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The Canadian Parvasi - Issue 16

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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 />

Wishing You all a very<br />

Happy Diwali<br />

Easy Prep… Authentic Taste<br />

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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