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

Okanagan-Shuswap weather: Showers to start weekend, sun returning soon

Environment Canada forecasts rain on Saturday and the heat returning next week

Kootnekoff: It’s my strata, and I’ll smoke if I want to (Part 2)

The final part of a legal battle between two strata residents and second-hand smoke

UPDATE: West Kelowna fawn euthanized, not claimed by sanctuary

Gilbert the deer has been euthanized after a suitable home was not found in time

Iconic rock photographer Bob Gruen to exhibit work in Kelowna

Gruen’s portfolio includes John Lennon, Bob Dylan, Led Zeppelin, David Bowie, among many others.

School district monitoring McCurdy supportive housing plan debate

Top priority for board of education is to maintain safety integrity of local schools

July showers wash out half of the Okanagan’s cherry crop

Cherry growers say this is the worst season they’ve seen in decades

Recall: Certain Pacific oysters may pose threat of paralytic shellfish poisoning

Consumers urged to either return affected packages or throw them out

How a Kamloops-born man helped put us on the moon

Jim Chamberlin did troubleshooting for the Apollo program, which led to its success

Sexual harassment complaints soaring amid ‘frat boy culture’ in Canada’s airline industry

‘It’s a #MeToo dumpster fire…and it’s exhausting for survivors’

How much do you know about the moon?

To mark the 50th anniversary of the first lunar landing, see how well you know space

Body, burning truck found near northern B.C. town

RCMP unsure if the two separate discoveries are related

Survivorship Dragon Boat Team wins in Vernon

Team takes top spot in A division at festival

Couple found dead along northern B.C. highway in double homicide

Woman from the U.S. and man from Australia found dead near Liard Hot Springs

RDOS contributes funds to arts centre workshop

South Okanagan Performing Arts Centre Society wants input into proposed facility

Most Read