This is a good one David. I have encountered people occasionally who seem to think that it is illegal to take pictures of them in a public place. One gentleman was extremely upset I took a picture of him/his car/license plate after he backed into another car, and damaged the bumper, and was trying to leave the area. I told him to feel free to call the police. He didn't like that either...
You're exactly the sort of person I was hoping to find here on RU-vid. I've subscribed and I plan to work my way through your back catalogue of videos. Cheers.
I was filimg the beautiful weather with my phone outside on the street today, but then an older lady passed by me saying that "you're not supposed to video people" with upset look on her face. I said "ok" and stopped filming, but It made me curious at that moment what the law says in Canada about filming in public places. So I googled it. It was perfectly fine. Next time someone tries to educate me with such an attitude, I'm prepared for it. Thanks :)
I walk my dogs and go to parks, where it is required to have your dogs leashed, and I always carry a video camera on me, not a cell phone. I record people who let their dogs off-leash in these parks I do not think I am breaking any laws by recording a Person who is breaking the law
There is no expectation of privacy in public. You can legally film while walking down the sidewalk, film the police & police cars, public parks, public libraries, city hall & police stations. Even if a public building have a policy of no recording. Policy doesn't trump our charter of rights section 2(b).
“Private property but public places Regularly, we go to places where the public is generally invited, but it is private property. This can also include what we often think of as being “public property”, but it is owned by someone else. Think of a park, which is owned by a municipality. People or organisations that own property can put conditions on entry to that property. One of those conditions may be “no photography”. And if you exceed or violate the conditions of your invitation, you could then be trespassing. The property owner would be within their rights to ask you to leave under provincial trespassing statutes. In some provinces, it may be a provincial summary offence. But the owner or occupier of the property would have to put you on notice that photography is prohibited on the premises”.
Should also note that taking pictures or video of private places from public isn't illegal. As long as your in a place your legally allowed to be and there is no reason able expectation of privacy. Seen many videos of people claiming you can't take videos of a private businesses from a public sidewalk.
Yes, you most definitely are allowed to video record private facilities from a public space. You can record a prison from the sidewalk. Whatever you can see with your eyes from a sidewalk , you can record.
The position of taking photos without consent in non-intrusive areas (i.e walking out of an AA meeting, or even allowing that) without any established case law to the contrary was the state of public in photography in Quebec prior to the Aubry decision. There was no court cases dealing with the issue prior, some with image rights, but none dealing with basic portraits in public. One small claims court case coming to the same conclusion with harm being a prerequisite for damages in the past 30 years creates a lack of indicative rulings on the issue. Like a lot of issues, time will tell.
Thanks David for the helpful information, I have a question. "Is it legit to upload a video to RU-vid or other platform if it was recorded in an apartment building lobby, which requires access to enter, and the video contains the footage of police officers and suspects involved in a crime? Does it break any law? (if the building is you are currently living in)"
@@privacylawyer Thank you David, for the helpful information. My concern is whether I should worry about the possibility of the suspect who is charged with the crime, suing me for defamation or any other reason. Or should I not be concerned because he has already been proven to have committed a crime in the apartment? (It's in BC, canada)
Thanks for your advice and information. If I want to record videos for youtube, such as food vlogs, travel vlogs, and walking tours, can I record without any problems? Strictly for entertainment purposes. Thank you.
Dave Very good information to know, how about door bell cameras I live in BC in a strata and we were told it is absolutely against the BC law and had to remove all door bell cameras. Those door bell cameras are mostly for safety as our residence are mostly women, can you give us your take on this?
At the end you mentioned property owned by a municipality. Can I record in public buildings that are accessible to the public? Libraries, court house, police stations, city hall, such places in the non restricted areas?
“Private property but public places Regularly, we go to places where the public is generally invited, but it is private property. This can also include what we often think of as being “public property”, but it is owned by someone else. Think of a park, which is owned by a municipality. People or organisations that own property can put conditions on entry to that property. One of those conditions may be “no photography”. And if you exceed or violate the conditions of your invitation, you could then be trespassing. The property owner would be within their rights to ask you to leave under provincial trespassing statutes. In some provinces, it may be a provincial summary offence. But the owner or occupier of the property would have to put you on notice that photography is prohibited on the premises”.
