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ARTICLE · 05 DECEMBER 2017

R v Jarvis: Is There A Reasonable Expectation Of Privacy In Schools?

Field Law
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In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment.

CanadaPrivacy
Field LLP
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In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment.

Background

The Respondent, a high school teacher, was surreptitiously recording female students and teachers using a camera pen. After receiving a number of reports and observing the teacher firsthand, the principal confronted the teacher and obtained the camera pen. The principal contacted the police and the teacher was arrested. Ultimately, the teacher was charged with voyeurism pursuant to section 162(1)(c) of the Criminal Code, which states:


Every one commits an offence who, surreptitiously, observes – including by mechanical or electronic means – or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if [...]

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