Recording the police in public in Canada

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PrivacyLawyer - David Fraser

PrivacyLawyer - David Fraser

Күн бұрын

Пікірлер: 272
@Arvidien
@Arvidien Жыл бұрын
I love cameras. They are a cop's kryptonite.
@Jon20202
@Jon20202 Жыл бұрын
Thank you for the Canadian-relevant legal content
@markvanschepdael6196
@markvanschepdael6196 9 ай бұрын
Finally a clear and concise Canadian applicable explanation of our rights. Thank you.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Um, it’s over 2 years old. The law is not a static thing. Retired Canadian lawyer here.
@truenorthtransparency
@truenorthtransparency Жыл бұрын
Thanks so much David. I’m a “cop watcher” and “auditor”… I exercise my right to the freedom of expression but the laws are confusing to say the least so I have been learning. Thanks again.
@CapeBretonCopWatch
@CapeBretonCopWatch Жыл бұрын
HAY DIDNT I SEE YOU ON THE YOU TUBE?
@johnparry8784
@johnparry8784 Жыл бұрын
Why did Sure Eye Can Audits charged in Timmins Ontario Canada 🇨🇦 for filming in Public.
@johnparry8784
@johnparry8784 Жыл бұрын
You found it
@unkaumanguy1439
@unkaumanguy1439 6 ай бұрын
Frauditurds antagonize people to make money on youtube. They don't care about anyone's rights.
@frankpeters2587
@frankpeters2587 4 ай бұрын
Watch you all the time. TRUCK 🍁 YEAH
@franksilva540
@franksilva540 Жыл бұрын
Thank you for this video David, I recently had a bad experience with police and found your video fascinating. One of the channels I recently subscribed to is News Now Victoria, you should do a video on his arrest and prosecution. He sued the RCMP over it.
@danmartens8855
@danmartens8855 Жыл бұрын
Confiscating and accessing a citizen's camera is a violation of their property rights. Destroying images on a recording device is felony evidence tampering/destruction.
@syncmonism
@syncmonism Жыл бұрын
Yes, more or less, though the term "felony" is not used in Canada, though there are roughly equivalent distinctions to "felony" crimes here in Canada.
@gregdorey3394
@gregdorey3394 Жыл бұрын
That is a good point Dan. However, we in Canada, do not have the term felony. There are summary offences, indictable offences and lastly, dual procedure offences. I know it is mostly semantics here, but the two countries are different.
@daktarioskarvannederhosen2568
@daktarioskarvannederhosen2568 5 ай бұрын
'tort'
@jonenglish6617
@jonenglish6617 5 ай бұрын
no felonys in Canada
@islandaerial3414
@islandaerial3414 4 ай бұрын
You're first mistake is to consider yourself a 'citizen'. You are a man or woman or a Canadian. Full stop
@PhilRushworth
@PhilRushworth 6 ай бұрын
Great videos. I've been dying for a Canadian version of this content, thanks for making it.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Don’t rely on it. It’s more than 2 years old. The courts have been in session in the interim. 🤦‍♂️
@lonewolf5238
@lonewolf5238 5 ай бұрын
I have become so internet infused with American law snd disorder, I sometimes forget where I actually live. Thank you for putting this insightful video together. It's a much needed breath of fresh air and reailty check. In passing, that NB decision was a classic shit sandwich. 😅
@eduardoarciniega5313
@eduardoarciniega5313 4 ай бұрын
As Canadians, we need to be more informed on our rights, very informative hope to see more, thank you
@lisab3396
@lisab3396 8 ай бұрын
👌👌 Very informative and welcomed. I am surprised that you don't have much more thumbs up on this.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Probably because it’s so out of date and so context-specific. Just a guess.
@darrenlarose9561
@darrenlarose9561 11 ай бұрын
Thank you for taking the time to help the public - very honourable.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
2 years out of date and no updates that I can find. And it’s not ‘honourable’, it’s *marketing.* We all have to play the Law Society’s games. I promise this is recycled from a seminar for which Continuing Professional Education credits were earned. Retired Canadian lawyer here.
@islandaerial3414
@islandaerial3414 4 ай бұрын
@@whatifschrodingersboxwasacofin It's all based on the Birth Certificate fraud and the BAR members control of our public courts and their Maritime/Admiralty 'law' system. Easily thwarted if you know their game...
@cube252002
@cube252002 5 ай бұрын
As a Canadian man with a camera (male photographer) I have many stories of abuse of power by cops that have nothing to do with filming/recording police. I’ve had cops demand I delete photos taken in public or face “stalking” charges. I’ve had cops order me to leave a photoshoot I arranged despite despite showing model releases because someone not even remotely involved in the shoot got paranoid about “man with camera” and so on. I’ve had cops order me to move on while doing astrophotography in the middle of the night, and while storm chasing, nothing to do with safety, just “man with camera” paranoia.
@arricammarques1955
@arricammarques1955 2 ай бұрын
File formal complaint with the city police dept. Abuse of civil liberties & freedom of expression.
@cube252002
@cube252002 2 ай бұрын
@@arricammarques1955 been there, done that, when police investigate themselves, rarely do they find themselves in the wrong.
@cube252002
@cube252002 Ай бұрын
@@arricammarques1955 yeah, doesn’t quite work that way in Canada unfortunately.
@thenoneckpeoplerepresentat8074
@thenoneckpeoplerepresentat8074 5 ай бұрын
I think the Freedom Convoy was a great example of our Rights under the Charter.
@jiml9856
@jiml9856 5 ай бұрын
You said "I think" then said somehting nobody who was thinking g properly would say. Have a smart friend explain it to you
@thenoneckpeoplerepresentat8074
@thenoneckpeoplerepresentat8074 5 ай бұрын
@@jiml9856 You’d be happy in North Korea.
