CRIMINAL CODE OFFENCES – Sexual offences, public morals, disorderly conduct and nuisances – Voyeurism

Law360 Canada (March 10, 2023, 12:46 PM EST) -- Appeal by the Crown from an order of the British Columbia Court of Appeal setting aside the accused’s convictions for voyeurism for surreptitiously taking photos of 2 boys, between 12 and 14 years old, in their underwear in hockey arena dressing rooms and ordering a new trial. The trial judge held the Crown proved the four elements of the voyeurism offence under s.162(1)(a) of the Criminal Code beyond a reasonable doubt. As to the fourth element, in a place in which a person could reasonably be expected to be nude, the trial judge interpreted s.162(1)(a) as having no implicit temporal component. She found individuals of various ages changed their underwear or showered in dressing rooms and thus could reasonably be expected to be nude in them. The Court of Appeal ruled the trial judge failed to consider whether nudity was reasonably expected at the time the offences allegedly occurred. It stated s.162(1)(a) was intended to apply to persons who expected to observe or record nudity or sexual activity....
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