Yes — voyeurism is a criminal offence in Canada under s. 162 of the Criminal Code: surreptitiously observing or recording a person who has a reasonable expectation of privacy, in the circumstances the section defines. It is a hybrid offence carrying up to 5 years in prison on indictment, and a conviction can bring sex offender registration, DNA orders, and lasting employment and travel consequences. Since the Supreme Court’s decision in R v Jarvis (2019 SCC 10), the offence reaches beyond bathrooms and bedrooms: a person can retain a reasonable expectation of privacy even in public and semi-public places, which means covert recording in schools, workplaces, and streets can be criminal.
This guide explains exactly what the Crown must prove, the real penalties, how the sex offender registry actually works after Bill S-12, and the defences that succeed in voyeurism cases. If you are facing an allegation, speak to a criminal defence lawyer before giving any statement.
Key Takeaways
- Voyeurism (s. 162, Criminal Code) is a hybrid offence: up to 5 years on indictment, or 2 years less a day on summary conviction.
- The offence has three alternative branches — a sexual purpose is one of them, not a universal requirement: recording in a place where nudity or sexual activity can be expected is captured even without proof of sexual motive.
- After R v Jarvis, a reasonable expectation of privacy can exist in public and semi-public places — “I was in public” is not a complete defence.
- Sex offender registration is not automatic: since Bill S-12 (October 2023), a SOIRA order is presumptive but subject to the court’s assessment of your individual circumstances.
- Voyeurism cases are highly defensible: privacy expectation, surreptitiousness, purpose, and Charter challenges to device searches are all live battlegrounds.
- Covert recording can also engage separate offences — interception (s. 184), intimate-image distribution (s. 162.1), and criminal harassment (s. 264).
What Is Voyeurism Under Section 162?
Voyeurism is the surreptitious observation or recording of a person who has a reasonable expectation of privacy, where at least one of three conditions applies. Under s. 162(1), the observation or recording is criminal if:
- (a) Place: it happens in a place where a person can reasonably be expected to be nude, to expose intimate body parts, or to be engaged in sexual activity — bathrooms, bedrooms, change rooms — regardless of the observer’s motive;
- (b) Content: the person is nude or engaged in sexual activity, and the observation or recording is done for the purpose of observing or recording that; or
- (c) Purpose: the observation or recording is done for a sexual purpose, wherever it occurs.
This structure matters for the defence: the Crown does not always have to prove a sexual purpose — but where it relies on branch (c), it must. Typical charged conduct includes hidden cameras in bathrooms or bedrooms, covert filming of someone undressing, and “upskirt” or targeted photography in public places.
R v Jarvis: Privacy Follows the Person, Not the Place
In R v Jarvis, 2019 SCC 10, the Supreme Court held that a reasonable expectation of privacy is not erased by being in a public or semi-public place — privacy includes freedom from unwanted sexualized scrutiny. A teacher had used a pen camera to covertly record female students’ chests in classrooms and hallways; the students were clothed and in school spaces. The Court convicted, setting out a contextual list of factors courts now apply: the location; whether the conduct was observation or recording; the subject matter; awareness or consent; how the recording was made; its purpose; any governing rules or policies; the relationship between the parties; and the personal attributes of the person recorded. The practical consequence for anyone accused — or anyone recorded — is that voyeurism charges can succeed in classrooms, workplaces, beaches, and streets where the recording targets intimate areas or is made for a sexual purpose.
What the Crown Must Prove
To convict, the Crown must prove beyond a reasonable doubt that the observation or recording was surreptitious, that the person had a reasonable expectation of privacy in the circumstances, and that at least one of the three s. 162(1) branches applies.
| Element | What it means | Where cases are fought |
|---|---|---|
| Surreptitious | Covert, secret, or deliberately concealed observation or recording | Open or incidental recording is not voyeurism; intent to act covertly must be shown |
| Reasonable expectation of privacy | Assessed contextually under the Jarvis factors | Public-place cases turn entirely on this analysis |
| One of three branches | Place (nudity expected), content (nudity/sexual activity targeted), or sexual purpose | Purpose is inferred from framing, angles, device evidence, and search history |
Penalties for Voyeurism in Canada
Voyeurism is a hybrid offence: up to 5 years’ imprisonment when the Crown proceeds by indictment, or up to 2 years less a day on summary conviction. Where the case falls in that range depends on the conduct: hidden-camera operations, recordings of minors, distribution of the material, and breaches of trust (landlords, employers, family members) push cases toward indictment and custody; isolated, low-sophistication incidents are more likely to proceed summarily. Sentences also commonly include probation with device and internet conditions, DNA orders, and forfeiture of equipment.
Does Voyeurism Put You on the Sex Offender Registry?