@tims1282
@tims1282 4 ай бұрын
@@jiml9856 read between the lines, Jim. I don’t think you got it.
@DblyaC
@DblyaC 4 ай бұрын
@@jiml9856 I think you misunderstood his being a crybaby for a legitimate opinion on recording in public.
@MoonbeameSmith
@MoonbeameSmith 3 ай бұрын
While it might have been legal on some levels it was a farce that embaradded the country on the world stage
@marvinhaagsma9177
@marvinhaagsma9177 5 ай бұрын
While walking down a path in West Edmonton, I was very annoyed to see a pickup truck driving towards me on this walking path. I took out my phone and took a video of the truck as it passed by. Then the truck stopped, backed up, and in a loud voice a beefy Sherriff asked me why I was photographing him in his truck. I told him that I didn’t appreciate seeing a truck on a walking path and also that I was going to post it online. He obviously was not expecting this pushback. That’s where it ended. i walked away.
@wvrjl
@wvrjl 2 ай бұрын
THANK YOU! I know more about American law than my own, because I watch auditors in the US, then actually look up the law. But you don't see too many Canadian auditors. So THANK YOU for going over this!
@BruceRobertson
@BruceRobertson Жыл бұрын
Thanks so much for this series of videos. It’s a valuable service.
@Nikonik66
@Nikonik66 Жыл бұрын
I was taking pictures at the scene of a traffic fatality where the deceased person was on the ground under a blanket. A young police officer, probably a rookie, was obviously more upset about the situation than I was. He barked orders at me that I wasn't allowed to take pictures during an accident investigation. No police tape was set up, and no obvious perimiter had been established. Even when I asked him how far back he wanted me to stand, he just told me to leave the area. When I objected, he asked me how I would feel if someone was taking pictures of my dead family member laying in the street.There was the truth and the root of his displeasure with my actions. Police are human beings. Training for every situation they face and dealing with the emotions they experience only comes after years of being on the job. As a member of the public, asserting your rights, obviously takes legal priority. There are rights and freedoms, but there is also what is right in the moment or situation. When two parties differ in opinions on that subject, it is common that people take a strong stance to defend their position. A police officer will exert his "authority", and a citizen will exert his freedoms. It becomes an ego trip on both sides. Wouldn't it be nice if everyone knew how to use self control when emotions flair?
@Sm-ne8ff
@Sm-ne8ff 9 ай бұрын
And maybe you might feel displeasure and irritation if it was your Mom, Dad or any family member laying perished at a fatality, and some curious person thought it was necessary or appropriate to take pictures or video.. why ?
@CapeBretonCopWatch
@CapeBretonCopWatch 9 ай бұрын
because they want to and its there right and feelings dont trump rights @@Sm-ne8ff
@stockpilethomas7900
@stockpilethomas7900 7 ай бұрын
A friend of mine witness accident. Where a kid was hit and killed. Some people where taking pic of the kid . She was try to tell them stop . Until the cops came. I think people would have some common sense and compassion.
@enemywithin5989
@enemywithin5989 7 ай бұрын
read the SOVEREIGN MANUAL. Legal does not pertain to living humans
@user-om5oz2me8k
@user-om5oz2me8k 6 ай бұрын
@@Sm-ne8ffthe news agencies do that type of filming all the time my friend. We have rights and our own perspectives as to what’s acceptable but at end of day we have rights and police often react with emotion If they just ignored and did there work it wouldn’t be a problem I would not care if someone film me or any of my family dead under a blanket
@daleedwards622
@daleedwards622 5 ай бұрын
I'm happy to finally see where someone of professional stature in the legal realm has the courage to explain the law and the publics charter rights. There ought to be more of this since the justice system is supposedly a public agency . This type of education ought be taught in the public school system along with the constitution and charter of rights n freedoms. Thank you for this.
@kevinsmith5318
@kevinsmith5318 Жыл бұрын
Very thorough and well explained. I’ve watched a lot of merican Auditor videos so good to learn the subtle but similar legal aspects between the two countries.
@georgesmith3107
@georgesmith3107 2 жыл бұрын
Awesome video! Very informative and clear.
@privacylawyer
@privacylawyer 2 жыл бұрын
Glad you enjoyed it!
@Jordan-pf9ws
@Jordan-pf9ws 4 ай бұрын
Thank you for making this content. There is so many videos from the US but I very much want to know what Canadian law says our rights are. The more educated you are about your rights the better we all are I believe.
@totalpkg6912
@totalpkg6912 7 ай бұрын
Gee always open to interpretation,legal system enslaves humanity
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Yes, chaos and anarchy are preferable, oh wise one. What are you, 15? You won’t like it when I just come over to your house and take your stuff because I can. Or when I charge you $100/gal because I can. Or when your plane drops out of the sky because I didn’t feel like riveting that part properly. Omg. Please grow up. 🤦‍♂️
@kevincampbell9619
@kevincampbell9619 5 ай бұрын
the great escape clause for authority
@OrdinaryFilmmaker
@OrdinaryFilmmaker Жыл бұрын
Very much appreciated.
@iancurrie8844
@iancurrie8844 Жыл бұрын
Awesome content! I hope your channel blows up!
@66fitton
@66fitton 5 ай бұрын
Thanks and cheers!
@wrongwayfeldman5393
@wrongwayfeldman5393 5 ай бұрын
These corrupt abusive cops need to be suspended without pay or fired, I have seen way to much Police brutality over the last four years now
@r.1599
@r.1599 5 ай бұрын
Sitting in a quiet police station, going idly through someone's phone and deleting the photographs on it, is not "making a split second decision in the heat of the moment".
