Voyeurism charges can also be challenged successfully if the evidence against you was obtained with a violation of the rights guaranteed to you by the Charter. For instance, if an illegal search of your phone or computer was conducted where police found video “evidence” that they believed constituted voyeurism.
Voyeurism is a relatively new offence added to the Criminal Code of Canada. It was introduced in 2005 as a response to the increasing use of new technologies to spy on people and secretly observe or record them for sexual purposes. Since then, the ability to record on smartphones and ever-smaller portable devices has only exacerbated the problem.