One issue that bothers me is WHAT IS A PRIVACY WINDOW ? IF I HAVE A LARGE FENCE 8 FEET IN HEIGHT AND AN ALMOST COMPLETELY CLOSED OFF PICTURE WINDOW WITH A FULL WINDOW BLIND AND NUMEROUS PEOPLE HAVE POINTED THEIR CELL PHONES AT THE WINDOW FROM THE SIDEWALK AND POSTED THEIR RESULTS ON LINE WITH DOXING INVOLVED . THE ONLY THING IN THE WINDOW IS A SECURITY CAM INSIDE THE HOUSE DURING BAD WEATHER TO PROTECT THE CAMERA HOWEVER IT IS SIGNIFICANTLY AND OBVIOUSLY A PRIVACY WINDOW .PEOPLE HAVE EVEN PEERED IN THE WINDOW FROM ON THE PROPERTY AND KNOCKED ON IT LIKE IT'S A DOOR .FINALLY I CLOSED OFF THE WINDOW COMPLETELY NO LONGER USE IT AS A PICTURE WINDOW AND AM UNCOMFORTABLE WITH ALL OF HUMANITY
Thanks for the info. I just read the website/blog post yoy wrote and tried to leave a comment thabk you there, but wheb I clicked to sign in with Google, it just scrolled to the top of the page. When I scrolled down to leave my comment (thinking it had signed me in) the button now said sign in with Blogger. So it's not working, at least for me. Heads up. Thanks again for the info.
Question: can a member of the public, who is the subject of an investigation, attend a secure office building, not accessible to the public unless invited in order to conduct an interview, record the conversation without anyone being informed?
An excellent and clear summary. Worth noting in passing that Europe has different and more restrictive rules. Could you briefly comment on any differences that might apply to pictures taken by journalists working for a commercial organization? You don't comment on the (dubious) practice of police officers forbidding, confiscating and/or deleting pictures taken by journalists... Is there some broad police discretion they rely on or is it just BS?
Thanks for your kind words. The same general rules apply to journalists. Here is a video on that topic ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-HrENVUXjSQo.html, and another one about recording the police in public: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-O6k64hDQn3U.html
I have a question. In the hospital emergency waiting room ( in the front as you enter from the street) before you go into the back area to get examined can you take video or photographs...Hospitals usually post signs saying you cant.But as I see it you can...is it against the law?
Can u record your court proceedings for the purpose of showing the conduct of judges and crowns especially if you suspect they are violating and infringing on your charter/ constitutional rights ?
Walmart is private property and if there is posted signage regarding filming/photographs, they can restrict access and/or ask you to leave. They can actually ask you to leave regardless of signage since it’s private property It’sIf you don’t leave, you can be trespassed. If you fail to leave then you would most likely be charged under trespass property act-failure to leave when directed but not charged with anything related to filming. In Ontario anyways.
Approximately a couple of decades ago, in Ottawa, I heard the advice, for the photographer when confronted, be it by a security guard, police, or any private person, with a demand to delete the photos on the memory card, to keep in mind that deleting image files could, if the case were to escalate to court, be considered tampering with- / destruction of evidence … and, applied to the security guard et al. as coercion to destroy evidence ! Would that argument for the photographer hold up in court - besides the fact such demands have no basis in legality to begin with -
I just finished watching your vedio and I still have some questions I have been misstreated by a lawyers and public officials that supposed to protect my right am doni have a legal right to vedio or audio recorde them during conversation? Do I have to tell them I am recording them please help me out I don't have much knowledge about Canada's law and my right they are using this against me please I really need help thank you God bless
In Canada, someone who is lawfully a part of the conversation and is doing so solely for personal purposes can record the conversation without letting the other parties know. That said, it can be seen as being rude and confrontational.
Hi David. A quick question please. I'm in Vancouver BC. I have a security camera in my suite facing the alley where my car is parked. Landlord wants me to take it down. He says some tenants are uncomfortable seeing the camera when they leave the building in the back. Thoughts? Thanks
Property may be owned privately and the landlord has put you on notice that no video/photography is permitted. He covered this in the video. If it's a publicly owned alley way then he has no say.