@WhenInRomeToo
@WhenInRomeToo Жыл бұрын
Thank you for this, I got everything I wanted to learn and more!
@franksilva540
@franksilva540 Жыл бұрын
Please do one on News Now Victoria arrest.
@EdwardGatey
@EdwardGatey 5 ай бұрын
The hyphenated cop should be getting out of prison in the next couple years. Oops, sorry. I was hoping for justice.
@larrymay3325
@larrymay3325 9 ай бұрын
Cops don't like camera's because they can't get away from beating you
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Because you’re SO compliant with law enforcement put in place to protect the rest of us, riiiiiiight?? If you got beaten, you got yourself beaten. I’ve not been punched once in 60 years. 🤷🏼‍♂️
@adanieltorres
@adanieltorres 3 ай бұрын
Hypothetical: If a bystander is recording an incident of police acting unlawfully towards someone else when they notice the camera and wish to seize it as evidence, would that seizure not in itself be a form of affecting the evidence since the recording is still live? Isn't the bystander the custodian of that evidence in that instance?
@PtolemyCeasar
@PtolemyCeasar 8 ай бұрын
I've spent a considerable part of my life working hand in glove with police in canada and i know the job, so i'm heavily conflicted in an emotional sense. that being said, the best officers wear there honor openly, and the worst ones display all the reasons they dishonor the uniform.
@frankpeters2587
@frankpeters2587 4 ай бұрын
Thank you for the info. TRUCK 🍁 YEAH
@dizzydinonysius
@dizzydinonysius Жыл бұрын
The US has "Prior Restraint". Is there an equivalent in Canada? We always see cops order people back so far that any content recorded is of low quality and if something occurred, that footage and sound tends to be inconclusive. Other tactics, to interact and/or consume the attention of the recording device operator, talk over content, and blocking with their body, cars, etc, used to interfere with the sightlines. Let's not forget "officer safety", even when there are several standing around, any one of them could keep the one or two 'safe' while not interfering with someone recording. Yet another, playing copyright music so it wouldn't be able to be disseminated on various popular websites and social media. There has been a lot of discussion about distance. In Arizona, they even tried to establish a minimum distance, apparently to thwart the efforts of a group of copwatchers in Tempe and surrounding areas but a judge struck that down I think. Cops even resorted to taping off areas to push back cameras for simple traffic stops and such, abusing the entitlement to cordon off an area for investigative purposes. I already know the answer to the "distance" question, "it depends", but when it comes to "reasonable distance", it's subjective. The difference between the individual who wants to get close enough to acquire content and the cops to facilitate their job. They also don't want to be recorded, be on social media, be exposed for mistakes or something more nefarious and one certainly could argue these are their actual motives. Either way, opposing perspectives and a vast difference in opinion of a "reasonable distance". The go-to charge is generally "Interference" or "Mischief" for not complying to a police 'order' to 'step back'. No jury available and these low courts favor police heavily making the process little better than a kangaroo court. Oh, and you cant record your own case, suspiciously - more of the same. Between copwatchers, auditors, and random individual's recordings, it has embolden a great many more people to do the same. SHAMING has always been a great learning tool but with the advent of available technologies of equipment, the internet and of course, social media, the more government actors resist, the more will be record. The resistance itself is valuable content. Thanks for your video, it helped me nail down some of that jello to the wall.
@rickparker8036
@rickparker8036 5 ай бұрын
Well presented.
@jfwal3027
@jfwal3027 8 ай бұрын
Thank you so very much as in North Bay Ontario Canada the Local Police Force are breaking the law regarding treatment of the Citizens of the City !! I’ve been harassed by six Police Officers who in my opinion just passed Police College and Have a very Bad Attitude to the people ! Myself I’m always Civil with the Police as I have a Brother in-law and a Nephew who’s a Mountie and another Nephew a Police Officer and Partner Police Dog and I’m proud of them as long as they Still Serve the People Not Corporate and illegal immigrants and Thug’s with Guns and not protecting our Border’s crossing not main one’s the one’s Trudeau is having Police and Medical Tent’s set up for Criminals for breaking the Canadian immigration Act never a problem with the People who are doing everything by law and their upset about the Canada Federal Government Justin Trudeau and Kristen Freeland ! Those two have done so much Crime’s Against Humanity the People of Canada and Military Veterans and Native Indians (Help Build housing and Clinics and Military Engineering to Correct their Water’s issues with Local Band Leadership and Split the Cost with Native’s and Federal and Provincial Governments as Native’s Bend Leadership receiving Large Amounts of Federal Payments and Native Casino and Pot and Cigarette’s which is all tax free wouldn’t put a Dent of the Money in Bank Account’s as even band members living on the reservation complaining to Trudeau government about the Chief’s of serval Reservations have Mansions and paying themselves large amounts and their tribe members are starving no clean water or medical or schooling both native and English education so they keep their Heritage and English for dealing with rest of the World
@James-xu3vc
@James-xu3vc 6 ай бұрын
Best run-on sentences I have ever seen!! ❤❤❤
@josephsisson
@josephsisson 6 ай бұрын
@@James-xu3vcI think it is a world record!
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
I’ll bet you’re just an angel, aren’t you? I’ve managed to go 60 years without a police interaction. Maybe ask yourself why you get treated the way you do. Introspection is your friend when you can’t change a system.
@r.1599
@r.1599 5 ай бұрын
@@whatifschrodingersboxwasacofin Perhaps the writer is First Nations. If so, they have probably been stopped and interrogated for the suspicious activity of _breathing,_ more than once.
@mikeweir3680
@mikeweir3680 Ай бұрын
Excellent informative video!! Many Thanks.
@mandlenkosipaulmuhlwa7999
@mandlenkosipaulmuhlwa7999 2 жыл бұрын
Very learning experience thank you...
