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

Kaslo bus fueled by vegetable oil to begin service next month

Mountain Man Mike’s will run routes to Vancouver and eventually Edmonton

Nelson to send two musicians to provincial Festival of The Arts

Lucas Alexander and Nico Bucher will compete in Chilliwack later this month

Police investigating felling of old cedars at Cottonwood Lake

One of the cedars was 300 to 450 years old

Safe boating event planned in Nelson on May 25

The event coincides with the National Safe Boating Awareness week

Help make Nelson the most active community in Canada

The Better Community Challenge launches May 31

Kelowna RCMP interrogation video brings home reality in ‘visceral way’: former TRC chairman

Video of Mountie interrogating young Indigenous woman disclosing sexual abuse under fire

Update: Mother dead, child in critical condition after carbon monoxide poisoning at Shuswap campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

Canada’s parole officers say correctional system has reached breaking point

About half of Canada’s federal parole officers work inside penitentiaries and correctional institutions

Montreal researchers create audible hockey puck for visually impaired players

Three years ago, Gilles Ouellet came up with the idea for a puck that makes a continuous sound

Former B.C. Greyhound bus drivers head to Penticton for goodbye party

Big bash runs until Sunday, funded by drink cans left behind on busses over the years

Boy, 12, arrested after allegedly pulling a knife on another child at a Surrey park

The child was later released into his parents’ custody as Surrey RCMP continue their investigation

Full-scale search underway for missing kayaker on Okanagan Lake

Kelowna Paddle Centre member Zygmunt Janiewicz, 71, failed to return from his ‘daily kayak’ on the lake

ICBC urging drivers to slow down this May long weekend

Speed is number one cause of car crash fatalities: ICBC

Bucks hammer Raptors 125-103 to take 2-0 playoff series lead

Toronto heads home in a hole after second loss to Milwaukee

Most Read