Voyeurism under Section 162 of the Criminal Code is on the rise in Canada, due partly to the widespread adoption of smartphones with ever-more powerful cameras, but you don’t need to record a person to be charged.

A voyeurism conviction can result in:

  • Imprisonment.
  • Hefty fines.
  • Placement on the sex offender registry (SOIRA).
  • Other long-term consequences.

using our experience of defending over 10,000 cases:

  • We have been recognized for 8 consecutive years by Three Best Rated®.
  • We have earned over 700 5-star awards from past clients.
  • We have won the Consumer Choice Award twice.

Our team is ready to help you navigate the confusing court processes involved.

Accused of voyeurism? Take these steps immediately

  1. Exercise your right to silence: Do not explain your side of the story to the Calgary Police Service. Anything you say will be used as direct evidence.
  2. Do not consent to device searches: If officers ask for passwords, facial recognition unlocks, or PINs to your phone/camera without a warrant, politely decline until you consult a lawyer.
  3. Preserve surrounding evidence: Safely document any receipts, witnesses, or alternative explanations for your presence at the location before memories fade.
  4. Call a voyeurism lawyer: We will immediately take steps to secure your release and prepare your defence.

Contact us for a free, no-obligation consultation.

What is voyeurism, and how can a conviction impact you?

Voyeurism under Section 162 of the Criminal Code is the secret, non-consensual observation or recording of an individual who has a reasonable expectation of privacy, often executed for a sexual purpose.

Examples of voyeurism include the following:

  • Putting a camera in a public swimming pool changing room to secretly film people getting undressed (people expect privacy in changing rooms).
  • Installing a hidden camera in a tenant’s bathroom to watch them shower (the tenant has a clear expectation of privacy in their bathroom, where nudity is expected).
  • Using a hole drilled in the wall to watch a housemate in their bedroom.
  • Using a phone to secretly take photos up a person’s skirt in a shopping mall (even though this happens in public, the victim has a reasonable expectation that private areas of their body are not viewed or recorded).

If you’re accused of any of these types of actions, a voyeurism lawyer from Strategic Criminal Defence will aim to prevent the following penalties and longer-term consequences:

CONSEQUENCE SUMMARY OF LEGAL & LIFE IMPACTS
Summary Prosecution Up to 2 years less a day in jail, up to 3 years probation, and a maximum $5,000 fine.
Indictable Prosecution Up to 5 years in a federal prison for more severe or repeat offences (e.g., where there is more than one victim).
Sex Offender Registry (SOIRA) Mandatory registration upon conviction for 10 years, 20 years, or life, depending on the sentence imposed.
Device Forfeiture Permanent police seizure and destruction of all involved phones, cameras, and hard drives.
DNA Data Bank Court orders can require a DNA sample for the national criminal database (if the court considers it in the best interests of the administration of justice to do so).
Career & Employment Permanent criminal record that blocks work in healthcare, teaching, childcare, or government.
Travel Restrictions Routine denial of entry to the United States and severe travel restrictions to the UK, Australia, and Japan.
Court-Ordered Bans Strict probation terms can ban internet use, social media, or entering public spaces like pools and parks.

Voyeurism is a hybrid offence, meaning the Crown Prosecutor can choose to treat it as an indictable offence (more serious) or a summary offence (less serious), depending on the details of the case. Your punishment will vary based on this choice.

Will you be released on bail for voyeurism?

After your arrest and charge for voyeurism, you will undergo processing at a Calgary Police Service detachment or Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2).

You may be released on an Undertaking with conditions but it’s more likely you’ll be held for a bail hearing before a justice at the Calgary Courts Centre (601 5 St SW).

A Strategic Criminal Defence lawyer will:

  • Visit you or talk to you via video link before your bail hearing to understand your case and explain the next steps.
  • Seek information that counters the Crown’s reasons for preventing your release.
  • Provide a surety, if necessary, and advocate for the least restrictive bail conditions possible.

Your bail conditions will likely include some or all of the following:

  • An order to stay away from the alleged victim (including their home, work, and any other places they go often) and not talk to them, either directly or through other people.
  • Restrictions on the use of cameras, smartphones, or computers. You are unlikely to be allowed any recording devices and may be ordered to use the internet only under supervision.
  • A stay-away order from specific places, which may include gyms, pools, or changing rooms, etc.
  • Surrendering of your passport so that you can’t travel outside Canada.
  • Regular check-in with a bail supervisor or police station.
  • House arrest or mandatory wearing of an electronic monitoring device (in more serious cases).

These conditions remain in place until the case is over, whether that happens through a trial, a guilty plea, or dropped charges.

If you fail to comply with any condition, you are committing a breach of conditions, which can lead to an additional criminal charge and jail time until your trial.

What happens after your release?

After your bail hearing and release, we will request the Crown disclosure package at your first appearance in court.

