b'SMART HOME TECHNOLOGYreasonable expectation of privacy for individuals, including long-term care home residents and staff members in group settings. The Supreme CourtUnder the Criminal Code, it is an offence to of Canada has recognized that any unauthorized electronic surveillance,surreptitiously observe or visually record including both audio and video recordings, where an individual hasa person who is in circumstances that give a reasonable expectation of privacy constitutes unreasonable searchrise to a reasonable expectation of privacyand seizure under section 8 of the Charter.4 Usually, section 8 of the Charter is understood to apply to the privacy that exists between individuals and government entities or agents. However, in R. v. Jarvis, theSupreme Court of Canada held that the s. 8 case law contemplates thatCreating Greatindividuals may have reasonable expectations of privacy against other private individuals.5 Places for Living!Criminal CodeAs mentioned above, the Criminal Code contains offences relating to invasion of privacy. The interception of private communications is an offence, unless it is an interception which is consented to by at least one of the parties. Further, under the Criminal Code, it is an offence to surreptitiously observe or visually record a person who is in circumstances that give rise to a reasonable expectation of privacy, including if the person is in a place where they can reasonably expect to be naked or to be engaged in explicit sexual activity.Fixing Long-TermCare Act, 2021 Although the Fixing Long-Term Care Act, 2021 does not specifically address the use of video surveillance in long-term care homes, it does contain a Residents Bill of Rights6 which speaks to safety and privacy. Under the Residents Bill of Rights, residents of long-term care homes have the right to freedom from abuse and neglect, and the right to live in a safe environment. Advocates have argued that each of these rights may be promoted though the use of smartCongratulations to Craigwiel Gardens home technology, including grannyfor breaking ground on their new cams or smart cameras, in a residentsLong-Term Care Home!4 R. v. Jarvis, 2019 SCC 10. 5 Ibid. at para.58.srmarchitects.ca|519.885.5600 6 FLTCA, supra note 1, s.3(1). www.oltca.com LONG TERM CARE TODAY 25'