Police have no right to arrest anyone for the simple act of taking a picture or vid

[MarcosSantiago]

"Police have no right to arrest anyone for the simple act of taking a picture or vid" says The Star.

Important to read this article, please go take a look.

http://www.thestar.com/opinion/commentary/2013/07/28/freedom_to_photograph_under_threat.html

"The situation in Canada has reached the point where it needs to be said loudly and clearly: there is no law against public photography in Canada; no one here can ever be arrested for the simple act of making a picture or film, unless other laws are being broken in the process; and police officers who are in uniform and executing their duties in public have no reasonable expectation of privacy."

Then, it says:

"Canadians should know that they have the right to take pictures anywhere in public, as long as they are not breaking any other laws. At no time can anyone be arrested for the simple act of taking a picture."

 

[Derek Paisley]

Since when do the police follow doctrine? They interpret based on their best interests.

It's not the law to film them. Go ahead and tell the office that approaches you while you are filming them that it's not against the law for you to film them... See how well that works for you.
I sure as Sh|t ain't trying it.

D

 

[油井緋色]

Oh man, somebody got arrested in Union Station for doing this?

But Derek makes a good point. My helmet cam will always be on but I'd rather not have to verbally exercise my rights. Lets say the police decide to be *** about it and kick your ***. Anything you do will get you ****ed up physically and there is absolutely nothing you can do after. I've yet to hear of a successful case of somebody suing the police for wrongfully doing x.

 

[Mr.Azim]

So here's how that will work:

Guy takes a picture of some spectacular event with the police present
Officer says move along
Guy keeps filming
Officer arrests guy
Guy is in holding until he's released on bail/PoA

If guy is stupid: He pleads out
If guy is smart: He goes to trial, spends a few thousand on a lawyer and gets acquitted because he shouldn't have been arrested in the first place

Good luck telling a police officer "you can't arrest me, The Star told me so". They can, they will, you won't get charged for it..... but it's an inconvenience... and an expensive one.

 

[MarcosSantiago]

Since when do the police follow doctrine? They interpret based on their best interests.

It's not the law to film them. Go ahead and tell the office that approaches you while you are filming them that it's not against the law for you to film them... See how well that works for you.
I sure as Sh|t ain't trying it.

D

I think the article is not an invitation to go out and try it, but making the point there is no law against it. </SPAN></SPAN>

The bottom line is that we (Canadian society, and that includes the cops) are being filmed and photographed more and more when in public spaces. Like it or not, this is the new norm, because of the popularity of surveillance systems and smartphones and the cultural influence of the Internet. </SPAN></SPAN>

But we are still in a transition period, and many police officers may still be at odds with the new reality. We are not at the tipping point yet: first, this issue has to become common knowledge, has to be within our nature. </SPAN></SPAN>

The article pointed out, cops who are in uniform and executing their duties in public have no reasonable expectation of privacy. Many of them may not know that, many still may think that there is some legal blanket protecting them. Both sides (the public and the cops) have to be educated.

As always, being aware of your rights is highly recommended.</SPAN></SPAN>

 

[MarcosSantiago]

So here's how that will work:

Guy takes a picture of some spectacular event with the police present
Officer says move along
Guy keeps filming
Officer arrests guy
...
...

To make clear, in your example the cop is arresting him for OBSTRUCTION, not because of the filming. The cop told him to move along, the guy kept filming. Most probably and chances are, the cop will be "right" in court.

Remeber what the article said, no one can be arrested for the simple act of making a picture or film, unless other laws are being broken in the process.

 

[Mr.Azim]

To make clear, in your example the cop is arresting him for OBSTRUCTION, not because of the filming. The cop told him to move along, the guy kept filming. Most probably and chances are, the cop will be "right" in court.

Remeber what the article said, no one can be arrested for the simple act of making a picture or film, unless other laws are being broken in the process.

My example, the guy was in the area, gawking like people do, and pulled out his phone. Police just told him to mind his business.

I don't think a T-Star article is case law or legislation. The police never issued a statement saying otherwise.

Just saying: don't get your hopes up because of this article. They definitely should have used "should not" rather than "no right".

 

[MarcosSantiago]

Oh man, somebody got arrested in Union Station for doing this?

But Derek makes a good point. My helmet cam will always be on but I'd rather not have to verbally exercise my rights. Lets say the police decide to be *** about it and kick your ***. Anything you do will get you ****ed up physically and there is absolutely nothing you can do after. I've yet to hear of a successful case of somebody suing the police for wrongfully doing x.

There are many, many examples of people succesfully suing Toronto Police. Just to mention one, G20 protesters sued and Toronto Police had to settled $$$$$.... do some Google searches.... it is out there...

 

[infernobuster]

So here's how that will work:

Guy takes a picture of some spectacular event with the police present
Officer says move along
Guy keeps filming
Officer arrests guy
Guy is in holding until he's released on bail/PoA

If guy is stupid: He pleads out
If guy is smart: He goes to trial, spends a few thousand on a lawyer and gets acquitted because he shouldn't have been arrested in the first place

Good luck telling a police officer "you can't arrest me, The Star told me so". They can, they will, you won't get charged for it..... but it's an inconvenience... and an expensive one.

That is exactly what will happen.

Seen it a few times now. Someone recording something or taking pictures, and asked to leave or move along. Failed to follow officers direction and arrested.

 

[油井緋色]

There are many, many examples of people succesfully suing Toronto Police. Just to mention one, G20 protesters sued and Toronto Police had to settled $$$$$.... do some Google searches.... it is out there...

