The Globe and Mail's Kirk Makin has more in today's paper:
The accused, Daryl Milland Clark, was reported to police after a neighbouring couple furtively observed him through binoculars for 10 to 15 minutes, then called police.
"This is an important case from the perspective of defining a public place," Mr. Clark's lawyer, Gil McKinnon, said in an interview.
"People can be comforted to know that a law-abiding citizen who does some kind of act in privacy -- without knowledge he is being observed by someone outside -- is not at risk of being prosecuted," Mr. McKinnon said. . . . [Read the rest of the story]
Errata, observations and working notes