Voyeurism means secretly watching or recording someone, in person or with a camera or phone, when they have a reasonable expectation of privacy. The Crown must also prove the person was somewhere people undress or have sex, was nude or engaged in sexual activity, or that the watching or recording was for a sexual purpose.
Since July 18, 2026, voyeurism carries up to 10 years in prison. But Calgary voyeurism charges can end in a withdrawal, a plea to a lesser offence with no jail, or an acquittal when the defence tests the digital evidence early.
KEY TAKEAWAYS
- A recording on its own does not prove voyeurism. The Crown must prove secrecy, a reasonable expectation of privacy, and one of three specific circumstances.
- Privacy is not limited to washrooms and bedrooms. The Supreme Court of Canada has ruled that students in a school hallway had a reasonable expectation of privacy.
- The sex offender registry is not automatic for voyeurism. The Crown must prove you meant to commit a more serious sexual offence.
- A voyeurism conviction for an offence on or after July 18, 2026 can make a permanent resident inadmissible to Canada, even if the Crown proceeds summarily.
- Release conditions can restrict your phone, computer, and online accounts, and breaking them is a new charge.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending Calgarians charged with voyeurism and other criminal offences. He has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
Cory is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On voyeurism files, his record includes a client charged after a hidden camera was found in a women’s washroom. The camera’s memory card contained some information linked to the client, but nothing showed that he had placed the camera or made the recordings. Cory took those gaps to the Crown, and the charges were withdrawn, leaving the client with no criminal record.
Voyeurism cases hinge on digital evidence, and the Crown’s willingness to withdraw a charge is shaped by what the defence finds in the devices, accounts, and files that the police seized. Cory reviews every piece of disclosure for those problems and puts them before the Crown while it can still make a difference.
Voyeurism allegations arise in a few ways: a hidden camera found in a washroom, change room, or rental suite; photos taken on a phone in a gym or store; recordings of a partner or roommate at home; or files found on a device during an unrelated search.
Each one leaves a digital trail of devices, accounts, timestamps, and metadata, and each one is a place where the Crown’s case can falter. Cory’s voyeurism cases have ended in withdrawn charges, pleas to lesser offences with no jail time, and acquittals at trial.
If you have been accused of voyeurism or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT IS VOYEURISM AND WHAT DOES THE CROWN HAVE TO PROVE?
Voyeurism is secretly watching or recording another person in circumstances where they can reasonably expect privacy. A recording can be a photo or video made by any means, and watching in person through a window or a hole in a wall also counts.
The Crown must prove each of these elements beyond a reasonable doubt:
|
ELEMENT |
WHAT IT MEANS |
|---|---|
| Secrecy | The person did not know they were being watched or recorded. |
| Reasonable expectation of privacy | The circumstances gave the person a right to expect they would not be watched or recorded this way. |
| One of three circumstances | The person was in a place where people undress or have sex, the person was nude or engaged in sexual activity and that was the purpose, or the watching or recording was for a sexual purpose. |
| Identity | You were the person who did it. |
If even one of these elements is missing, the charge fails.
Location alone does not settle the privacy question. In R v Jarvis, the Supreme Court of Canada convicted a teacher who used a pen camera to record students in school hallways, after looking at who was recorded and what the camera focused on.
Sharing, selling, or posting a recording you know was made through voyeurism is a separate offence with the same maximum penalty.
WHAT ARE TYPICAL EXAMPLES OF VOYEURISM?
Examples of conduct that can lead to a voyeurism charge include:
- Hiding a camera to record people in a public washroom or change room.
- Recording a roommate in their bedroom without their knowledge.
- Using a hidden camera or phone to record under someone’s clothing.
- Watching someone in their bedroom through a peephole drilled in a wall.
Each example involves secretly watching or recording someone. Whether it is a crime still depends on the Crown proving every element above.
WHAT ARE THE PENALTIES FOR VOYEURISM?