@privacylawyer
@privacylawyer 2 жыл бұрын
Thanks for your kind words. I appreciate it.
@mandlenkosipaulmuhlwa7999
@mandlenkosipaulmuhlwa7999 2 жыл бұрын
@@privacylawyer Life is hard already, its very hard to figure out how to navigate life. Every once in a while someone shares something that might not change the circumstance immediately, it gives hope that at least some other people at least inform others... Its a great quality, I just thought finding this when I had a question was helpful and in plenty supply. Thanks again
@marcleblanc6293
@marcleblanc6293 5 ай бұрын
Totally legal to film cops in public....and would encourage every Canadian to do so...from traffic stops to out in public pullout your phone and record ever thing, they can and do lie to the public all the time.
@SylviusTheMad
@SylviusTheMad 5 ай бұрын
PIPEDA regulating commercial activity leaves a huge gap for charities. Under the Charities Act, everything a registered charity does is non-commercial, so PIPEDA does not govern or constrain the actions of charitable organizations.
@dionne8837
@dionne8837 5 ай бұрын
this proves that our legal system is corrupt as when in public an expectation of privacy is unreasonable, if the cop is to unprofessional to carry out their duties without harassing the person simply recording is a huge problem we have and our charter is routinely ignored at every level
@robburns5226
@robburns5226 Жыл бұрын
What about filming in the public lobby of the PD . I'm finding that police services in ontario have taken the opinion that it is tresspassing
@DirtyMikeTM
@DirtyMikeTM Жыл бұрын
a PD is paid for by public taxes and in turn the citizens property aka public property. Meaning you have every right to film any authorized public areas
@davedismantled
@davedismantled 5 ай бұрын
Tresspassing doesn't have anything to do with filming. If it is tresspassing, it is tresspassing regardless of whether filming is being done or not, no?
@davedismantled
@davedismantled 5 ай бұрын
@@DirtyMikeTM The term "public property" is an oxy moron. If it is public, it isn't "property". And if it is "property", it isn't public. Property means sole ownership of something where the owning party decides how it is used, maintained, etc. Public is something that is not owned by a single party. So, since government claims ownership of the "public" land and "public property" within some form of boundary - be it municipal or otherwise - and decides what is done and how it is maintained, then it is privately owned by the government corporation. The whole public ownership, public property thing is an illusion people believe. This illusion then allows for "property taxes" to be levied. If your property is taxed by a king or queen, then it isn't your property, right? Same thing with government property tax.
@devilsoffspring5519
@devilsoffspring5519 4 ай бұрын
The police record you in your own home. I do not consider police officers in Canada to have any human rights or consider them human beings. They are a publicly-funded street gang and a terrorist organization.
@dennishoule2570
@dennishoule2570 6 ай бұрын
Police stations have signs no recording in the police stations there is no ordinance law attached to these signs public lobbies are public and we should be able to record in them what’s the law prohibiting recording in police stations in public lobbies
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
You’re unfamiliar with the ‘equity’ part of ‘law and equity’, aren’t you? Some of us graduated from good law schools and actually know what we studied. Others, like you, pretend to know stuff based upon cobbling together media misportrayals, you tube idiots, and personal preference fantasies. You will NOT like it when I record you being processed for a misdemeanour. Try extending the same respect you demand to others who are *equal* to you. You’re not special, and confidentiality is a vital concept in today’s society. Sorry for all the big words.
@ButthurtImmigrant
@ButthurtImmigrant 3 ай бұрын
Please check out my channel, if you haven't already. You may like it
@nickgorthius1017
@nickgorthius1017 5 ай бұрын
Mr. Fraser I want to thank you sir for an excellent explanation, I was confused now no more! Eh
@EdwardGatey
@EdwardGatey 5 ай бұрын
We have summary and indictable as I recall.
@TheInsaneupsdriver
@TheInsaneupsdriver 5 ай бұрын
TOTALLY LEGAL, here in Ontario a few years back it went to court and the cops lost. you can record them in their official duties as long as you don't interfere in "LEGAL" activities.
@devilsoffspring5519
@devilsoffspring5519 4 ай бұрын
They interfere with other people's personal lives all the time. Fuck 'em.
@Tom-ob8yb
@Tom-ob8yb 5 ай бұрын
Great video. Are you allowed to record or take pictures in public libraries, police stations, bus stations, courts, hospitals? Thanks, Tom.
@darrenkampen8911
@darrenkampen8911 5 ай бұрын
Excellent educational material...thank you.
@angusmackaskill3035
@angusmackaskill3035 6 ай бұрын
short answer, yes
@karlcathy657
@karlcathy657 5 ай бұрын
yet they can put cameras up to film us so what is the difference.
@ELMS
@ELMS 5 ай бұрын
Just found your channel. Subscribed and with notifications on. 👍
@9inchardox927
@9inchardox927 6 ай бұрын
The charter does not regularly change, neither does a public space, Cops need to remember, they are in our public, it is not thiers, It's ours... There can be no privacy in public unless you make it, yet plain view dictates that privacy, Law enforcement does not own public spaces, All of them, inside and out. Cops have no qualified Immunity in Canada, All are bound to law, including the PM..
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Jurisprudence and legal reasoning change. Why are you only looking at the parts you cherry pick? Here’s a thought: the Crown owns public spaces. Law enforcement is a branch of the Crown. Now, what were you on about? Edit: worry less about inches and more about IQ
@devilsoffspring5519
@devilsoffspring5519 4 ай бұрын
Wrong, police in Canada have near total immunity, not just qualified immunity because Canada has no Second Amendment.
@9inchardox927
@9inchardox927 4 ай бұрын
@@devilsoffspring5519 There is no qualified immunity, thats american, read the charter, then continiue to the criminal code, somewhere through that you will learn the law, for all.
