Voyeurism, as defined in the Criminal Code of Canada, involves the observation or
recording of another person, without their knowledge and consent, for sexual purposes.
This can occur in person or with the use of devices like video cameras. The act is
considered a crime when the person being observed has a reasonable expectation of
privacy.
A secret or “surreptitious” recording occurs when the recording is done without the
knowledge or consent of the person being recorded, and the person being observed has a
reasonable expectation of privacy. This can include hidden cameras or other means of
capturing images discreetly.
Voyeurism was incorporated into the Criminal Code of Canada in 2005 to address
concerns related to the misuse of new technologies for secretly spying on individuals for
sexual purposes. A voyeurism conviction can have severe consequences on an individual’s
reputation and employment opportunities. Offenders may be placed on Canada’s sexual
offender registry for an extended period.