OTTAWA — The Supreme Court of Canada has overturned a British Columbia court ruling and restored two voyeurism convictions against a former Metro Vancouver minor hockey coach.
Randy Downes had coached minor hockey and children's baseball in Burnaby and Coquitlam for 30 years when he was charged in 2016 after border agents found images on his phone as he returned to Canada from Washington state.
He was 62-years old when he was handed a suspended sentence in 2020 and placed on six months of probation. In the unanimous Supreme Court of Canada decision, Justice Mahmud Jamal says the Criminal Code section used to convict Downes does not include a "temporal component," so the Crown did not need to prove the photos were taken in a place where nudity is reasonably expected at that time.
"It does not require the person to be actually nude, exposing intimate parts of his or her body, or engaged in sexual activity; it suffices if they are in a place where a person may reasonably be expected to be in such a state, such as a changing room, toilet, shower stall, or bedroom," he writes.
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