Disclosure includes the evidence collected by the CPS investigation into your actions, such as:

  • Any evidence of recordings or observations made without the complainant’s knowledge, such as hidden cameras or video footage.
  • Pictures of the scene to confirm the complainant’s right to privacy.
  • Evidence from digital devices, such as cameras, phones, computers, or storage devices.
  • Digital forensic expert evidence, e.g., deleted pictures or videos, and metadata that identifies when and where recordings were made and how files may have been shared.
  • Statements made by the complainant and the accused.
  • Police notes and reports.

We will scrutinize this evidence and begin work on preparing your defence to the charges and preventing a criminal record.

How do your Charter rights protect you when police investigate digital evidence?

Voyeurism cases almost always involve digital evidence, such as:

  • Recordings found on phones.
  • Computer data.
  • Storage devices or cloud storage.

Before police can search for this evidence, they generally need a warrant. If they search without one, or exceed what the warrant permits, we will apply to have that evidence thrown out under your Section 8 Charter right against unreasonable search and seizure.

Calgary courts have become increasingly strict about how police handle digital searches, scrutinising whether the scope of the search was justified and whether devices were seized lawfully.

Pre-charge legal advice early in the investigation can protect your rights and prevent you from saying or doing anything that worsens your position. Sometimes, we can even prevent a criminal charge.

Can we resolve the case before trial?

We may have an opportunity to discuss possible pre-trial resolutions for your voyeurism charge with the Crown Prosecutor, such as:

  • A peace bond (Section 810): No criminal charge or record in return for agreeing to keep the peace, maintain good behavior, and abide by specific conditions, such as counseling or staying away from a certain location, for up to 12 months (longer periods may apply depending on the circumstances).
  • An absolute or conditional discharge: Under Section 730 of the Criminal Code, we may be able to negotiate a discharge, which avoids a criminal conviction and potentially (but not automatically) the requirement for SOIRA registration.
  • Alternative Measures Program (AMP): This may involve counselling and/or community service in exchange for no criminal record.
  • Pleading to a lesser, non-sexual offence: The Crown agrees to drop the voyeurism charge in exchange for a guilty plea to a lesser summary offence, such as mischief (Section 430), which carries fewer long-term consequences.
  • A curtailed sentence submission: Both sides agree to suggest a lighter sentence to the judge, such as a suspended sentence with probation or a conditional sentence order (house arrest), instead of immediate incarceration.

How will we defend your voyeurism charge in court?

If the case proceeds to a trial, your legal team will seek to:

  • Present weaknesses in the Crown’s case.
  • Question key elements of the case, such as the alleged expectation of privacy or sexual intent.
  • Offer alternative explanations for your actions.
  • Present expert digital evidence that helps to show that you are not guilty.
  • Cross-examine witnesses or introduce expert witnesses to challenge digital forensics.

We will seek to show that the Crown cannot establish your guilt beyond a reasonable doubt, with the following types of arguments:

DEFENCE HOW IT WORKS
No Reasonable Expectation of Privacy The Crown must prove the complainant was in circumstances giving rise to a reasonable expectation of privacy. We challenge whether the location or context genuinely attracted such an expectation.
No Surreptitious Intent The observation or recording must have been made secretly, with the intent to avoid detection. If it was open, incidental, or accidental, this element fails.
No Sexual Purpose Under s. 162(1)(c), the Crown must prove a sexual purpose. We challenge this by presenting alternative explanations — surveillance, security, or accidental recording. Note: sexual purpose need not be proven under s. 162(1)(a) or (b).
Identity The Crown cannot prove you installed, operated, or controlled the recording device. This is particularly relevant in cases involving shared spaces, hacked devices, or multi-occupant premises.
Consent The complainant consented to being observed or recorded in the manner alleged, a narrow defence, as consent to sexual activity does not constitute consent to recording.
Charter Breach (s. 8) Evidence obtained from phones, computers, or cloud accounts without a valid warrant may be excluded under s. 24(2). Where device evidence is the Crown's entire case, a successful exclusion application can end the prosecution.
Third-Party Device Access A third party had access to the device or account used to make or store the recording, and you cannot be proven to have been the operator.

Following R v Jarvis, 2019 SCC 10, the Crown does not need to prove sexual purpose where the recording occurred in a place where nudity is expected (s. 162(1)(a)). This limits the scope of that defence in the most common voyeurism scenarios.

“Where a recording is involved, one of the key defences is an inability of the police or the prosecutor to establish the identity of the person engaged in the recording. Where there is a visual observation, the prosecutor must prove that the observation was done with the intent of seeing someone in a state of undress or for a sexual purpose, which is often very hard to do.”

Michael Oykhman, Strategic Criminal Defence

Successful voyeurism cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 55722343

Our client initially contacted us after a police officer requested a meeting with him. Before retaining our services, our client met with the officer, who informed him that he was under investigation for voyeurism, with the complainant being a previous partner.

