section 164.1(8)

INTRODUCTION AND BRIEF DESCRIPTION

Subsections 164(6) to (8) apply to section 164.1 with modifications based on the circumstances.

SECTION WORDING

164.1(8) Subsections 164(6) to (8) apply, with any modifications that the circumstances require, to this section.

EXPLANATION

Section 164.1(8) of the Criminal Code of Canada is a provision that applies to subsections 164(6) to (8) in certain circumstances. Specifically, this provision indicates that modifications to these subsections may be necessary for the purposes of applying them to the current section, which is the section dealing with voyeurism. Voyeurism is the act of observing or taking pictures or videos of someone in circumstances where they have a reasonable expectation of privacy, without their consent. This can include activities such as filming someone through a window, taking a picture of someone in a dressing room, or recording someone while they are engaged in sexual activity. Subsections 164(6) to (8) deal with various aspects of voyeurism, including prohibiting the distribution of voyeuristic material and providing a mechanism for victims to obtain compensation for the harm they have suffered as a result of the offence. Section 164.1(8) indicates that these provisions should be applied to the offence of voyeurism, with any modifications that may be necessary to account for the unique features of the offence. The purpose of this provision is to ensure that the law is able to adequately address the problem of voyeurism, which is a serious violation of privacy and can have significant negative impacts on victims. By incorporating the provisions of subsections 164(6) to (8) and ensuring that they can be applied to the offence of voyeurism, the Criminal Code of Canada is better able to protect individuals from this type of harm and to hold those who engage in this behaviour accountable for their actions.

COMMENTARY

Section 164.1(8) of the Criminal Code of Canada is a provision that extends the application of certain provisions of the Criminal Code to the offence of voyeurism. Specifically, it states that subsections 164(6) to (8) apply to the offence of voyeurism with any modifications that the circumstances require. This provision is important because it helps to ensure that the offence of voyeurism is treated as seriously as other sexual offences and that victims are afforded appropriate protection and support. The offence of voyeurism is a relatively new addition to the Criminal Code, having been added in 2005. It is defined as the surreptitious observation or recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, for the purpose of obtaining sexual gratification. Examples of circumstances that constitute a reasonable expectation of privacy include being undressed in a private setting, such as a home or a washroom stall. The offence carries a maximum penalty of five years' imprisonment. While the offence of voyeurism is relatively new, the provisions that are referred to in section 164.1(8) are not. Subsections 164(6) to (8) relate to the publication of identifying information about complainants in sexual offence proceedings. These provisions prohibit the publication of information that could identify a complainant, with certain exceptions. They were added to the Criminal Code in the 1990s to provide greater protection to complainants in sexual assault cases. The extension of these provisions to the offence of voyeurism is significant because it recognizes that this offence can be just as traumatizing for victims as other sexual offences. Voyeurism often involves the violation of a person's privacy, their sense of security, and their bodily autonomy. Victims of voyeurism may feel violated, ashamed, and afraid, and may require support and protection from the justice system. By extending subsections 164(6) to (8) to the offence of voyeurism, the Criminal Code recognizes that victims of voyeurism deserve the same level of protection as victims of other sexual offences. It also ensures that complainants in voyeurism cases are not subject to further harm or trauma through the publication of their identifying information. This is particularly important given the prevalence of technology and social media in today's society, which can make it easier for information to be disseminated widely and quickly. In addition to the provisions concerning the publication of identifying information, other provisions of the Criminal Code may also apply to the offence of voyeurism. For example, subsection 162(1) prohibits the recording of a person in a place where they can reasonably expect to be nude or engaged in sexual activity, without their consent. This provision carries a maximum penalty of five years' imprisonment. Other provisions, such as those concerning sexual assault and harassment, may also be relevant depending on the circumstances of the case. In conclusion, section 164.1(8) of the Criminal Code of Canada is an important provision that extends certain protections to victims of voyeurism. By recognizing that the offence of voyeurism can be just as traumatic and violating as other sexual offences, the Criminal Code demonstrates its commitment to addressing the harm and suffering that this offence can cause. Through appropriate legislation and support measures, the justice system can help ensure that victims of voyeurism receive the protection and justice they deserve.

STRATEGY

Section 164.1(8) of the Criminal Code of Canada deals with voyeurism and provides for the punishment of those who secretly observe, record, or photograph someone in circumstances where they have a reasonable expectation of privacy. This section is intended to protect the personal privacy of individuals and prevent the abuse of trust that can result from secret recording or photography. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These include understanding the elements of the offence, the potential penalties, evidentiary issues, and the availability of defences. One of the key elements of the offence of voyeurism is that the recording or photographing must have been done without the consent of the person being observed. Therefore, one strategy that can be employed is to argue that the person being recorded or photographed gave their consent, either explicitly or implicitly. This may involve demonstrating that the person was aware of the recording, or that they had a reasonable expectation that they might be recorded. Another strategy that can be employed is to argue that the recording or photographing was done in a public place, where there is no reasonable expectation of privacy. This may involve demonstrating that the person being observed was in a place where they could reasonably expect that others might see them, such as a busy street or a public park. Evidentiary issues may also arise in cases of voyeurism. For example, the prosecutor may need to prove that the accused was the person who made the recording or photograph, or that the recording or photograph was in fact made without the consent of the person being observed. One strategy that can be employed in such cases is to challenge the reliability or authenticity of the evidence, such as by demonstrating that the recording or photograph has been tampered with or edited. The potential penalties for voyeurism can be significant, including imprisonment for up to five years, and in some cases, lifetime registration as a sex offender. Therefore, it is important to carefully evaluate the strength of the evidence against the accused, and to determine whether a plea bargain or other negotiated resolution may be appropriate. Finally, defences may be available in cases of voyeurism, such as a mistaken belief that the person being observed had consented to the recording or photographing. One possible strategy in such cases is to argue that the accused acted in good faith, and that there was no intention to violate the privacy of the person being observed. In conclusion, there are many strategic considerations that must be taken into account when dealing with section 164.1(8) of the Criminal Code of Canada. By understanding the elements of the offence, the potential penalties, evidentiary issues, and the availability of defences, it is possible to mount an effective defence and achieve the best possible outcome for the accused.