LAW 122 Lecture Notes - Lecture 4: Risk Management, Justifiable Homicide, Voyeurism
6 Oct 2013
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Document Summary
Need to protect countervailing interests freedom of expression. Courts want to support freedom of expression. Courts are concerned about defining concept of privacy in a way that strikes a fair balance between the parties. Difficult to define scope of protected interests. Courts increasingly imposing liability for invasion: surveillance camera to monitor a neighbor"s backyard, unauthorized use of photography, unauthorized disclosure of hiv- positive status. Crime of voyeurism: secretly observing or recording a person in circumstances that give rise to a reasonable expectation of privacy . E. g if the person is engaged in sexual activity or is nude. Enacted in some provinces only liability for willful violation of privacy. In canada, the ability to sue in tort law for an invasion of privacy varies from on jurisdiction to another. Ontario- 2012 court of appeal decision in the jones v. tsige case: tort of intrusion upon seclusion now exists in ontario. Exemplary damages awarded to make an example or statement.
