Is it legal to video police officers in public?

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Even Steven
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Is it legal to video police officers in public?

Post by Even Steven »

I had a discussion with a friend of mine. He seems to think it's legal to photograph/video police officers while on duty no matter what. I for some reason think they won't like it and would probably tell you to stop it at which point it would be illegal to continue filming them. But then again there are many videos of police doing things on Youtube. Plus they're filming us every day with body cameras.

Anybody knows the legality of things?
Dizzy1
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Re: Is it legal to video police officers in public?

Post by Dizzy1 »

As we learned in the Robert Dziekański tragedy ...

http://blog.privacylawyer.ca/2012/08/ph ... olice.html

Photographing and filming police officers in Canada
The Ottawa Citizen has a very good editorial on the practice of police intimidation of citizens who use their cellphone cameras and other devices to record the police.

Here's a summary of what Canadians should know about this:
There is no law in Canada that prevents a member of the public from taking photographs or video in a public place (other than some limitations related to sensitive defense installations);
There is no law in Canada that prevents a member of the public from taking photographs or video of a police officer executing his or her duties in public or in a location lawfully controlled by the photographer (in fact, police officers have no privacy rights in public when executing their duties);
Preventing a person from taking photos or video is a prima facie infringement of a person's Charter rights;
You cannot interfere with a police officer's lawful execution of his or her duties, but taking photos or videos does not, in and of itself, constitute interference;
A police officer cannot take your phone or camera simply for recording him or her, as long as you were not obstructing;
These privileges are not reserved to media -- everyone has these rights;
A police officer cannot make you unlock your phone to show him or her your images; and
A police officer cannot make you delete any photos.


http://www.cbc.ca/news/canada/north/cop ... -1.3765930
http://www.huffingtonpost.ca/2017/01/25 ... 96798.html
https://pencanada.ca/blog/canadians-hav ... -officers/
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Dizzy1
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Re: Is it legal to video police officers in public?

Post by Dizzy1 »

Even Steven wrote: I for some reason think they won't like it and would probably tell you to stop it at which point it would be illegal to continue filming them.

Just because they don't like something, doesn't make it illegal.
Nobody wants to hear your opinion. They just want to hear their own opinion coming out of your mouth.
Even Steven
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Re: Is it legal to video police officers in public?

Post by Even Steven »

Dizzy1 wrote:Just because they don't like something, doesn't make it illegal.


Oh no, I agree fully there. I'm just thinking if any of the video'ing can be constituted as interfering with a police officer or how THEY interpret it.

Thank you for the information above, by the way, it clears it up almost fully.
Even Steven
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Re: Is it legal to video police officers in public?

Post by Even Steven »

Oh, fun video on the subject I found on youtube.

Dizzy1
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Re: Is it legal to video police officers in public?

Post by Dizzy1 »

Even Steven wrote:
Oh no, I agree fully there. I'm just thinking if any of the video'ing can be constituted as interfering with a police officer or how THEY interpret it.

Thank you for the information above, by the way, it clears it up almost fully.

Its all about knowing your rights and their rights :up:
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LANDM
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Re: Is it legal to video police officers in public?

Post by LANDM »

And don’t mix up Canadian and American rights.
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Silverstarqueen
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Re: Is it legal to video police officers in public?

Post by Silverstarqueen »

Password protection on your phone is also very helpful in case the police did somehow manage to get your phone from you.
lesliepaul
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Re: Is it legal to video police officers in public?

Post by lesliepaul »

Probably 15 years ago had a camera with a large lens around my neck when several police cars pulled up over a biker issue. One officer decided that me and my camera were more important than the issue they were dealing with.

"why do you have camera he asked"?

"to take pictures was my response"

"of what"?

"anything I want"

The officer then threatened to charge me with "obstruction of justice" if I did not put the camera away. I put it away and took out my small point and shoot. This all occurred with witnesses.

One phone call to the Chief of Police the next morning and this particular gung-ho officer was transferred out of the district. The Chief of Police explained my rights and that the officer was completely out of line with the threat of Obstruction of Justice.

I will sympathize with the police on this type of issue but a stormtrooper attitude gets them nowhere. Remember, sometimes the pictures or video DEFEND the officers.
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Fancy
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Re: Is it legal to video police officers in public?

Post by Fancy »

lesliepaul wrote:One phone call to the Chief of Police the next morning and this particular gung-ho officer was transferred out of the district.

Be curious to know where this happened.
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alanjh595
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Re: Is it legal to video police officers in public?

Post by alanjh595 »

If police officers are allowed to use dash cameras and personal body cameras, then every other Canadian is also allowed to record police officers in public.
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FreeRights
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Re: Is it legal to video police officers in public?

Post by FreeRights »

One important point is that by "public," don't assume that's anywhere. For example, your opportunity to use audio and video recording devices may be much more restricted on private property, like shopping malls.
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