Supreme Court hears case of London teacher acquitted of voyeurism

An advocate for women and children's safety is hoping the Supreme Court of Canada will strike down the acquittal of a London high school teacher on voyeurism charges.

The case raised eyebrows when the trial judge determined that Ryan Jarvis had violated the privacy of female students by using a pen camera to secretly record their chests, but found Jarvis not guilty because he had no sexual intent in doing so.

The Ontario Court of Appeal ruled that Jarvis did have sexual intent but upheld the acquittal because it said the students had no reasonable expectation of privacy at school.

Ruling 'indefensible'

Barb MacQuarrie called that finding "absolutely indefensible."

The community director of the Centre for Research and Education on Violence Against Women and Children at Western University said she's optimistic that the high court will reverse the appeal court ruling.

"I cannot imagine that the Supreme Court of Canada would leave children and youth in such a vulnerable place to say that you literally have no protection from voyeuristic adults while you're at school. That is not the kind of country that we live in."

Privacy definition too narrow

In its appeal to the Supreme Court of Canada, the prosecution maintains the Appeal Court's view of privacy was far too narrow.

MacQuarrie said she understands that society's expectations of privacy have shifted a lot with the increasing presence of video cameras in public places, which can enhance security.

"But  … there has to be a distinction between an individual's inappropriate use of video cameras and those more publicly-placed video cameras, which I think are very justifiable."

The Supreme Court is hearing the case Friday and is expected to reserve its decision.