@duncancd5375
@duncancd5375 6 ай бұрын
Would you be able to explain what type of police questions a Canadian citizen must by law answer and is it required to provide ID if you have broken no laws.
@James-xu3vc
@James-xu3vc 6 ай бұрын
The best counter to that request is ... am I being detained?
@josephsisson
@josephsisson 6 ай бұрын
I am not a lawyer but I successfully defended myself (self represented) against a charge of “obstructing a peace officer” in an Ontario court. I would not answer any questions and did not produce my ID at the time of my arrest. You are required to answer three questions and only three questions AFTER you have been lawfully arrested AND promptly informed as to why you have been arrested! The three questions are NAME, DATE OF BIRTH, ADDRESS. After that ask for a lawyer and shut your mouth!
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
@@James-xu3vcand what if the answer is yes, James?? Omg. 🤦‍♂️
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
So… lawyer or no lawyer?? And I’d love to see this 3 question rule in writing. I must have missed that in Civil Procdure I. And in Crim Pro. It ain’t baseball.
@lonewolf5238
@lonewolf5238 5 ай бұрын
Good question. That's a classic 4th Amendment issue south of the border but the US Constitution has no authority up here. However, I would be interested to know what - if any - section of the Canadian Charter of Rights would apply.
@chriss3030
@chriss3030 Ай бұрын
A London Ontario lawyer told my dad and I people are allowed to take pictures and videos of people in a public place and don't have a reasonable expectation of privacy. Which was mentioned in this video, but if you're on your own property and can see into your neighbors yard. There have been cases where it has been considered unlawful to record people that the court claims have a reasonable expectation of privacy. Personally I don't consider it to be a reasonable expectation of privacy when anyone is clearly visible to another person, without them (the potential cameraman) having to go to great lengths to magically see whatever someone might not want recorded. But if I look out my window and see my neighbors doing stuff, or if a security camera around my house for that matter picks up some activities. Is that unlawful. I consider the interior of a house or apartment, or an office space controlled by someone else, like spaces where one might have a reasonable expectation of privacy especially is the change room, or the bathroom and for that reason they don't allow pictures or cameras in those places. However, if I am at the public library and can clearly see people and the recording isn't of a sexual nature, and not up someone's skirt. But rather just a general recording of what one might observe while wondering around the library. Certainly the library can set limits on taking photos and videos while being inside the library. But some libraries allow use of Internet and while someone is using their laptop or camera phone to say video chat the images captured or visible to the other person are similar to publishing a photo or something. And if there is a prohibition it makes sense if someone gets arrested. But if there isn't anything clearly stated as you enter any establishment regarding taking photos or video recording. I question the validity of any argument about it being an unlawful recording. As long as it isn't done In bathroom, or bedroom of someone's house. But if you see 2 people dancing for example and record their dance. Is it unlawful to do so. Even if they don't want a recording or their dance done in their private house. The other person can see view the dance. Which is not the same as taking Inappropriate photos or videos of someone on the toilet, or in the shower, or changing their clothes. So, to me the concept of privacy and the right to record something should relate to whatever anyone can clearly see without going behind enemy lines so to speak. Even at the mall that may be private property, but it is open to the public and has common areas that everyone has access to. Then there are washrooms, or private offices and storage areas that aren't generally accessible to the general public. So, those areas of a private property would come with a reasonable expectation of privacy. But the common pathway in and around the mall that leads to the food court and the stores etc. is accessible to everyone permitted to enter the mall. If someone wants to not be see by anyone else and not caught on video or no photos of them they could stay inside always, but that is a bit unreasonable one might argue. But again if someone is clearly visible to another person unobstructed view and it isn't in a change room and not in a toilet area. Then what's the problem? Like the corridor of mall that leads you around the mall is to me the common or public area and so is the food court. So those areas should not be off limits for photos and videos. Unless clear signage stating the prohibition on taking photos and videos while being in the mall. If that warning is not clearly displayed where everyone can see it. Then how can a anyone know it is prohibited beforehand.
@michinwaygook3684
@michinwaygook3684 10 ай бұрын
You say there is a level of accountability with the police. How? In Alberta the police investigate themselves and when you file a complaint against them and it finally reaches the police chief's desk after almost a year he uses a loophole in the law so a person cannot appeal to the Law Enforcement Review Board; the only unbiased third party in the province. City council members, the Ombudsman and local MPs will not investigate or even make inquiries into police misconduct. How do we as members of the public get accountability for police wrongdoing? The police chief actually admitted fault on the part of the officer in my case and yet according to the police chief it was still okay for him to assault and detain me. The crown prosecutor even dropped the charges of trespassing against me and said the officer's statements did not match what he saw in the video footage, and that the officer's actions were not reasonable. It all seemed pretty damning to me and yet the officer's resultant punishment was for his wrongdoing to put it on his record for one year and than be expunged forever. Nothing was done about him violating my Charter Rights. I submitted a request under FOIA for video footage and received it, I filed a statement of claim and even testified before a judge and prosecutor that proved my claim had enough merit for charges to be filed against the officer. The officer was served with the charges but two months later the case was handed off to another prosecutor who simply dropped all the charges, he never even looked at all the available evidence. I personally have no faith in accountability in the system when it comes to the police. It would be really helpful if you could do a video on the best course action for someone dealing with police misconduct because the complaint process is a complete farce IMO.
@LaurentiusTriarius
@LaurentiusTriarius Жыл бұрын
Some like the SPVM say body cams cost too much. Pardon? More like it would be too expensive to weed out the bad apples from the service before even considering full disclosure.
