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ARTICLE · 31 OCTOBER 2019

Surreptitious Recordings Offend A Student's Right To Privacy At School

Miller Thomson
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The teacher in question taught at a high school in London, Ontario.

CanadaPrivacy

In R v Jarvis, the Supreme Court of Canada convicted a high school teacher of voyeurism after finding that students had a reasonable expectation of privacy while at school.

The teacher in question taught at a high school in London, Ontario. Unbeknownst to his students, he recorded them during ordinary school activities using a hidden camera concealed in a pen. Almost all of these videos focused on the faces and breasts of female students, and the vast majority of them featured students wearing low-cut or close-fitting tops. The teacher's conduct was expressly prohibited by school board policy.

He was charged with voyeurism under s. 162(1) of the Criminal Code on the basis that he surreptitiously recorded the students in circumstances that gave rise to a reasonable expectation of privacy, and because the recordings were done for sexual purposes.

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