In R v Jarvis, the Supreme Court of Canada unanimously
decided that a person still has a reasonable expectation of privacy
even when being observed or visually recorded in a public place.[1] The decision
concerned a high school teacher who was charged with the offence of
voyeurism under the Criminal Code. But, it could have
far-reaching implications outside the criminal realm. A majority of
the Supreme Court created a framework by which individuals,
including employees, can potentially assert their privacy rights
against others, including co-workers and employers, when in public
areas.
Section 162(1)(c) of the Criminal Code prohibits a
person from surreptitiously observing or visually recording another
person who is "in circumstances that give rise to a reasonable
expectation of privacy" if the observation or recording is for
a sexual purpose. The teacher accused in this case made video
recordings of female students using a camera concealed inside a
pen. The videos