@halifaxguy
@halifaxguy Жыл бұрын
Not directly related to the topic of this video, but in regards to the statement of needing to follow ‘lawful orders’ given by an officer. When it comes to ‘natural’ disaster or the like, can an officer force you to leave your home or not allow you to return to your home? For example: if there were an out of control wild fire, could the police force me to abandon my home if I feel I have the proper equipment (pumps, hoses, etc) to protect my property? I bring this up because of many 1st hand accounts I’ve heard from friends and associates regarding their experiences during the Nova Scotia wild fires that happened a month or so ago. In one instance, a lady who owns a dog boarding business had gone out for supplies and on her way back was told the area is blocked off and she would not be permitted to go into the area. She explained that there were over a dozen dogs along with several staff at the address she was returning too. She was then told that they will try to get the poeple out but can do nothing for the pets. Obviously as a human with a soul, this was not acceptable so she drove to the other route into the area and was again refused entry… she then was left with no option other than to park the car and run through the forest to get back where they were fortunate enough to reach someone with a brain and vehicles were brought in to retrieve all souls in the building. In another instance my spouses coworker and her husband were monitoring the situation closely and knew the fire was getting reasonably close to their property. They have many acres with a nice big cleaning for their house. They had been keeping the house and lawn wet to protect it from embers. They were on a well so depleting much needed city water wasn’t a concern. They were told it was a mandatory evacuation, to grab what they could in 15 minutes and get out or be removed. Then when they were finally allowed to return a week later, I offered the use of a couple of my drones to survey the property from above to ensure there was nothing smoldering that could reignite. They had been proactively told that drones could not be used in the area until further notice. (Thank God their house was spared less some melted siding on their garage. And a 3rd instance was a friend of mine who owns a construction company and several friends of his in the same industry loaded up their heavy machinery (bulldozers, graders, caterpillars, etc) to get ahead of the fires and create a fire break to prevent their businesses and the many houses in their area from being burned. They were turned away and not permitted to assist. I remember distinctly when I was a young man in NB, there was a Forrest fire near my home and not only did they call in surrounding fire departments, but they actively requested over the radio that anyone with equipment and any able bodied men over 16 to volunteer if possible… I was only 15 at the time but I lied, got my fire jacket, hard hat, mask and water tank and off I went with hundreds of others to stop this fire before it could level the town. Only one house was lost thanks to the men creating fire breaks, the young men marching with water packs and the women and kids all at their homes spraying down houses and cars to reduce the chance of them burning. Now 35 years later I simply can not fathom getting a call at work that my community is on fire and allowing anyone to prevent me from getting there to personally insure that my spouse, pets and home are protected at all costs… sorry for the long winded question, but it’s something that I have been thinking about increasingly with the NS wildfires, the west coast fires now, Maui, etc…. And I keep coming but to the horrible question, would these men have so little honor as to actually try to stop a man from saving his loved ones? And if so, how many bullets could I take before succumbing to their dishonorable actions.
@Claystation-ul7db
@Claystation-ul7db 6 ай бұрын
Thank you sir
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Psssssttt…. Your thanks is 2 years overdue. Just as this video is 2 years out of date. 😳
@MasterBakerVideos
@MasterBakerVideos 5 ай бұрын
Canadians are still being harrased and arrested for public photography. Just search auditors in Canada.
@ButthurtImmigrant
@ButthurtImmigrant 3 ай бұрын
You are 💯 right 😢
@josephthivierge6179
@josephthivierge6179 4 ай бұрын
Saying that you work in your lawfirm but can't give advice about law where my question lies, um are all the lawyers equipped with the no advice kind of institution or just hypocrites in general?
@chrisconrad4441
@chrisconrad4441 Жыл бұрын
But what if, you ARE in a mall and you are witnessing/recording a crime taking place/
@rickpoplawski5821
@rickpoplawski5821 Жыл бұрын
Do Canadian Law Enforcement Officers have Qualified Immunity?
@josephsisson
@josephsisson 11 ай бұрын
Good question!
@OleGit1497
@OleGit1497 9 ай бұрын
Any police officer can claim there was a legal complaint/crime and that they can legally take your phone/camera, and demand the password to inspect the content, etc. How does one determine if the officer is being truthful? There is the fundemental issue with law enforcement in Canada; many do not trust them. Many police officers have given the general public reason to not trust the police.
@kevincampbell9619
@kevincampbell9619 5 ай бұрын
i used to have respect for our law enforcement
@1whoFartsinthewind
@1whoFartsinthewind 5 ай бұрын
We "used to" have charter rights in Canada
@ringer3018
@ringer3018 Жыл бұрын
well done.. thank you
@ioanaanaoi8232
@ioanaanaoi8232 Жыл бұрын
Thank you
@nephilimshammer9567
@nephilimshammer9567 5 ай бұрын
Why hasnt Canada opened all body cam footage to public like USA does
@dag6
@dag6 6 ай бұрын
I guess these laws don't apply in Calgary...?
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
They might have 2 years ago when this was recorded. Dude’s not interested in updating what he gives you to rely upon. Sounds dangerous to me, as a retired lawyer. But maybe he makes enough to pay out over and above what his professional insurer will pay for negligence. I dunno. I’ve never rendered out of date legal advice on the assumption that it would always apply. 🤷🏼‍♂️
@GreatCanadian0844
@GreatCanadian0844 5 ай бұрын
A third party video and audio recording an interaction between a police officer and a suspect in a public situation for publishing on a KZbin channel is he breaking the law because it is not for his personal use and is he violating the law that does not allow the recording of a conversation to which he is not a part? Could such an action be considered hampering an investigation because he is providing evidence to the public which could be edited and not in RAW footage.
@kurtperner4665
@kurtperner4665 Ай бұрын
Go film your local police station of the police coming and going and see what happens.. i recommend bringing a friend or 2 to help document everything that happens..
