Hamilton resident Emily Hasler told CTV News Toronto her sister found the camera around 11 a.m.  on Sept. 22 at a Tim Hortons, located at 30 Queenston Street, when she was with her young child.
“After my niece finished going to the bathroom, my sister-in-law was cleaning her up and noticed there was a camera hidden in the corner,” she said.
A phone was reportedly placed in a pile of trash, with a slight opening around the camera.  He said the phone was connected to a battery, which could allow the camera to work for longer.
Photos posted on Facebook show the phone was placed in an empty Tim Hortons cup, with what appears to be a tissue on top.
Hasler said the restaurant manager was notified and a security camera showed a man entering the bathroom with the device.
“The men’s bathroom was closed for plumbing issues,” Hasler said.  “I guess they were making the men use the women’s bathroom, which I guess would be when the guy would sneak in there unnoticed.”
Police confirmed that they are investigating the incident and said that when officers arrived at the scene, the mobile phone was still recording.  The police confiscated the mobile phone as evidence.
“It’s terrifying for any person to find a cell phone in such a vulnerable area,” said Hamilton Police Cst.  said Indy Bharaj. 
The investigation is ongoing, police said.  No charges have been filed and there are no suspects at this time.
“It’s just like trespassing,” Hasler said.  “You just feel gross after that.”
“You don’t know it wasn’t streamed.  Was it just a recording?  We do not know.”
Hassler said the east end cafe is near an elementary school and at the end of the day there are usually many students inside buying treats and drinks.
The family is now warning others to be aware of their surroundings.
“I go to the bathroom all the time.  I’m not thinking, “Hey, should I look around for a camera?”  But the reality is there are sick people out there.”
CTV News Toronto has reached out to Tim Hortons for comment, but has not heard back.