It is illegal to videotape your sexual encounter with someone without his or her consent. The criminal code defines the act of doing so as voyeurism. This is found in section 162.1 of the Criminal Code.
What is Voyeurism?
Everyone commits an offence who, surreptitiously, observes, including by mechanical or electronic means, or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy.
This offence can occur if the person is in a place in which a person can reasonably be expected to be nude, expose his or her genital organs or anal region or her breasts, or be engaged in explicit sexual activity.
Alternatively, it can occur if the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity or sexual assault and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity. The offence can also occur when the observation or recording is done for a sexual purpose.
Everyone who commits an offence under subsection (1) or (4) is guilty. They can either be indicted and are liable to imprisonment for a term not exceeding five years, or they can be guilty of an offence punishable on summary conviction.
No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.
For the purposes of subsection (6), it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good. However, it is a question of fact whether the act does or does not extend beyond what serves the public good. The motives of an accused are irrelevant.
Legal Review By:
Criminal Defence Lawyer (B.A., L.L.B.)
Jonathan Pyzer, B.A., L.L.B, distinguished McGill University and University of Western Ontario alumnus, is a dedicated criminal defence lawyer throughout Ontario. Co-founder of Kostman & Pyzer, Barristers, he focuses on defending individual rights.