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

UPDATED: Taylor Flats wildfire in the Alberni Valley under control

Fire is located close to Highway 4 near Sproat Lake

EDITORIAL: Plastics ban needs to start from the top

The more people talk about the plastics ban, the more it may catch on elsewhere…

West Coast Amateur in Port Alberni a success

Top overall winner, with a gross score of 140, was Derek Reid from Arbutus Ridge

ARTS AROUND: Last call for cruise ship vendors

Last cruise ship arrives in the Alberni Inlet on July 6

BIZ BEAT: Port Alberni businesses celebrate milestones

RE/MAX Mid-Island moving into new building on Johnston Road

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Scorpion gives birth after hitching ride in B.C. woman’s luggage

A Vancouver woman inadvertently brought the animal home from a trip to Cuba

B.C. man faces deportation over father’s honour-killing conviction

Father lied to immigration, was later acquitted of charges in Jassi Sidhu’s murder

RCMP allows officers to grow beards

Members can now wear beards and goatees, as long as they’re neatly groomed

Girl, 10, poisoned by carbon monoxide at B.C. campsite could soon return home

Lucille Beaurain died and daughter Micaela Walton, 10, was rushed to B.C. Children’s Hospital on May 18

30 years later: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

Vancouver woman didn’t think her powerful story, written in chalk, would ignite such support

Slain friend motivates rookie football player to make it with hometown B.C. Lions

Jaylen Sandhu, stabbed to death in 2014, a source of inspiration for promising RB Jamel Lyles

Driver of stolen vehicle caught after fleeing accident scene in Island community

Section of Chemainus Road closed until suspect located and eventually taken into custody

Home care for B.C.’s elderly is too expensive and falls short: watchdog

Report says seniors must pay $8,800 a year for daily visits under provincial home support program

Most Read