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Ontario Court Rules Videotaped Evidence from Nanny Camera is Admissible
In R. v. Jamieson, the Ontario Superior Court of Justice dismissed an application by the defendant to exclude original and enhanced videotaped evidence under section 8 of the Charter. The defendant was a nanny who had been charged with the aggravated assault of a child under her care after the child's parents had installed a hidden video camera in their living room. The court ruled that both the original and enhanced videotapes are admissible since "they accurately and fairly represent the information they purport to convey." It stated that it was satisfied that the enhanced copy adds only brightness and a time reference scale and that the brightness provides more detail in viewing some events than the original videotape.
The court also rejected the defendant's constitutional argument that she had a reasonable expectation of privacy. It held that although the defendant had limited control over who might enter the home, absolute control remained with the parents, either of whom could have entered the living room during the time the events were alleged to have occurred. The court found that the parents had acted in good faith and that in this case, the rights of the child outweighed the rights of the defendant caregiver.
For a copy of the decision, visit: