Public Photography is No Crime – PEN Canada concerned by arrest of Toronto Star photographer

EXCERPT “… We are especially concerned about the way recent trends in enforcement of non-existent prohibitions on photography and filming are affecting members of the press.
This document is not intended to be an exhaustive examination of all laws as they pertain to photography and filming. The issue is complicated and depends to some extent on laws that vary from province to province and municipality to municipality.
Subject to certain very limited constraints, it is not a crime in Canada for anyone to do any of the following things, and it is a violation of their Charter rights to prevent anyone from doing so:
– photographing or filming in any public place, or in any private place to which the public is admitted, and publishing those pictures and films,
– taking pictures of or filming in any government site other than “restricted access areas”*
– photographing or filming police officers in public, as long as the photographer/filmmaker does not obstruct or interfere with the execution of police duties. While everyone has a reasonable expectation of privacy in certain circumstances, police officers have no reasonable expectation of privacy as they go about their duties.
A police officer does not have the right to confiscate cameras or recording equipment (including phones), unless the person in possession of such equipment is under arrest and such equipment is necessarily relevant to the alleged offence. A police officer cannot force anyone to show, unlock or decrypt cameras or recording equipment, or to delete images, even when that person is under arrest, unless the police officer has a warrant or a court order permitting him to do so.
At no time, and under no circumstances, is anyone in Canada subject to arrest for the simple act of taking a photograph or filming, although he or she can be arrested if he or she is breaking another law in the process, such as, for example, trespassing or breaking or entering.
Other laws and legislation, including the Criminal Code, the Copyright Act, the Security of Information Act, the Youth Criminal Justice Act, and the Personal Information Protection and Electronic Documents Act, the Personal Information Protection and Electronic Documents Act (PIPEDA), must be obeyed while taking or publishing pictures….”
https://pencanada.ca/blog/public-photography-is-not-a-crime/

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