In a ground-breaking decision Thursday, the high court said 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. During and , 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. 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. A majority of the appeal court concluded the videos were taken for a sexual purpose, noting at least five 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 to decide the privacy considerations in the case, as it was no longer in dispute that Jarvis made the recordings for a sexual reason. It marked the first time the high court had examined the Criminal Code offence of voyeurism, which took effect in All nine judges of the high court agreed Jarvis should be found guilty.
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The Ontario Court of Appeal upheld that acquittal but for the opposite reasons: it said the videos were made for sexual reasons but that schools do not carry a reasonable expectation for privacy. Jarvis now stands convicted of voyeurism and will be sent for sentencing. His lawyer did not respond to an email or voicemail requesting comment. The ruling brings the legal saga to a close. Although Jarvis still has to face the Ontario College of Teachers discipline committee. RCMP release sketch of suspected voyeur who allegedly filmed victim through window. Although the Jarvis case involved classrooms and hallways in a school, the decision also notes how using public change rooms at swimming pools does not mean someone has carte blanche to record you, nor does taking public transit. Factors the Supreme Court says should be considered in determining reasonable right to privacy include: location, consent, the manner of which someone was observed or recorded, the content or subject matter, the relationship between the parties — Jarvis was a teacher while the 27 girls were students — as well as the purpose of the recording. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Want to discuss?
That one I haven't asked him about yet though since I feel like it would be a little presumptuous and might seem like I'm rushing things commitment-wise. And, as I was writing the reply, above, those thoughts went through my head. Thanks for the help.
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