[Canadian] police can’t stop you from filming them, nor seize your phone

“… [Canadian] police can’t stop you from filming them, nor seize your phone, lawyer says – Public ‘absolutely allowed’ to film arrests, so long as they don’t obstruct police – By John Rieti, CBC News Posted: Jan 25, 2017– The man who captured video of Toronto police officers using a stun gun on a pinned suspect “absolutely” had the right to record that footage, a criminal lawyer says.
Police are reviewing officers’ use of force and conduct in connection with the Tuesday morning altercation in downtown Toronto, which Waseem Khan shot on his mobile phone and shared with the media.
Khan has since criticized police officers for threatening to seize his phone and warning him to stay back, telling him the suspect — who had been Tasered twice and was being held on the ground by multiple officers — was going to spit in his face and give him AIDS.
Criminal lawyer Daniel Brown said he believes officers were trying to intimidate Khan, who had a legal right to record what was happening.
Brown said the officers’ actions toward Khan are “just plain wrong.”
“You are absolutely allowed to film police interactions with the public. It is part of our civic duties and responsibilities,” he told CBC Toronto, adding that more people should know their rights.
Brown also said the officers couldn’t have seized Khan’s phone, even if it contained important evidence. As with a store’s surveillance camera, he said, police can’t just take the device — they have to seek permission to collect the evidence. …”
http://www.cbc.ca/news/canada/toronto/recording-police-interactions-1.3952016

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Demolition video of Yellowknife’s Robertson Head Frame Oct 29th, 2016

A very sad moment

Demolition video of Yellowknife’s Robertson Head Frame Oct 29th, 2016

Demolition video still of Yellowknife’s Robertson Head Frame Oct 29th, 2016

“… Hundreds watch Yellowknife’s Robertson headframe fall to the ground – Many show up for blast at 5 p.m. MT Saturday, hundreds more watch from Australia, N.S., Alaska
http://www.cbc.ca/news/canada/north/hundreds-watch-robertson-headframe-blast-1.3828368
N.W.T. gov’t won’t save Yellowknife’s Robertson headframe
Agreement could not be reached with mine owner, says GNWT
http://www.cbc.ca/news/canada/north/nwt-gov-t-won-t-save-con-mine-robertson-headframe-1.3701613
“…The Con Mine (1938-2003) was the first gold mine developed in the Northwest Territories, just south of Yellowknife.[1] The property was staked by Consolidated Mining and Smelting Company of Canada (Cominco) in September 1935 in response to the discovery of visible gold nearby; the name “Con” is an abbreviation of “Consolidated”. The advent of winter prevented any prospecting from being conducted, but work in the summer of 1936 led to the discovery of numerous gold veins. The Con Mine entered production in 1938 and ceased operations in 2003. It has produced over 5,000,000 ozt (160,000 kg) of gold from 12,195,585 tons of ore processed.[2] The mine was over 6,000 ft (1,800 m) deep.[3]…”
https://en.wikipedia.org/wiki/Con_Mine

Video runs 01:58

John McFadden on his Acquittal on Obstructing Police charge in Yellowknife NT

John McFadden on his Acquittal on Obstructing Police charge in Yellowknife NT  October 21, 2016


For more on this story see
Yellowknife journalist found not guilty of obstruction (CBCNorth)
http://www.cbc.ca/news/canada/north/john-mcfadden-decision-expected-1.3814759
‘Free McFadden’ T-shirts support Yellowknife journalist on trial
http://www.cbc.ca/news/canada/north/free-john-mcfadden-t-shirt-1.3674422
Yellowknife Court Reporter on Trial for Obstructing Police by  Cody Punter July 1, 2016
http://www.canadalandshow.com/yellowknife-court-reporter-trial-obstructing-police/
Exiled to the North, a Reporter Finds a New Enemy in the RCMP by Dave Bidini July 7, 2016
http://www.vice.com/en_ca/read/exiled-to-the-north-a-reporter-finds-a-new-enemy-in-the-rcmp
ICYMI: Objection! Local Journo’s Trial an Expensive, Questionable Circus
Nobody looks good in the case of an NNSL reporter charged with obstruction of justice
Sep 1, 2016
https://edgenorth.ca/article/icymi-objection-local-journo-s-trial-an-expensive-questionable-circus

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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