@CapeBretonCopWatch
@CapeBretonCopWatch Ай бұрын
question can talking be considered obstruction ?
@aabdulll
@aabdulll 4 ай бұрын
Is it illegal to film inside of a police station in Canada?
@ButthurtImmigrant
@ButthurtImmigrant 3 ай бұрын
No, it's not. But the police sergeants don't know that and that may get you arrested as it was the case with me
@matthewhung2733
@matthewhung2733 6 ай бұрын
A caveat is when you are encountering the military police on military property, then a statute called the Defence Area Access Control Regulations takes over and the photos can be erased as you need permission to take photos on base property. Usually not enforced unless it's something more sensitive...but a caveat nevertheless
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Another caveat is that this video is 2 years old with no signs of having been updated while the courts are pumping out jurisprudence. Be careful what you read on the internet. Retired Canadian lawyer here.
@normyanke2515
@normyanke2515 10 ай бұрын
I had a motion detect camera on a surveyor style tripod collecting traffic data because the city was making claims of what I knew was exaggerating traffic to support their bike route grant. The camera was on the side of the city street, a city manager phoned me and told me they would remove my camera if they saw it on "city property? on the grass edge on the side of a city street. One would find surveyors typical equipment in similar locations in the scope of their work,,,, I am sure no city employee would be phoning them to say they would remove their equipment. Did the city have the right to take my camera?
@privacylawyer
@privacylawyer 10 ай бұрын
I think that the city would have wide latitude to remove equipment installed on their property. They'd probably call it a hazard.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
You expect the city to remove surveyors’ equipment from city property? Do you know what surveyors do on road allowances? For our purposes, they protect the delineation of government (ie public) and private property. It is crucial for retaining value in real estate holdings, most people’s greatest asset. Or do you want the government just hacking off the front 20’ of your yard. See, some things add or retain value for society. And some things are just fluff, like inherently unreliable home-made ‘evidence’. You want a study? Commission a study. Otherwise you’ve just got home video. You don’t see the difference between surveyors and your stuff being on city property?? Are you ok?
@marcpp
@marcpp Жыл бұрын
24:30 does this apply to dash cams or other cameras either directly under my control or not?
@marcpp
@marcpp Жыл бұрын
19:50 can I leave a camera on a mount and leave the area?
@lawrencea274
@lawrencea274 6 ай бұрын
Very informative
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
If possibly out of date. The law changes in 2 years. Courts are sitting every day.
@Amazinggirl1231
@Amazinggirl1231 4 ай бұрын
Remember that the police can and will lie upon the whole interaction even when it's being record
@hiphophistorycanada
@hiphophistorycanada 5 ай бұрын
Can i upload a police in public video to youtube and profit from it or do i need a commerial filming permit?
@marcpp
@marcpp Жыл бұрын
Are you actively accepting clients or offering referrals for similar rights cases?
@kevincampbell9619
@kevincampbell9619 5 ай бұрын
god, they are kind to them selfies.
@dunningkruger4863
@dunningkruger4863 6 ай бұрын
FTPg's and the filthy blue line
@whiterooster9359
@whiterooster9359 3 ай бұрын
Repercussions? What happens to police who violate citizens’ Rights? Suspension with pay? i.e. vacation? ‘Member of media’ is a term that I hate. Who is a member of media? Member of media should be changed to citizen. We are all members of the media. Can a citizen physically defend themselves from an unlawful assault by a police officer?
@ussstropicana
@ussstropicana 5 ай бұрын
Color of law (legal stuff) is too complicated to be under-stood by any of us, regular people and ignorance of those laws is a reasonable excuse to not stand under (under-stand) them. I'm not taking about real crimes (Lawful stuff) here that are understood by almost all of us (criminals excluded) : murder, injury, fraud, thief and property damages. In "legalise" (the legal jargon), you are not a "person". You have a "person".
@ussstropicana
@ussstropicana 5 ай бұрын
Oh, and also, your "person" may be a "citizen", but you are a Resident. Never imply that you as a Human being are a "person" nor a "citizen". A "citizen" is a title of nobility that is just above a slave. You are a Human being residing on the land.
@dogghump
@dogghump Жыл бұрын
Is a police station in BC a public place can I record there in the parking lot. I know in the states you can because it's owned by the tax payers
@danieldonnelly3602
@danieldonnelly3602 8 ай бұрын
Back in the day, it would be 2 warning shots 2 the bACK. In the old days the Toronto police use 2 take us out to Cherry beach and throw U in the lake making U swim back to the mainland. Guess it saved the paperwork.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Yeah, yeah. The Pukka Orchestra sang all about it. Sometimes you get what you deserve. I never had a single involuntary trip down Cherry Street. Ever notice how those are the days that *everybody else* likes?? Hmmmm food for thought for you. The police were OUR friends. But don’t take it personally that you made poor life choices. And yes, everybody has choices. It’s Toronto; I have friends from every colour of the spectrum, every place on the financial ladder, and all ages. YOU pick what YOU’re gonna get. And not. 🤷🏼‍♂️ Edit: oh, and Cherry Beach isn’t even on an island. How you gonna “swim to the mainland”, other than across the 50’ channel?? Maybe you were so drunk you just swam in circles for a while a whole 10’ from shore. There’s no way they tossed you off the steel-sided concrete embankments; you would have drowned and/or frozen in minutes. Seems the honesty lessons didn’t quite take. At least an Irish person had the sense not to play the race card in Toronto after 1895; I used to live right near Corktown (yep, named for County Cork).