The First Amendment is about freedom of speech, press, assembly and the right to petition the Government. Nothing about being able to video record. In fact the Right to Privacy also protects the people being intrusively videotaped by recording their personal conversations. Why do I think that cop was fake? A real cop would use discretion and not fist bump!
I was recording my daughter at a public pool and the lifeguard told me its not aloud, then I told her its a public place and I am aloud and they made a huge deal about it, am I aloud to film at a public pool? I live in Halifax NS Canada
Would the use of facial recognition tech or other biometrics change the equation at all? My building has a security camera at the front door which I can access via a website. It also had a repeat string of mail thefts by the same person. I'm surely allowed to watch the feed and try to recognize them, but using a computer to do it 24/7 seems like it would be a different situation. (Not seeking legal advice, the guy stopped breaking in and my interest in doing this is gone)
1:49 So one can legally record a person standing at the window of their home? The upstairs neighbours of the house i rent have been watching myself and any visitors I have in the driveway through their window. Watching in the sense of surveillance. It feels the intention is malicious as a means to intimidate as they know I have ptsd from stalking.
David, this is a great video with lots of valuable information about filming and taking photos in public places. You mentioned the "charter-protected right" to take photos or record video..." 2:14. Then, you mentioned "Section 2 B of the Charter..." Would you please tell us which "charter," Act, or legislation you are talking about here? And I have another question. Could homeowners film a condo board meeting in the province of Alberta? And after filming, could the same homeowner publish that video on RU-vid? We look forward to your next videos.
Hi Samuel, it's a reference to the Canadian Charter of Rights and Freedoms. The text of it is here: www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/97548/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html
@@privacylawyer Hello again David! Thank you for your response to my questions that I posted here earlier in 2023. This is the only useful video on RU-vid with regards to filming in public places in Canada. It would be good if you could do a series of videos on this topic as we are moving to a time where more people are filming and publishing videos to RU-vid and TikTok. What I learned from your video and the link you posted eight months ago is that I, as a creator CAN film anyone in a public place in Canada. But, I just wish I could find a specific piece of Canadian federal or provincial legislation that covers the topic of an artist being able to film and 'publish' content on an online platform such as RU-vid. I am interested in filming and publishing my observations of Canada as a British Expat. So, is there any legislation that could safeguard me? The Constitution Act of 1982 seems too broad and anachronistic for this golden age of RU-vid and TikTok. What do you think? It would be great to see a video from you on this issue. (And congratulations on your contribution at the House of Commons recently). (18 November 2023).
I don’t care for your comment at the start… “Just because you can doesn’t mean you should” Stick to facts and rights and leave your opinion out of it brother. You’re a LAWYER, of all people you should know feelings don’t outweigh rights and that’s a huge problem in society today… police and government enforcement of “feelings” I’m a Canadian Auditor and have to deal with “feelings” quite often and as outlined in Bracken V Fort Erie someone’s subjective opinion doesn’t outweigh my rights.
Excellent information. One follow-up question. If you are making photographs of or including people in public places for artistic purposes, can you display these photographs in a gallery, for instance, or sell them through a gallery without explicit consent. I am thinking of typical street photography scenes.
i think i read somewhere that if you make money off your videos/photos then you are considered a business and would need a permit to film in public ... different from taking videos/pictures for just personal use ...but i could be wrong
Is it legal to record matches from a PSA(Professional Squash Association) tournament and publish them on RU-vid? The PSA's regulations prohibit it. "Filming or streaming of tournaments is not permitted without PSA's consent" I believe the other racquet sport organizations such as the ATP have the same regulations. But can they stop the publishing of match recordings if the tournament is held in a public place and someone makes their own recording of the event?
Video 10:10 “Private property but public places Regularly, we go to places where the public is generally invited, but it is private property. This can also include what we often think of as being “public property”, but it is owned by someone else. Think of a park, which is owned by a municipality. People or organisations that own property can put conditions on entry to that property. One of those conditions may be “no photography”. And if you exceed or violate the conditions of your invitation, you could then be trespassing. The property owner would be within their rights to ask you to leave under provincial trespassing statutes. In some provinces, it may be a provincial summary offence. But the owner or occupier of the property would have to put you on notice that photography is prohibited on the premises”.