The Crown chooses whether to proceed by indictment (more serious cases) or summary conviction (less serious cases).
|
CONSEQUENCE |
WHAT THE LAW SAYS |
|---|---|
| Indictable | Up to 10 years in prison for an offence on or after July 18, 2026, and up to 5 years for an earlier offence. |
| Summary | Up to 2 years less a day in jail, a fine of up to $5,000, or both. |
| Discharge | Available, because there is no minimum sentence. You are found guilty, but no conviction is entered. |
| Sex offender registry | Only if the Crown proves beyond a reasonable doubt that you committed voyeurism intending to commit a more serious sexual offence. |
| DNA sample | The judge can order one if the Crown proceeds by indictment and asks for it. |
A conviction can appear on criminal record and vulnerable sector checks, cost you a job or professional licence, and complicate travel to the United States.
Immigration law treats any offense punishable by at least 10 years’ imprisonment as serious criminality. For an offence committed on or after July 18, 2026, permanent residents and foreign nationals can lose their status and face removal from Canada.
WHAT SHOULD YOU DO RIGHT AFTER BEING CHARGED?
Cory recommends these steps:
- Do not discuss the allegation with police, the complainant, or any witness. Even an attempt to explain can become evidence.
- Do not delete files, photos, apps, or accounts. Deleting data can look like hiding evidence.
- Write down who else used your devices and accounts. Shared phones, laptops, and passwords can determine who made a recording.
- Follow every release condition exactly, including limits on phones, computers, or the internet.
These steps protect you and give your lawyer more to work with.
“One of the biggest mistakes people accused of voyeurism in Calgary make is assuming that the evidence against them is straightforward, or that they can explain the situation directly to police or the prosecutor and simply make the problem go away.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS AFTER A VOYEURISM CHARGE IN CALGARY?
Your case usually progresses through these stages:
|
STAGE |
WHAT TO EXPECT |
|---|---|
| Arrest | Arrest Processing Section at the Spyhill Services Centre in northwest Calgary. |
| Release | Police release most people on an undertaking. Serious cases or people with long records may go to a bail hearing before a justice of the peace. |
| Conditions | No contact with the complainants, staying away from certain places, and limits on having or using phones, computers, or other devices. |
| Fingerprints and photos | Calgary Police Service Westwinds Campus, 5111 47 Street NE. |
| First appearance | Alberta Court of Justice, Calgary Courts Centre, 601 5 Street SW. Once you hire Cory, he attends the early court dates on your behalf. |
| Disclosure | Cory orders all the evidence, including device downloads, photos, videos, witness statements, and police notes. |
| Resolution or trial | Cory pushes for a withdrawal or a resolution that avoids a voyeurism conviction or jail. If none is offered and there is a real defence, the case goes to trial. |
From your first meeting, Cory answers the questions clients most often ask: Will I go to jail? Can the charge be withdrawn? Will I have a record?
HOW DOES THE CALGARY CROWN DECIDE WHAT TO DO?
Calgary prosecutors treat voyeurism seriously because it invades another person’s privacy. Under Alberta’s Decision to Prosecute guideline, the Crown continues only if there is a reasonable likelihood of conviction and the case is in the public interest.
Possible outcomes include:
- A full withdrawal of the charge.
- A guilty plea to a lesser or different offence.
- A guilty plea to voyeurism with an agreed sentence that avoids jail.
Before discussing a resolution, the Crown wants to see that you have followed every condition. Counselling, stable work, no prior record, and genuine insight all help. Speak with Cory before starting counselling, so nothing you say can be used against you.
HOW DOES CORY WILSON BUILD YOUR DEFENCE?
Cory focuses on three questions:
- Can the Crown prove every element? Privacy, secrecy, and one of the three circumstances must all be proven from the evidence.
- Is the digital evidence reliable? Metadata, timestamps, cloud accounts, deleted files, and how police searched each device.
- What does the surrounding evidence show? Messages between the parties, witnesses, and the setting in which the recording took place.
He then takes every weakness he finds to the Crown.
“I examine exactly what was recovered, where it came from, who had access to the device or account, how police obtained and preserved it, and whether the Crown can establish that the accused created, possessed, accessed, or transmitted the alleged material.”
Cory Wilson, Criminal Defence Lawyer
WHAT DEFENCES CAN BE RAISED FOR VOYEURISM?
Common defences Cory raises include:
- There was no reasonable expectation of privacy in the full context.
- It was not secret. The person knew about, or agreed to, the recording.
- You were not responsible. Shared devices, shared accounts, or a camera you never placed can raise a reasonable doubt.
- The required purpose cannot be proven. For example, an ordinary security camera in a hallway or store with no sexual focus.
