Secret video that captured a Calgary woman having Internet sex with her children present was admissible in her child custody case, Alberta's top court ruled yesterday.
The activity, caught on a "nanny cam" by one of the woman's ex-lovers, was properly before two lower court judges, the Alberta Court of Appeal said.
Lawyer Chuck Easton had argued a "master tape" of video surveillance should not have been allowed in to show his client wasn't a good mother.
Easton said the tape presented a false picture because some of the events were out of sequence and footage of her doing things a good parent does were omitted.
"This is not a case about the order of events," a three-member appeal panel said, in a written ruling.
"It is about whether certain conduct occurred and no more," they said.
"The appellant never testified that the master tape was inaccurate, or doctored, and it was clear that it was merely a compilation of many other tapes."