Law360 Canada ( October 30, 2017, 9:19 AM EDT) -- Appeal by the Crown from the acquittal of the accused, Jarvis, of voyeurism. The accused was a high school teacher who used a camera pen to surreptitiously take videos of multiple female students and one female teacher while conversing with them in school. The videos included the subjects' faces, but primarily focused on their chest and cleavage area. The videos ranged in duration from six seconds to two and one-half minutes. The principal received a complaint regarding the accused's suspected activity. The principal subsequently observed the accused talking to two students while holding a pen emitting a red light. The principal directed the accused to turn over the pen and in turn provided it to police. Police reviewed three videos on the pen without a warrant. Based on that review, a warrant was obtained to search the remainder of the pen's storage device. At trial, the accused established a breach of his s. 8 Charter rights arising from the initial cursory search of the pen's storage device based upon his reasonable expectation of privacy in the pen's contents. The trial judge ruled that the evidence was nonetheless admissible pursuant to s. 24(2) of the Charter. The accused was acquitted on the basis that the Crown failed to establish beyond a reasonable doubt that the videos were taken for a sexual purpose. The Crown appealed....