- Your Charter rights were breached. An unlawful search of a phone or computer can lead a judge to exclude the evidence.
The right defence depends on the evidence in your case. Learn more about defences to voyeurism.
“The key question is not simply whether the client denies the allegation, but whether the evidence gives the defence a realistic prospect of an acquittal.”
Cory Wilson, Criminal Defence Lawyer
SUCCESSFUL RESULT: VOYEURISM CHARGES WITHDRAWN AFTER HIDDEN CAMERA COULD NOT BE TIED TO CLIENT
Cory’s client was charged with voyeurism after a camera was found in a women’s washroom. Police alleged he placed it there because its memory card contained information linked to him.
As Cory explains:
“After reviewing the disclosure, it was evident that the Crown would not be able to make their case at trial. Other than circumstantial evidence that my client may have had the recording device at some unknown time in the past, there was no evidence he was involved with placing the camera or making the recordings.”
Cory brought these problems to the Crown prosecutor. The charges were withdrawn without the cost or stress of a trial, and the client has no criminal record.
If the Crown will not agree to a fair outcome, Cory prepares your case for trial and tells you honestly where you stand.
See more recent sexual offence cases that Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
A great lawyer
“He is a great lawyer and after chatting with him in the late hours on a Sunday he did give me great advice. Highly recommend him.”
— M.W.
The best lawyer in Calgary
“Cory Wilson is the best lawyer in Calgary”
— K.K.
True advocate
“Cory handled a matter for my family regarding false allegations. Cory’s knowledge and straightforward approach gave confidence and direction, which kept the family calm leading up to trial. During the time until trial Cory was extremely helpful and really gave the feeling we were dealing with someone that was our true advocate and was vested in winning this case for our well-being.”
— C.B.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Charges laid with, or instead of, voyeurism include:
- Sharing an intimate image without consent: posting or sending a private sexual image of someone who did not agree.
- Child sexual abuse and exploitation material (formerly child pornography): can be added when the person recorded is under 18.
- Criminal harassment: repeatedly watching or following someone so they fear for their safety.
- Failing to comply with a release order: using a banned device or contacting a complainant. See also breach of probation.
Cory defends each of these charges and the full range of sex offences.
FAQS
IS IT VOYEURISM IF I NEVER SHARED THE RECORDING?
Yes. Secretly making the recording can be enough if the Crown proves the other elements. Sharing it is a separate offence with the same maximum penalty.
WILL I GET MY PHONE OR COMPUTER BACK?
Police can keep devices as evidence until the case ends. Cory can ask for devices, or unrelated data, to be returned sooner. A device containing unlawful recordings may not be returned.
WHAT IF THE PERSON CHARGED IS UNDER 18?
Youths are prosecuted under the Youth Criminal Justice Act, with different sentencing and record rules. The sex offender registry does not apply unless a youth receives an adult sentence. Learn more about youth offences.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charge, possible outcomes, defences, and legal fees, and explain every step ahead. Flexible payment plans are available. Call 403-978-6052, 24 hours a day.
LEGAL REFERENCES
- Voyeurism, Criminal Code, RSC 1985, c C-46, s 162
- Definitions for forensic DNA analysis, Criminal Code, RSC 1985, c C-46, s 487.04
- DNA order for designated offences, Criminal Code, RSC 1985, c C-46, s 487.051
- Primary and secondary offences for sex offender registration, Criminal Code, RSC 1985, c C-46, s 490.011
- Order to comply with the Sex Offender Information Registration Act, Criminal Code, RSC 1985, c C-46, s 490.012
- Contents of an undertaking, Criminal Code, RSC 1985, c C-46, s 501
- Absolute and conditional discharges, Criminal Code, RSC 1985, c C-46, s 730
- General penalty for summary conviction offences, Criminal Code, RSC 1985, c C-46, s 787
- Serious criminality, Immigration and Refugee Protection Act, SC 2001, c 27, s 36
- Youth Criminal Justice Act, SC 2002, c 1
- Legal rights on search, detention and arrest, Canadian Charter of Rights and Freedoms, ss 8, 10 and 24
- Reasonable expectation of privacy in voyeurism, R v Jarvis, 2019 SCC 10
- Decision to Prosecute, Alberta Crown Prosecution Service Guideline, 2022
