The Supreme Court of Canada found a teacher guilty of voyeriusm for recording students during school hours at school. Basically, the court held that studentd have a reasonable expectation of privacy and it confirmed that recording their breast was for a sexual purpose. Very importantly to note is how the SCC opened up the prospect of other people getting charged: "The use of a cell phone to capture upskirt images of women on public transit, the use of a drone to take high-resolution photographs of unsuspecting sunbathers at a public swimming pool, and the surreptitious video recording of a woman breastfeeding in a quiet corner of a coffee shop would all raise similar privacy concerns," his decision notes. This list is not exhaustive and may also apply to areas like the workplace, sporting events, etc. Obviously the content is important in determining if it falls within the scope of a sexual purpose. I think this decision makes it easier for the police to lay charges. Its important to remember that upon arrest, you have the right to speak to counsel. Any lawyer will tell you the same thing: keep your mouth shut. Do not make a statement. Say on the advice of your lawyer you will remain silent if you must say something. You may give the officer evidence against or you even risk obstruction of justice by mistakenly telling the officer something you think is true but actually isn’t. The trial doesn’t happen on the roadside anyways; it happens in court. Don’t try to talk yourself out of a charge. Leave it up to the lawyer to determine how he can defend you.
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