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

October is Plastic Free Month in Nelson

City will examine its own plastic use and encourage public to do the same

Don Currie, local athletes win medal haul at 55-plus B.C. Games

Slocan’s Currie took home seven gold medals in track and field

Local runners tackle Toad Mountain

The 25 kilometre and 50 km event took runners over the top of Toad Mountain

Leafs fall 5-1 to Thunder Cats

Nelson is winless through its first two games

Disability employment awareness month: open house and inclusive employer award

Events take place in Nelson and Castlegar this week

VIDEO: Liberals make child care pledge, Greens unveil platform on Day 6 of campaign

Green party leader Elizabeth May unveils her party’s platform in Toronto

Surrey mom allegedly paid $400,000 for son in U.S. college bribery scam

Xiaoning Sui, 48, was arrested in Spain on Monday night

Nanaimo RCMP officer ‘walks on water’ to rescue lost camper

66-year-old assisted earlier this month by Mounties who can seemingly work miracles

Winnipeg student, killed in bus crash, remembered as passionate, kind

University of Victoria student Emma Machado, 18, was killed in the bus crash near Bamfield on Friday

Boy overdosed on illicit anti-anxiety drug found on Kelowna classroom floor, RCMP say

Noah Mills, 8, ingested a pink powdery substance off his Kelowna classroom floor

20 day search for missing Labradoodle in Princeton, B.C. ends with tears of joy

The search brought out bloodhounds, and groups hoping to find Mordy

Fewer trees, higher costs blamed for devastating downturn in B.C. forestry

Largest driving factor is the province’s complex stumpage system that results in high fees, expert says

Canucks sign Brock Boeser to three-year, US$17.6-million deal

Young sniper will be in Vancouver Tuesday

Most Read