Teacher who recorded students with pen camera is guilty of voyeurism: high court

Ryan Jarvis was charged with voyeurism after discovery of more than two dozen videos on his pen

The Supreme Court of Canada says an Ontario high-school teacher who used a pen camera to surreptitiously take videos of female students is guilty of voyeurism.

In a ruling today, the high court says the teenage students were entitled to a reasonable expectation they would not be secretly recorded by their instructor.

Teacher Ryan Jarvis was charged with voyeurism after discovery of more than two dozen videos on his pen, many of which focused on the chests and cleavage area of students at the London, Ont., school.

During 2010 and 2011, Jarvis made the recordings in different locations around the school, including in hallways, classrooms, the cafeteria, staff offices and outside the building.

The videos range from six seconds in length to just over two-and-a-half minutes, often involving a conversation between Jarvis and the student. In most, the camera is on the girl’s face but also focuses for a considerable amount of time on her chest area.

Jarvis was acquitted when the trial judge found that while the students had a reasonable expectation of privacy, it was not clear the videos were taken for a sexual purpose.

The Ontario Court of Appeal dismissed the Crown’s challenge of the ruling, although for different reasons.

READ MORE: Victims sought after suspected voyeur arrested at UBC

A majority of the appeal court concluded the videos were indeed taken for a sexual purpose, noting at least five of them featured close-up, lengthy views of cleavage from angles both straight on and from above. However, the court said the students should not have an expectation of privacy in areas of the school where they congregate or where classes are taught.

One of the appeal court judges dissented, opening the door to a hearing before the Supreme Court.

All nine judges of the high court agreed in today’s ruling that Jarvis should be found guilty. However, they provided two sets of reasons in coming to that unanimous conclusion.

In writing for a majority of the court, Chief Justice Richard Wagner said a student attending class, walking down a school hallway or speaking to her teacher certainly expects she will not be singled out by the instructor and made the subject of a secretive, minutes-long recording focusing on her body.

“The explicit focus of the videos on the bodies of the students recorded, including their breasts, leaves me in no doubt that the videos were made in violation of the students’ reasonable expectations of privacy.”

Jim Bronskill , The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Snowfall warning for Kootenay and Paulson passes

Up to 30 cm expected in mountain passes Saturday and Sunday.

RCMP report

Some of the more interesting callouts for Columbia Valley RCMP November 4-10th

Moose tests positive for Chronic Wasting Disease in northwest Montana

This is the first time the disease has been detected in the species in Montana

Watching our water footprint

Lake Windermere Ambassadors coordinator walks through water footprint

Films celebrate passionate people and places

Get your tickets now for upcoming Wild & Scenic Film Festival

Cold, stormy winter forecast across much of Canada, The Weather Network predicts

In British Columbia temperatures will be slightly above normal and precipitation will be just below normal

UPDATED: Vancouver Island’s Joe gets suspended sentence in Teddy the dog cruelty case

Melissa Tooshley expected in court on Thursday in same case

Nineteen boats carrying invasive mussels stopped at B.C. borders

Waters of Columbia-Shuswap still test mussel-free

Woman ‘horrified’ after being told to trek 200 kilometres home from Kamloops hospital

‘I can’t get from Kamloops back to 100 Mile House injured, confused… no shoes, no clothes whatsoever’

Canadian universities encourage exchange students in Hong Kong to head home

UBC said 11 of its 32 students completing programs in Hong Kong have already left

Midget no more: Sweeping division name changes coming to minor hockey in Canada

Alpha-numeric division names will be used for the 2020-2021 season and beyond

Duncan man gets suspended sentence in Teddy the dog cruelty trial

Joe also gets lifetime ban on owning animals

B.C. pushes for greater industry ‘transparency’ in gasoline pricing

Legislation responds to fuel price gap of up to 13 cents

B.C. woman ordered to return dog to ex-boyfriend for $2,000

After the two broke up, documents state, they agree to share custody of the dog, named Harlen

Most Read