Police had no right to seize hidden bedside camera from Airbnb condo in Toronto, judge says

The decision effectively ended the voyeurism prosecution of the Toronto condo owner, Michael Chow

A police officer had no right to enter a condo rented to an Airbnb guest who found a video camera hidden in a clock pointed at the bed, an Ontario judge has ruled.

The decision effectively ended the voyeurism prosecution of the Toronto condo owner, Michael Chow. He had argued police had breached his rights by going into the apartment and seizing the camera without a warrant, even though the aggrieved guest had invited an officer in.

“The police not only breached Mr. Chow’s rights by entering and searching the apartment without a warrant, but they continued to breach his rights by seizing his property and searching it,” Ontario court judge Joseph Bovard said in the decision. “Admitting evidence that was obtained in such a manner would bring the administration of justice into disrepute.”

The case arose in September 2018 when Robert Wallenberg, in town for the Toronto International Film Festival, rented the downtown Airbnb apartment from Chow for 10 days. After discovering the hidden camera, Wallenberg contacted Airbnb, which advised him to go to a hotel and call police.

Court records show Wallenberg let the officer, identified as Const. Lewis, into the apartment and showed him the clock-camera. On advice of a detective, Lewis seized the gadget and placed it in a property locker at the police station. Another officer later inspected the camera briefly, then applied for a warrant to search the device.

ALSO READ: Airbnb restricts young people from renting after slew of deadly house parties

After finding stored video of people engaged in various activities in the bedroom, including one man masturbating on the bed and others, including Chow, in various states of undress, police charged the owner with voyeurism.

At trial, Chow argued for exclusion of the video evidence on the basis that police violated his rights with the warrantless search and seizure.

Lewis testified he made no attempt to contact Chow before entering the condo. He said he believed he was justified in going in at Wallenberg’s invitation because the Airbnb guest had the key and temporary ownership of the unit. He said he seized the device on the advice of the detective to preserve potential evidence.

In his analysis, Bovard said a key issue in deciding whether police had breached Chow’s charter right against unreasonable search and seizure was whether the owner had a reasonable expectation of privacy in the condo unit. Bovard concluded Chow did, given evidence that he was the sole owner of the apartment, it was filled with his possessions, and he used it himself at times.

“In these circumstances, Mr. Chow had a subjective expectation of privacy in the apartment,” Bovard concluded. “Mr. Chow had a reasonable expectation of privacy in the clock-camera and in the contents of the SD memory card.”

The judge also rejected prosecution arguments that by renting out his condo to Wallenberg, Chow had undermined his own privacy expectations.

“Whatever rights Mr. Wallenberg had over the apartment, he could not waive Mr. Chow’s privacy rights in the apartment and its contents,” Bovard said.

The judge also concluded the officer’s suspicion of possible criminal activity did not give him the right to seize the clock-camera or allow police to inspect it without a warrant. Bovard said he realized that excluding the evidence would gut the prosecution’s case, but said he had to do so anyway given the cumulative charter violations.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

short term rentals

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Heavy rainfall warning

Rainfall expected to exceed 100 mm in Prince Rupert and North Coast regions

Province, feds, Wet’suwet’en announce progress in MOU talks

Community engagement process launched to implement northern B.C. First Nation’s rights and title

Dogs are matched with the person, not the person matched to the dog – Prince Rupert SPCA

Prince Rupert SPCA does their due diligence in adopting dogs to suitable human companions

Photo Gallery: Memorial totem pole raising in Prince Rupert

The memorial pole stands in memory of Prince Rupert carvers mother on Second Ave. West

Province, feds, Wet’suwet’en announce progress in MOU talks

External community engagement process launched to help implement Wet’suwet’en rights and title

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Captain Horvat’s OT marker lifts Canucks to 4-3 win over Blues

Vancouver takes 2-0 lead in best-of-7 NHL playoff series with St. Louis

Widow of slain Red Deer doctor thanks community for support ahead of vigil

Fellow doctors, members of the public will gather for a physically-distanced vigil in central Alberta

Protesters showcase massive old yellow cedar as Port Renfrew area forest blockade continues

9.5-foot-wide yellow cedar measured by Ancient Forest Alliance campaigners in Fairy Creek watershed

Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

‘Pellegrin’s actions were motivated by malice …a vindictive, pointless, dangerous and unlawful act’

Racist stickers at Keremeos pub leaves group uneasy and angry

The ‘OK’ hand gesture is a known hate-symbol

VIDEO: World responds to B.C. girl after pandemic cancels birthday party

Dozens of cards and numerous packages were delivered to six-year-old Charlie Manning

Expected fall peak of COVID-19 in Canada could overwhelm health systems: Tam

National modelling projections released Friday show an expected peak in cases this fall

Most Read