded. This expectation typically applies to private spaces such as homes, bathrooms, and changing rooms.

The courts will examine several factors to determine whether the person had a reasonable expectation of privacy, including:

• The location of the observation or recording (e.g., private or public space).
• The actions of the individual at the time (e.g., undressing or engaging in sexual activity).
• The method of observation (e.g., hidden cameras or peeping).

Geoff Green recognizes the nuanced nature of voyeurism allegations and vigorously defends clients accused of such offences. He understands that many charges stem from misunderstandings, misinterpretations of intent, or overzealous prosecutions. A strong defence against voyeurism accusations often involves challenging the presumption of privacy in certain locations, questioning the reliability of witness statements, and examining the legality of evidence collection methods. Geoff works tirelessly to protect his client’s rights and reputations in the face of these sensitive and potentially damaging charges.

Victims of Voyeurism, Privacy Offences and Sexual Assault

If you have been a victim of voyeurism, it is important to understand your rights and options for seeking justice under Canadian law.

Voyeurism is not only a violation of privacy but also a form of sexual exploitation, as it often involves the use of recordings for sexual purposes without the consent of the victim. Victims may experience emotional trauma, anxiety, and long-lasting harm to their sense of security and privacy.

Victims have the right to report the incident to the police, and the Crown prosecutor will pursue charges if sufficient evidence exists. In some cases, victims may also be able to pursue civil lawsuits against the perpetrator for damages. While the criminal justice system focuses on punishing the offender, civil action can provide victims with compensation for their emotional suffering and loss of privacy.

Frequently Asked Questions about Voyeurism and Privacy Offences in Alberta

Can someone accidentally commit voyeurism under Alberta law?

Yes, voyeurism is typically an intentional act. However, in rare cases, someone could claim they unintentionally recorded or viewed someone, but this defence would not hold if the act were careless or reckless. Alberta’s laws require an expectation of privacy to be respected, meaning accidental violations could still lead to legal consequences, especially if negligence is proven.

Are drones commonly used in voyeurism cases in Alberta?

Drones have increasingly been involved in privacy-related offences, including voyeurism, as they can access private spaces like backyards or windows. Under Alberta law, using drones to film or observe individuals in places where they expect privacy, such as homes, could lead to criminal charges of voyeurism or harassment, depending on the intent.

Can a person face voyeurism charges for using hidden cameras in public places?

Generally, no. Public places have a lower expectation of privacy, so installing cameras may not amount to voyeurism. However, if the hidden camera targets areas where individuals expect privacy, like changing rooms or washrooms, this would constitute an offence under Alberta’s Criminal Code provisions.

Is it illegal to share voyeuristic material online in Alberta?

Yes, sharing or distributing voyeuristic material is a crime under both Alberta and federal law. Even if someone didn’t personally record the material, distributing it—whether through social media or other platforms—can lead to severe penalties, as it violates the privacy and dignity of the victim.

Can victims of voyeurism in Alberta seek civil remedies in addition to criminal charges?

Yes, victims of voyeurism can pursue civil actions for invasion of privacy, often under Alberta’s tort law related to the breach of privacy. In addition to any criminal proceedings, the victim may be able to sue for damages, including emotional distress, depending on the circumstances of the case.

Is voyeurism committed only through visual recordings?

No, voyeurism can also involve non-visual methods such as eavesdropping or using other devices to capture private information if a victim has a reasonable expectation of privacy and is unaware of the recording, auditory and/or visual. Alberta’s laws encompass a broad range of invasive behaviours, including auditory surveillance or using technology like thermal imaging to invade someone’s privacy.

How do privacy laws intersect with voyeurism regarding personal devices like smartphones?

In Alberta, using a smartphone to record or photograph someone without consent can lead to being charged, especially in private or intimate settings. Even casual or seemingly harmless recordings could violate privacy laws if the subject has a reasonable expectation of privacy and is unaware of being recorded.

Why Choose Geoff Green as Your Lawyer to Defend Against Charges of Voyeurism?

Geoff Green’s 25 years of experience as a criminal defence lawyer in Edmonton make him a great choice for those facing charges.

He has a track record of defending individuals against various criminal offences, including sexual offences and violations of privacy. Geoff understands the serious consequences that a voyeurism conviction can have on your life, and he is committed to providing strong legal representation tailored to your specific case.

By working closely with his clients, Geoff ensures that they understand their rights, the legal process, and their available defence options. His goal is to minimize the impact of the charges and fight for the best possible outcome, whether that’s a dismissal of charges, a reduced sentence, or a not-guilty verdict.

Geoff was also a Crown Prosecutor for 4 of the 25 actual years of practicing law. He prosecuted these charges as well as defended them.

Contact Us for a Free Consultation

If you are facing voyeurism charges or any other criminal offence, contact Geoff Green’s office in Edmonton for a free initial consultation today.

Geoff will review your case, discuss your legal options, and help you understand the next steps. This is an opportunity to speak with an experienced criminal lawyer who will advocate for your rights and provide a strong defence strategy.

Don’t wait—your future and reputation are on the line. Contact Geoff today to schedule your free consultation with one of Edmonton’s most experienced criminal defence lawyers.