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<strong>The</strong> International News Weekly CANADA<br />
07<br />
October 06, 2017 | Toronto<br />
Acquittal of teacher who secretly filmed<br />
female students' breasts upheld<br />
Agencies<br />
TORONTO: A high school teacher who used a camera<br />
pen to secretly video female students' chest areas did<br />
so for sexual purposes, but his acquittal on voyeurism<br />
charges will nevertheless stand, Ontario's top court<br />
ruled in a split decision on Thursday.<br />
In dismissing a prosecution challenge to a lower<br />
court verdict, the Court of Appeal found the students<br />
had no reasonable expectation of privacy — a key element<br />
of the offence of voyeurism.<br />
Police in London, Ont., charged the English teacher,<br />
Ryan Jarvis, over secret recordings he made in 2010<br />
and 2011 of the students while he was chatting with<br />
them. <strong>The</strong> images, captured in various places in and<br />
around the school and lasting from seconds to a few<br />
minutes, involved 27 female students aged 14 to 18.<br />
Another teacher spotted what was happening and<br />
alerted the principal, who observed the same<br />
conduct and called in the police.<br />
Key to the voyeurism charge was that several<br />
of the videos, admitted as evidence at trial, focused<br />
on the teens' chest areas.<br />
In November 2015, Superior Court Justice Andrew<br />
Goodman found Jarvis not guilty, despite<br />
deciding his behaviour had been "morally repugnant<br />
and professionally objectionable." While<br />
Goodman ruled the students had a reasonable<br />
expectation of privacy, he found the videos were<br />
not sexually motivated.<br />
Among other things, Goodman said, Jarvis<br />
had no other pornographic material, sometimes<br />
filmed faces, and none of the images showed nudity<br />
or sexual activity. <strong>The</strong> judge also noted that<br />
the images showed what could be "readily seen"<br />
by anyone.<br />
"While a conclusion that the accused was photographing<br />
the students' cleavage for a sexual<br />
purpose is most likely," Goodman found, "there may be<br />
other inferences to be drawn."<br />
<strong>The</strong> Crown appealed, arguing it should have been<br />
a no-brainer that Jarvis, who did not testify, had been<br />
sexually motivated: <strong>The</strong> subjects were females, and the<br />
camera was deliberately pointed downward at their<br />
breasts.<br />
In coming to opposite conclusions than Goodman<br />
did — but still upholding the acquittal — the majority<br />
of the Appeal Court panel that heard the case rejected<br />
his analysis of the sexual aspect, which leaned on parallels<br />
to child pornography. Goodman was wrong, the<br />
higher court ruled, to consider the lack of nudity as negating<br />
the sexual purposes Jarvis had.<br />
<strong>The</strong> judge also failed to identify what other purposes<br />
the teacher might have had, the higher court said.<br />
"This was an overwhelming case of videos focused<br />
on young women's breasts and cleavage," Justice Kathryn<br />
Feldman wrote on behalf of herself and Justice David<br />
Watt.<br />
However, in looking at the second element of the<br />
offence, Feldman and Watt disagreed with Goodman<br />
that the teens had a reasonable expectation of privacy<br />
at school even though they could be recorded, for example,<br />
by security cameras.<br />
In coming to that conclusion, the majority noted<br />
that we live in an open society "where visual interaction<br />
is part of everyday life and is valued" and that<br />
while school should be a protected and safe environment,<br />
students know they can be observed in places<br />
where they gather.<br />
"If a person is in a public place, fully clothed and<br />
not engaged in toileting or sexual activity, they will<br />
normally not be in circumstances that give rise to a<br />
reasonable expectation of privacy," the court ruled.<br />
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Toronto police detonate<br />
suspicious package<br />
outside headquarters<br />
Agencies<br />
TORONTO: A suspect is in custody after a suspicious<br />
package was left in front of Toronto police<br />
headquarters on Thursday afternoon.<br />
<strong>The</strong> building was placed under a hold and secure<br />
after police discovered the package shortly<br />
before 2 p.m.<br />
Security camera footage showed a man in dark<br />
clothes with a knapsack walk up to the entrance<br />
and leave a grey and red container on a concrete<br />
planter.<br />
Police used a robot to probe the package and<br />
later confirmed that one detonation was made.<br />
15-year-old boy charged in<br />
10 Toronto bank robberies<br />
Continued from page 01<br />
<strong>The</strong>y say a person wearing sunglasses and a<br />
hoodie entered a bank, approached the teller and<br />
presented a note saying that he had a gun and demanding<br />
cash. <strong>The</strong>y say the person got the cash, and<br />
escaped in a getaway car driven by the second suspect.<br />
Investigators say the 15-year-old boy has been<br />
charged with 10 counts of robbery and 10 counts<br />
of disguise with intent. <strong>The</strong> 30-year-old has been<br />
charged with 10 counts of robbery and 10 counts of<br />
dangerous driving. <strong>The</strong> pair appeared in court Sunday.<br />
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