Often, but not automatically. Since Bill S-12 came into force in October 2023, SOIRA registration is no longer mandatory for every conviction — the court considers your individual circumstances, and registration is presumptive rather than automatic for most offences. Where an order is made for voyeurism, it typically runs for 10 years. The pre-2023 language of “mandatory registration” no longer reflects the law: an offender can argue that registration would be grossly disproportionate or serve no registry purpose. How registration works — and how to get off the registry — is covered in our guide to removal from the sex offender registry in Ontario.
Defences That Work in Voyeurism Cases
Voyeurism prosecutions are contextual, and each element can be genuinely contested. The main routes:
- No reasonable expectation of privacy. Context can defeat the expectation — in R v Lebenfish, 2014 ONCJ 130, a photographer of a sunbather at a clothing-optional beach where photography was not prohibited was acquitted on this basis. Post-Jarvis, this is a fact-intensive argument, not a location rule.
- Not surreptitious. Open, visible, or incidental recording — a security camera, a group photo, an accidental capture — lacks the covert element.
- No qualifying branch. Where the Crown relies on sexual purpose, framing, duration, and device evidence cut both ways; alternative explanations (security, documentation, journalism) can raise reasonable doubt.
- Charter challenges. These cases live on phones and hard drives. Defective warrants or overbroad device searches can lead to exclusion of the recordings under s. 24(2) — often ending the prosecution.
- Identification and continuity. The Crown must connect the device, the files, and the accused; metadata and shared-device issues are real.
“Voyeurism charges are serious because they strike at both personal privacy and sexual integrity. Even acts that may appear minor can have lasting consequences. Anyone facing these allegations must secure skilled legal counsel immediately to protect their rights and achieve the best possible outcome.”
Voyeurism and Related Recording Offences
Covert recording rarely raises only one offence: the same conduct can engage interception of private communications (s. 184), non-consensual distribution of intimate images (s. 162.1) — which, since Bill C-16 (July 2026), also covers AI-generated sexual deepfakes and criminalizes threats to share an image — and criminal harassment (s. 264) where filming is persistent. The full map of what is legal and illegal to record in Canada, including the one-party consent rule and workplace recording, is in our guide to recording someone without consent in Canada.
What to Do Right Now If You Are Accused of Voyeurism
- Say nothing and request counsel. Explanations about purpose — “it was a joke,” “I wasn’t aiming at anyone” — become the Crown’s intent evidence.
- Do not unlock devices or consent to searches. The lawfulness of the device search is often the decisive issue.
- Do not delete anything. Deletion after an allegation can become an obstruction and destroy context that may support your defence.
- Avoid all contact with the complainant and stay off social media about the matter.
- Retain counsel before your first appearance. The Crown’s election (summary vs. indictment) and the early framing of the privacy analysis shape the whole case.
Contact Vilkhov Law
Voyeurism allegations combine sexual-offence stigma with technically complex digital evidence — and the early stages decide most cases. Vilkhov Law’s criminal defence team defends against these charges across Toronto, Etobicoke, Scarborough, Newmarket, Brampton, Mississauga, Barrie, Richmond Hill, Vaughan, and the GTA. Contact us for a free, confidential consultation.
Frequently Asked Questions
Is voyeurism a crime in Canada?
Yes. Under s. 162 of the Criminal Code, surreptitiously observing or recording a person with a reasonable expectation of privacy is a hybrid offence punishable by up to 5 years on indictment or 2 years less a day on summary conviction.
What is a voyeurism charge?
An allegation that you covertly observed or recorded someone with a reasonable expectation of privacy, in one of three situations: a place where nudity can be expected, targeting nudity or sexual activity, or for a sexual purpose. The Crown chooses summary or indictable prosecution based on seriousness.
What is the sentence for voyeurism in Canada?
Up to 5 years on indictment; up to 2 years less a day summarily. Aggravating features — minors, distribution, hidden-camera operations, breach of trust — push cases toward custody; isolated incidents more often result in non-custodial sentences with strict conditions.
Is being a “peeping Tom” illegal in Canada?
Yes — covertly watching someone where they expect privacy is exactly what’s. 162 criminalizes, whether or not anything is recorded. Trespass and harassment offences can apply on top.
Does a voyeurism conviction mean sex offender registration?
Often, but not automatically. Since Bill S-12 (2023), the court considers your individual circumstances; registration is presumptive, not mandatory, and a voyeurism-based order typically runs 10 years.
Can you be convicted of voyeurism if the person was clothed and in public?
Yes. After R v Jarvis, a reasonable expectation of privacy can survive in public and semi-public places — covert recording that targets intimate areas or is made for a sexual purpose can be criminal even where the person is fully clothed.
Can voyeurism charges be beaten?
They can be defended. Cases turn on privacy expectations, surreptitiousness, the qualifying branch (including sexual purpose, where alleged), and Charter challenges to device searches — all genuinely contestable and all fact-specific.