Hi, I have a question. My company is making some videos of some landmarks and street views of Toronto for our website. Is it legal if we catch people's faces while recording on streets and share them online? I can't seem to find any information regarding this type of commercial use. Thanks.
I have a question. I was in a Ottawa public pool and I took a "Boomrang" 3 sec vidéo for my Instgram qof the pool where I was about to swim. The Manager came to ask me to delete it, which I did to not cause trouble. However I had an argument with them that it was unlawful to ask me to delete a recording done in public. I did not see beforehand that there was a sign on the wall that said no pictures of photography. Is this lawful M lawyer (to take pictures in a city building, specifically a pool, when my intentions were to film the pool in general and not the people)? 🤔
My question to you is "What if someone posts a video or a photo of which is taken on private property or a "no-filming" area, like a shopping centre or a store, and what will happen? Will the person get a "cease and desist" letter from the organization or get sued.
You can be trespassed from a privately owned facility. But you can video record the private facility from a sidewalk. A good rule of thumb is: whatever you can see with your eyes from a public space, you can record. Your eyes cannot be trespassed.
Nuance question: someone told me you can legally take photos in public places BUT you aren't allowed to publish these on social media or use them as part of a work of art. Is this accurate? For context, I teach cinema at the high school level in Ontario and we want our students to respect the law :)
In general terms, if you can record it you can publish it. Movie studios will always require signed consents/releases from anyone who appears identifiably on screen. Documentary producers generally don't require these. I'd teach young people to be respectful of the privacy interests of others and to only include people who have agreed to be included.
@@privacylawyer Thank you so much for your answer! The difficulty is when they're filming on the street or other public places. Should we or shouldn't we tell them to blur out every face in the crowd?
I have a question. I was recently voice recorded while alone test driving a customers car. I was having a bad day and verbally blew off some steam as I thought I was alone. Little did I know that he had a dash cam with voice recording running. He sent the voice recording to my boss and posted online as he didn’t like what I had to say as I was mainly venting about him and his vehicle as he’s a difficult problematic customer. Do I have legal grounds to protect myself ?
My son has a channel and he is monetized for his videos. My ? Is he makes dirt bike videos does he have to have consent from his friends to post the videos if they are in the videos? Canada ontario here.
Is a high school considered a ‘public place’? Are there any additional laws to consider for minors? For context, I’m a teacher trying to teach my students to become responsible content creators (future RU-vid stars). Can these kids practice their skills in a school with other students who are also minors? What happens if they start uploading to RU-vid without getting every parent of every child in the background of a shot giving permission? It’s also assumed in this setting that a reasonable expectation of privacy (and all associated activities) is respected (nothing dirty or inappropriate). How do I answer my students when they ask about consent when making TikTok productions?
Thanks for the question. A school board can set rules for what can be done on their property, which can include no photography. After that, it's not much of a legal question but I think it's a great opportunity to teach kids about respecting others. People may be in public and not want to appear on social media or in the background of someone's video. They may be visible to others, but not want to be recorded. I'd teach kids to be respectful of the wishes of others and to only include people who have agreed to be included.
Mr Fraser, What is the law say, reference the photography/video within "Publicly" owed buildings, were it is freely accessable to the public, i.e. foyer, waiting areas, etc? Thank You.
In theory they can restrict photography but it would have to be justified for a public sector entity. It would be more easily justified in a hospital emergency waiting room than it would in a city hall foyer.
I would think if the area is open to the public and not an area that is restricted, there should be no issue. But see auditors in the US being harassed for being in public areas of public buildings. Many times, it's the staff you are not trained properly that are the issue.
Video 10:10 “Private property but public places Regularly, we go to places where the public is generally invited, but it is private property. This can also include what we often think of as being “public property”, but it is owned by someone else. Think of a park, which is owned by a municipality. People or organisations that own property can put conditions on entry to that property. One of those conditions may be “no photography”. And if you exceed or violate the conditions of your invitation, you could then be trespassing. The property owner would be within their rights to ask you to leave under provincial trespassing statutes. In some provinces, it may be a provincial summary offence. But the owner or occupier of the property would have to put you on notice that photography is prohibited on the premises”.