Upon being retained, we promptly arranged a meeting with our client to conduct a comprehensive review of his situation and assess the potential legal jeopardy he faced. We listened to his account of the events and compiled a list of necessary documentation to gain a better understanding of the case. Subsequently, we obtained the contact information of the officer who had initially reached out to our client and established communication with them. By maintaining an open line of communication with the police officer and monitoring the progress of the investigation, we were able to ascertain that a search warrant had been obtained for our client’s phone, and the investigation was ongoing. Through our diligent efforts and legal expertise, we successfully navigated this situation and ultimately determined that no charges were laid against our client. As a result, our client was able to resume his life without the fear of this potential charge.

Successful Outcome: No Charges Laid, No Criminal Record

Case Number: 75710266

Our client was charged with voyeurism for allegedly placing a video camera in a unisex bathroom located at a private institution. He denied that he was the individual who had placed the video camera in the bathroom.

In reviewing the disclosure, it became apparent that the only evidence connecting our client to the video camera was a mixed DNA sample that included our client’s DNA (among other DNA contributors), and one witness who had observed our client enter the bathroom after the video camera had been discovered and removed. The matter was set for trial. At trial, we relied on scientific studies exposing the limitations of DNA evidence due to DNA transfer to cross-examine the Crown Prosecutor’s DNA evidence. Through this cross-examination, it was revealed that our client’s DNA could have been transferred to the video camera unknowingly. As a result, the Court determined that there was a reasonable doubt that our client was responsible for placing the video camera in the bathroom, and acquitted him.

Successful result: Acquitted at trial

Case Number: 551866

Our client was charged with voyeurism after he tried to make an inappropriate visual recording of a staff member at a tanning salon. The complainant alleged that after she had taken off all of her clothing in a tanning room prior to entering a tanning booth, she looked up and saw that a cellphone was being held over the wall from the adjacent tanning room. She also reported that she could tell that the phone was recording her. She yelled at a fellow staff member to bring her a robe and quickly called the police. Our client, who was holding the phone and making the recording, was then arrested and charged with Voyeurism.

Once retained, we ordered and thoroughly reviewed disclosure, and found a significant weakness in the case against our client. We were able to successfully leverage this weakness in subsequent negotiations with the Crown Prosecutor, and we were able to persuade her to withdraw the charges against our client in exchange for a charitable donation.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 2250023

Our client was charged with voyeurism after he placed a camera in the bathroom he shared with his female roommate. While in the bathroom, his roommate found the concealed camera, played it back, and found footage of our client hiding it from view. She called the police and reported the incident, and our client was then arrested and charged with voyeurism.

Upon being retained, we immediately sought disclosure and quickly went before the court to amend a term of our client’s recognizance, which precluded him from entering his own home. We then helped our client develop a comprehensive plan to address the underlying mental health issues that contributed to his criminal acts. We also ordered a pre-sentence report and sought out letters of reference and proof of counseling, which were forwarded to the Crown. The Crown was persuaded to join us in an application for a conditional discharge, and on the basis of our advocacy, we were able to successfully obtain an 18-month discharge, which allowed our client to avoid a criminal record.

Successful Outcome: Conditional Discharge, No Criminal Record

Testimonials

Dedicated voyeurism lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide voyeurism defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

You could go to jail, but not always. If the Crown decides to process it as an indictable offence, the maximum sentence is five years in prison. If it is charged as a summary offence, the maximum jail sentence is two years less a day and/or a $5,000 fine. Whether you will go to jail depends on the severity of the crime, whether you have a criminal record, how many victims were involved, how the recordings were used, and your own situation. People who break the law for the first time and have reasons that make their crime less serious may get probation or conditional sentences instead of jail time. But cases with more than one incident, sharing recordings, or especially vulnerable victims usually get harsher punishments, like jail time.

If there are problems with the evidence, like how it was collected, or if it doesn’t clearly show all the elements of the crime, the Crown prosecutor might drop the charges. In some cases, our team might be able to work out a plea bargain with the Crown to lower the charge to a less serious crime. This usually happens when the Crown’s case isn’t very strong or when there are things that make your situation less serious. If you don’t have a criminal record and the case isn’t too serious, charges might sometimes be dropped through alternative measures programs that involve counselling and/or community service.

A conviction for voyeurism will generally result in mandatory SOIRA registration. The duration (10 years, 20 years, or life) depends on the sentence. Your lawyer can confirm the applicable registration period for your specific circumstances.

If you’re charged with voyeurism, a lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the voyeurism charge.
  • Gather key evidence, such as police reports, search warrant applications, device extraction logs, metadata records, witness statements, and expert forensic evidence to support the defence argument.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Strategic Criminal Defence lawyers understand how the local Calgary courts approach voyeurism cases, including the technical digital evidence issues and Charter arguments that are central to most voyeurism defences, and will use that experience to protect your interests.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 1, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410