Maybe there is still hope? Still, I'd rather not deal with the stress of having to find a lawyer and fear of losing the case =(

Still, it's an interesting article, perhaps the bold and brave will go exercise this right.

 

[nikiter]

Oh man, somebody got arrested in Union Station for doing this?

But Derek makes a good point. My helmet cam will always be on but I'd rather not have to verbally exercise my rights. Lets say the police decide to be *** about it and kick your ***. Anything you do will get you ****ed up physically and there is absolutely nothing you can do after. I've yet to hear of a successful case of somebody suing the police for wrongfully doing x.

Don't be a scared "sheeple". I never got pulled over with my helmet GoPro yet but if I ever do that thing will be recording. Just like my dash cam in my car whenever I get cherries behind me. I tell them that the camera is on and nothing they can do about it. I'm not even sure even if I have to tell them that. Need to confirm with my lawyer.

 

[油井緋色]

Don't be a scared "sheeple". I never got pulled over with my helmet GoPro yet but if I ever do that thing will be recording. Just like my dash cam in my car whenever I get cherries behind me. I tell them that the camera is on and nothing they can do about it. I'm not even sure even if I have to tell them that. Need to confirm with my lawyer.

I'll keep it on, but I'm not telling them it's on lol

The whole "obstruction of justice" thing seems to be ******** as well. If you don't do anything they ask, you can be arrested for "obstructing justice". So if they ask you to hand over the camera or memstick...?

 

[RockerGuy]

Well I believe police record whenever they want. If you have the energy & resources to challenge them, why not?

 

[Rob MacLennan]

You'll find an excellent summary of laws, that pertain to the use of cameras, at this site. It's a reference that's well known to photographers:

http://ambientlight.ca/laws/

Like the story says; you have a right to take pictures in public, where someone does not have an expectation of privacy, but be circumspect about it.

 

[Mongrel]

I agree 100% that the right needs to be made clear and explicit.

The main issue is the "OH OOPS" factor of cops arresting you, deleting any video or "accidentally" destroying your phone/camera/whatever and then leaving you to take your chances. Once you are under arrest, you are under police power.

 

[MarcosSantiago]

I'll keep it on, but I'm not telling them it's on lol

The whole "obstruction of justice" thing seems to be ******** as well. If you don't do anything they ask, you can be arrested for "obstructing justice". So if they ask you to hand over the camera or memstick...?

Let's go and Google "Canadian Charter unreasonable search or seizure"?

Your camera... your smart phone... tablet... laptop... GoPro... memory cards and all related items are your personal property. Police cannot take them away from you, just because they have "curiosity" to see what images you captured.

 

[AGAVE]

So here's how that will work:

Guy takes a picture of some spectacular event with the police present
Officer says move along
Guy keeps filming
Officer arrests guy
Guy is in holding until he's released on bail/PoA

If guy is stupid: He pleads out
If guy is smart: He goes to trial, spends a few thousand on a lawyer and gets acquitted because he shouldn't have been arrested in the first place

Good luck telling a police officer "you can't arrest me, The Star told me so". They can, they will, you won't get charged for it..... but it's an inconvenience... and an expensive one.

Exactly, it's called police corruption, abuse of authority, and it's rampant everywhere.
We should be allowed to sue the officer personally for damages once acquitted.

 

[Mongrel]

Let's go and Google "Canadian Charter unreasonable search or seizure"?

Your camera... your smart phone... tablet... laptop... GoPro... memory cards and all related items are your personal property. Police cannot take them away from you, just because they have "curiosity" to see what images you captured.

Once they arrest you, they can do anything they please.

CAN they do that? Yes. Is that a GOOD IDEA for the cop to do that? Probably not. Is it LEGAL? Hell no. BUT a cop may well be willing to risk that punishment if the punishment they'll receive for whatever-it-is you're recording them for doing is worse than a slap-on-the-wrist for illegal seizure.

I mean, I actually give most cops the benefit of the doubt, but if you're recording one who's beating on some helpless guy or going trigger-happy or doing something else that's pretty damned questionable, then that's probably NOT one of the minority of ******* cops who deserve that benefit of the doubt. I mean, he's already breaking rules? Why not break some more to cover his stupid ***?

 

[Rob MacLennan]

Let's go and Google "Canadian Charter unreasonable search or seizure"?

Your camera... your smart phone... tablet... laptop... GoPro... memory cards and all related items are your personal property. Police cannot take them away from you, just because they have "curiosity" to see what images you captured.

Keep in mind that if you do capture a criminal act, on camera, the police could then seize it (or the memory card) as evidence in that proceeding. They are permitted to take possession of it, prior to obtaining a warrant, in order to preserve any possible evidence from erasure. They are not, however, permitted to take it with impunity, nor to erase the contents themselves. The first would be unlawful seizure, under Charter Section 8, while the later could well be construed as destruction of evidence and, therefore, subject to possible criminal charges.

 

[MarcosSantiago]

Keep in mind that if you do capture a criminal act, on camera, the police could then seize it (or the memory card) as evidence in that proceeding. They are permitted to take possession of it, prior to obtaining a warrant, in order to preserve any possible evidence from erasure. They are not, however, permitted to take it with impunity, nor to erase the contents themselves. The first would be unlawful seizure, under Charter Section 8, while the later could well be construed as destruction of evidence and, therefore, subject to possible criminal charges.

I was aware of that, but seems to be a gray area. How can a police officer guess what you are planning to do (delete evidence, future tense)?

Anyway, another reason to password protect and setup encryption on smartphones phones, as along as the device allows it.