What if you filmed a neighbor through the peep hole of your door because they are yelling and being aggressive and violent in the hallway of an apartment building you reside in because it happens often and sometimes they bang on your door and it terrifies your children. Is that illegal?
I can't imagine you could be faulted for that. There have been cases related to video doorbells in apartment buildings where it's been prohibited by the landlord, but if you are inside your rented space and recording through the peep hole, I expect you're fully within your rights.
most malls are privately owned; however, because the nature of their existence is that of being open to the public it is legal to record within it (excepting if there exist legitimate signages forbidding it or if the recorder is ordered by the owners' authorised representative not to record).
Just to clarify and because I may haved missed it, my question is, can those personal photos of taken of me be put on a social media platform without my consent. Is that still considered “for personal purposes”?
Yes, they can post to social media. If you are in view from any place a person has the right to be and there is no expectation of privacy, you have no say in what a person does with the picture or video.
You might have something if lets say you were on your personal property and someone took a photo of you and posted it. If you were lets say at the Elmira Maple syrup festival and someone got a photo of you and posted it, I think that would still be considered "for personal purposes". cause that person could have been taking a pic/video of family/friends and you could have been in that shot.
Hi David, Thanks a lot for sharing knowledge about Our Rights as Canadian. There is one mention you have done regarding Park that is bugging me. Clip here; ru-vid.comUgkxx6nyidBb0ZqSCkwUQ1-tBaVTs1YkuBE9 You are including Public Park into your Private section of the video. Are you saying that since the municipality ''owned'' the park it's private? To my knowledge, local cities governments are public entities. I get that our public servants are creating Rules and Regulation for safety concern in the Park, ex: Opening hours( I found this one unconstitutional btw ) , dog with leach, no glasses bottles etc. But you seem to imply that they could restrict public photography in park ? I'm sure you are aware that legislator have to make those rules to align them with the Charters so they can't infringe our rights to Freedom of Press and Expression. TLDR: My understanding of the laws is you can film in a public park, owned by local, provincial or Federal governments, as long as you don't enter into restricted area. You want to enlighten me here?
Yes, a municipality, a province or the federal government can set rules for their "property" including parks. It's usually done by by-laws, which are more readily discovered. But they can be challenged, since all levels of the government are subject to the Charter, which includes the right to freedom of expression. Photography and videography are expressive, but there can be reasonable limitations if they are justified. For example, a public (municipal) beach or pool could implement a no-photography rule, which may arguably be justified if photography can be shown to have a negative impact on those using the beach. For example, National Parks have a no drones rule, which has not been challenged but has been justified by the impact on animals, particularly from the high-pitched noise of drones.
Drone use enters into the airspace ownership realm. If an airplane can fly over then so can a drone. A park could restrict the small toy type of drones. Larger drones fall into Transport Canada jurisdiction and drone operators have to follow aviation rules.
Charter? Charter protected? A well intended but naive video. Everybody should know the charter is for display purposes only. The charter and the supposed protections within only exist on paper and will be summarily dismissed, revoked and ignored as soon as a judge or the PMO says so. The idea of our few and far between rights in Canada date back to the Magna Carta and are to protect us from the state and are unassailable in theory. Yet, the state has no compunction or feels no obligation to recognize that notion. Recent history leaves no doubt about it.
Can you record a paramedic worker who is assisting with an emergency situation that is happening on a public street in Canada? I am taking a first aid course that is being taught by a paramedic and she told me she can tell the public to stop recording her because she does not give consent. I am pretty sure she is wrong, as if she is working in a public space she has no authority to stop the public from recording her in public.
She would be wrong. Just like police, you can record paramedics, even if they dont give consent. with police though, I think its a you can record them, as long as you dont impede them from doing their duties, so Im assuming it would be something similar. and as mentioned in video, I think there would be things like tresspassing, being a nuisance, getting in the way of traffic/people moving.
@@spartanchuckles8743 Yeah, I knew she was wrong but I did not want to argue with her as it was a hard course and I did not want to fail and loose the $900 I spent to take the course. Not good to piss off your instructor lol.
