R. v. I.A.

(Calgary Court of Justice - Voyeurism). Pursuant to section 162 of the Criminal Code of Canada it is illegal to surreptitiously watch or record someone in circumstances where they have a reasonable expectation of privacy.  An example of reasonable expectation of privacy includes nudity, sexual activity, or secretly watching a person while they are in their private space for a sexual purpose.  Voyeurism also includes publishing non-consensual intimate images. Voyeurism carries penalties up to 5 years imprisonment for indictable offences and may be prosecuted by summary conviction. 

While IA negotiated settlement by way of a guilty plea, there are a couple of important lessons that stem from this case. Firstly, IA had previously been discharged in relation to a theft/assault peace officer allegation. The fact that IA had committed the voyeurism offence while on probation as part of a conditional discharge was a serious concern for the prosecution. In essence, the prosecution's view was that IA had already received the benefit of a discharge and part of that benefit was that if the conditions of the discharge were satisfied, IA could avoid the long term of consequences of a criminal record. The second issue plaguing IA's case was that the accused was not Canadian citizen. IA was granted permanent residency status in Canada while managing the original charges for which a discharge as granted. Whenever a non-Canadian citizen is convicted of an offence, there may be immigration consequences. 

Though IA had a defence, the Crown offered to deal with the case by way of a short period of probation. IA was in some risk of a receiving a custodial sentence of 6 months or more if convicted after trial.  The reason IA accepted the plea bargain was because the plea bargain did not trigger a more difficult immigration scenario for the accused.

As many Calgary criminal lawyers understand, successfully working a case is not always a zero sum game. It is not unusual in criminal cases for accused persons to have to make difficult decisions because the imposition of a criminal record or certain penalties flowing from a. criminal conviction can have serious consequences exterior to the criminal law punishment. Non-Canadian citizens are often placed under great strain when faced with a criminal charge; for depending on their immigration status, conviction can result in deportation consequences. While David Chow is not an immigration lawyer -- he is a Calgary defence lawyer -- and cannot give legal advice with respect to immigration matters, he is nevertheless careful to recognize that immigration issues may exist. If you are a non-Canadian citizen, it is extremely important to inform your Alberta criminal lawyer of your immigration status. David Chow will always recommend that non-Canadian citizens charged with criminal offences seek advice from a qualified immigration lawyer. It is important to keep in mind that a favourable plea bargain from a criminal law perspective may not be a favourable result for immigration purposes.