A high school teacher was acquitted at trial of voyeurism contrary to s. 162(1)(c) of the Criminal Code after using a camera pen to surreptitiously record videos of female students focusing on their chests and cleavage.
The Crown appealed the acquittal on three grounds: whether the trial judge erred in finding no sexual purpose; whether evidence from a warrantless search should have been admitted under s. 24(2) of the Charter; and whether the students had a reasonable expectation of privacy.
The majority (Feldman and Watt JJ.A.) allowed the Crown's appeal on the sexual purpose issue but dismissed it on the privacy issue, finding that students in public areas of a school do not have a reasonable expectation of privacy.
Huscroft J.A. dissented, arguing the students did have a reasonable expectation of privacy.
The appeal was ultimately dismissed.
