Voyeurism means secretly watching or recording someone in a place where they expect privacy. A charge is serious, but we have built our firm on defending individuals in difficult situations.
We can support you with:
- 40+ combined years of criminal defence experience.
- 24/7 availability for urgent calls after an arrest or police contact.
- A track record of 75+ 5-star Google reviews.
We’ve represented hundreds of clients across Victoria and the Capital Regional District since 2021. Our team, led by Julia Hunter, won the Consumer Choice Award for Best Criminal Defence Firm in Victoria.
Criminal defence is all we do. You have our full attention.
Accused of voyeurism? What next?
Taking these steps as soon as you’re aware of an investigation can protect you:
- Stay silent. Politely decline to answer questions or explain your side of the story. Anything you say can be used against you. Speak with a lawyer first.
- Do not delete or hand over devices. Deleting files can lead to separate obstruction charges. Unlocking a phone for the police without a warrant can weaken your defence later.
- Call our office before your first court date. We can often speak with the Crown Prosecutor early to discuss diversion or bail conditions.
Pre-charge legal advice can help prevent you from worsening your position. We can start work immediately to limit the consequences for you.
Contact us for a free, no-obligation consultation.
What counts as voyeurism in Canada?
Section 162 of the Criminal Code covers voyeurism. It happens when someone secretly watches or records another person who has a reasonable expectation of privacy.
This can include:
- Watching someone in a place where they’d expect to be nude or intimate.
- Recording them for a sexual purpose, even in a public place.
The offence is broader than most people expect.
It can cover:
- A hidden camera in a bathroom or changing room.
- Secretly filming a partner or roommate.
- ‘Upskirting’ in a public space.
This table breaks down the main voyeurism-related offences:
| SECTION | OFFENCE | WHAT IT COVERS |
|---|---|---|
| 162(1) | Voyeurism | Secretly observing or recording a person with a reasonable expectation of privacy. |
| 162(4) | Distribution | Printing, copying, publishing, or sharing a recording obtained through voyeurism. |
| 162.1 | Non-consensual distribution | Sharing intimate images without the subject's consent. |
| 342.1 | Unauthorized use of a computer | Accessing a device or webcam without permission to record someone. |
Understanding which section applies to your situation shapes the defence strategy. This is one of the first things we review with you.
What happens if you’re convicted of voyeurism?
Voyeurism is a hybrid offence.
That means the Crown can proceed in one of two ways:
- By indictment. This carries a maximum sentence of five years in prison.
- By summary conviction. This carries a lighter maximum penalty of two years less a day.
A conviction can also bring consequences that go well beyond a sentence:
- Registration on the National Sex Offender Registry under the Sex Offender Information Registration Act. Orders, if made, are typically for 10 years, 20 years, or life.
- A permanent criminal record. This can restrict travel to the United States and other countries.
- Employment barriers. You may not be eligible for roles in healthcare, education, or childcare.
- Device forfeiture. The police can keep and destroy phones, cameras, or hard drives used in the offence.
How can we help you with a voyeurism charge?
Most voyeurism cases in Greater Victoria follow a similar path, though every case has its own timeline. We support you at each step along the way.
Meeting early, either at our Courtney Street office or remotely, lets us map out our strategy for your specific situation.
Arrest and release
Police may release you with conditions, such as no contact with the complainant, or hold you for a bail hearing if the allegations are serious.
We’re available around the clock to speak with you or your family as soon as an arrest happens. We review any conditions imposed to make sure they are no stricter than the law requires.
Possible detention
You may be held in custody at the Vancouver Island Regional Correctional Centre on Wilkinson Road in Saanich.
We move quickly to prepare a release plan, arrange a surety if needed, and argue for your release at your bail hearing. Upon release, you will need to:
- Keep the peace.
- Report to a bail supervisor.
- Stay away from the complainant.
- Follow any other restrictions on places you can’t go or devices you can’t use.
First appearance
Most Victoria matters are first heard at the Victoria Law Courts on Burdett Avenue. We can appear on your behalf in many instances. We request disclosure from the Crown right away, so we can see the full case against you.
Crown negotiation or trial
We review the Crown’s evidence, looking for weaknesses in how the police obtained the recording or observation. We also check whether the investigators respected your Charter rights at every stage.
Julia Hunter brings insider experience from the Crown Prosecution Service. That can help when we challenge the Crown’s case against our client.
We assess whether we can prevent a conviction through one of the following resolutions:
- Diversion. You complete counselling or community service in exchange for a withdrawn charge.
- Peace bond. You agree to keep the peace and follow specific conditions for a set period. Then, the charge is withdrawn without a conviction.
- Withdrawal of charges. The Crown drops the charge outright, often after we identify weaknesses in the evidence or the investigation.
- Stay of proceedings. The Crown pauses the prosecution. The charge is withdrawn if it is not revived within the stated time limit.
- Discharge. The court finds you did commit the offence but registers no formal conviction.
If a pre-trial resolution is impossible, the matter is likely to proceed to trial at the Provincial or Supreme Court. We will build your case for trial and defend you in court.
Testimonials
Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.
J.S.
M.B.
“Very grateful for the support I received and for the outcome”
“My advice to anyone going through something similar: be honest and transparent with your lawyer. They are there to help you, but they can only do that if they have the full picture. Building that trust makes all the difference. I’m very grateful for the support I received and for the outcome. Thank you again for standing by me when it mattered most. Thanks, Julia Hunter, for all the support!”
A.E.
What are the best defences against voyeurism?
Every case turns on its specific facts. We build your defence around a detailed review of the evidence the Crown has.
Common approaches in voyeurism cases include:
- Challenging the element of privacy. The Crown must prove the alleged victim had a genuine, reasonable expectation of privacy in that specific location.
- Disputing intent or purpose. The observation or recording must be shown to be secretive and, in some circumstances, for a sexual purpose.
- Charter challenges. Unlawful searches of your phone, home, or other devices can lead to evidence being excluded entirely.
- The public good defence. Conduct that serves a public purpose and goes no further than necessary is not a criminal offence.
Frequently asked questions
Contact us for a free, no-obligation consultation.
Verified By: Julia Hunter, Criminal Defence Lawyer
Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.
