Voyeurism Lawyer Toronto | Sexual Offence Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Voyeurism is an offence under section 162 of the Criminal Code. It criminalizes secretly observing or recording a person in circumstances that give rise to a reasonable expectation of privacy, in three defined situations. Most modern cases involve phones, hidden cameras, and recovered digital files, which makes them forensic cases as much as anything: who created the files, when, on what device, and whether the circumstances actually gave rise to a reasonable expectation of privacy are the questions that decide them.

What is voyeurism under Canadian law?

The Crown must prove that the accused surreptitiously observed or recorded a person in circumstances giving rise to a reasonable expectation of privacy, and that the case falls within one of three branches:

The person was in a place where a person can reasonably be expected to be nude, to expose intimate parts of their body, or to be engaged in explicit sexual activity, such as a bathroom, bedroom, or changeroom.
The person was nude, exposing intimate parts, or engaged in explicit sexual activity, and the observation or recording was done for the purpose of observing or recording a person in such a state.
The observation or recording was done for a sexual purpose, whatever the location.

In R v Jarvis, the Supreme Court held that the reasonable expectation of privacy is assessed contextually: people can retain privacy expectations against being recorded even in public and semi-public places, and a teacher secretly recording students at school was convicted on that basis. Distributing a voyeuristic recording is a separate offence under section 162(4), and where images are shared without consent the distinct offence dealt with on our distributing an intimate image page may also be charged.

Penalties for voyeurism in Ontario

Voyeurism is a hybrid offence with a maximum penalty of 5 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. There is no mandatory minimum. Sentences in Ontario range from discharges and probation for isolated incidents through to jail where the conduct was prolonged, targeted vulnerable people, involved hidden cameras in private spaces, or included distribution.

The ancillary consequences can outlast the sentence. Voyeurism is a designated offence for sex offender registration, so registration can follow a conviction, along with DNA orders, forfeiture of the devices used, and, for non-citizens, immigration consequences. Allegations in workplaces, schools, and residences also trigger professional and civil fallout that runs parallel to the criminal case. Related allegations of touching are addressed on our sexual assault page.

Possible defences to a voyeurism charge

Depending on the evidence, defences may include:

No reasonable expectation of privacy: the contextual Jarvis analysis cuts both ways, and openly visible conduct in circumstances without a privacy expectation is not voyeurism.
No surreptitious observation or recording: recording that was open, known, or consented to does not meet the element.
No sexual purpose: for the branch that depends on purpose, the reason for the observation or recording is contested on all the evidence.
Attribution: whether the accused, as opposed to another user of a shared device or space, created or possessed the files, proven through forensic metadata and account evidence.
Charter issues: these prosecutions rest on searches of phones, computers, and cloud accounts, and defective warrants or overbroad searches can lead to exclusion of the central evidence.
Continuity and integrity of digital evidence.

Frequently asked questions

What is a reasonable expectation of privacy?

It depends on the whole context: the location, the type of observation or recording, the technology used, and the relationship between the people involved. The Supreme Court has held privacy expectations can exist even in public and semi-public places.

Can I be charged for recording in a public place?

Potentially, yes. If the recording was surreptitious, targeted a person's body, and was done for a sexual purpose, the offence can be made out even in public, depending on the circumstances.

What are the penalties for voyeurism?

Up to 5 years in prison by indictment or 2 years less a day on summary conviction, with no mandatory minimum. Outcomes range from discharges to jail depending on the conduct.

Will I be on the sex offender registry?

Voyeurism is a designated offence, so registration can follow a conviction. Whether it does depends on how the case proceeds and resolves, which is one reason early legal advice matters.

The files were on a shared computer. How does that affect the case?

Attribution is a real issue. The Crown must prove who created or possessed the recordings, and forensic evidence about accounts, timestamps, and device use is where that fight happens.

Is sharing a voyeuristic recording a separate crime?

Yes. Distributing such a recording is its own offence, and sharing intimate images without consent is another distinct offence. Charges are often laid in combination.

Charged with voyeurism? Contact us