@adamosadca5240
@adamosadca5240 Жыл бұрын
Try doing that in Quebec and see what happens. Law or no law aggravating a cop is never a good idea in Quebec. Peace out ✌️😎
@kirkyorg7654
@kirkyorg7654 Жыл бұрын
well the so called charter got burned and made a moot document a couple years ago in Ottawa when we started putting people in jail for political reasons and holding people without bail for mischief charges this is no longer a free and democratic country
@jb-xc4oh
@jb-xc4oh Жыл бұрын
Our Charter unlike the one in the USA isn't worth the paper its written on.
@jeffpedler6094
@jeffpedler6094 11 ай бұрын
Is was shredded during Harper's rule.
@colind7678
@colind7678 10 ай бұрын
😂😂😂😂😂😂😂
@scottrumpel3530
@scottrumpel3530 9 ай бұрын
look into the international freedom they much clearer and canada signed on to
@kennyg1358
@kennyg1358 6 ай бұрын
​@@jeffpedler6094you must have some specific examples...
@ReganNA-qi4qy
@ReganNA-qi4qy 4 ай бұрын
Bullies with badges evil and corrupt
@itsjoelee
@itsjoelee 3 ай бұрын
No government or any other man or women gives me my rights, they come from God, God tells me I may use force to protect myself, as a lawyer you should know that, yiu should also read the legal definition of firearms verse the english definition of the same word, and should know that legal and law are 2 ends of a spectrum, they are not related and do not go together in any way, the legal system uses policies for corporate entities, hence the name "police" and not living men and women, the law relates to there being a victim, no victim, no crime. If the guy that broke in to the home was leaving or showing no sign of a threat when he was shot, it is murder, if he was coming towards or going towards the mother, it was a justified killing. Any time the police charge a man or women, they convert them to a corporation on paper, a fake false entity, the police are a corporation and without getting people to claim they are this corporate entity, they would habe no meeting of the minds, if you as a lawyer don't know that, I suspect you and every other lawyer out there is taught this, that's why you are officers of the court and not the people.
@doughawley8101
@doughawley8101 6 ай бұрын
I find it odd that most people know these rights exist but the cops dont.
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
“Most people” have no clue what their rights actually are. They’ve watched far, FAR too much American television and movies. Retired Canadian lawyer here. Don’t know what the basis of your opinion is, but I think mine is pretty clear. Edit: oh, and this video is more than 2 years old, so I’m not even clear on why you’d watch it. Page 1 of the disclaimer expressly says “This is a complicated area of law that is constantly changing”, and I can find no evidence of any updates having been made. Just saying. 🤷🏼‍♂️
@terencekaye9948
@terencekaye9948 5 ай бұрын
What a fucken joke! Boils down to cops can do what ever they want! Gee, wonder how they got away with kicking the shit out of protesters in Ottawa?!
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Holy cow - that pfp is more of date than the video. We’re all busy lawyers, but you’ve got some Plenty of Fish credibility issues going on here. Just snap a current pic on your phone and upload it. Surely you have staff under 40 who can do it in a jiff!
@johnparry8784
@johnparry8784 Жыл бұрын
Well, if you’re part of the Bar Association, you’re part of the problem, public court houses do not need private Bar Association running a public courthouse and maybe you should learn about the rights of a man or a woman and cut through all your bullshit property. Trust pass oh that’s what it boils down to and then we can alleviate the courts Backlog’s and get the business instead of you parasite the lawyers taking everybody’s money it’s sick. How do you like that but you never heard any comment like this before you get out expect privacy in public. And any service corporations it’s their responsibility to protect the privacy of some individual in a public setting, like take them into a back room, and make it private, real simple isn’t it you so called lawyers are the problem of the system
@islandaerial3414
@islandaerial3414 4 ай бұрын
You don't have anything to do with 'law'. You are in the 'legal' realm based on Maritime 'law' and contracts which, is where the Birth Certificate FRAUD comes in and our Strawman Corp fictions. Isn't that so? Please tell on what page of ANY acts, codes, statutes or, in your 'rules of civil procedures' will we find the term(s) man or woman. Hint: You won't and 'persons' doesn't qualify if you are using Blacks For you noobs, you're better advised to invoke the 1960 Bill of Rights. As we have seen that the 'Charter' has NO bearing any longer
@daviddrane6643
@daviddrane6643 9 ай бұрын
KZbin is censoring this post....
@pbufh
@pbufh Жыл бұрын
Hi can someone please explaijn this in 5 word or less.
@deboraboylen7132
@deboraboylen7132 8 ай бұрын
Always record the cops . Know your rights. NEVER trust cop
@mikegreen3190
@mikegreen3190 7 ай бұрын
If cops are trained in the law,then why do they do everything to violate citizens rights
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
If you really think they do ‘everything’ they can, you’re more delusional than hopeless. You’re one of those “I know my rights” folk, aren’t you? I promise that EVERY client who sat across my desk from me who ‘knew their rights’ didn’t. Usually they weren’t even close. There’s a reason we go to law school for 3 years, clerk for another year, and spend half a year writing exams. If you didn’t do that, no, you most certainly don’t know your rights, or the implications, or all of the context and nuance required to interpret the documents you claim give you these alleged rights.
@sketchysamaritan
@sketchysamaritan 9 ай бұрын
Could you pls discuss qualified immunity?? And everything we need to know, including who gives it to the police??😊
@whatifschrodingersboxwasacofin
@whatifschrodingersboxwasacofin 6 ай бұрын
Yes, lawyer are here to give you free legal advice. Sheesh. You don’t see us asking you for free burgers, do you?
@daktarioskarvannederhosen2568
@daktarioskarvannederhosen2568 5 ай бұрын
canadian police do not have qualified immunity.
@sketchysamaritan
@sketchysamaritan 5 ай бұрын
@@daktarioskarvannederhosen2568 they have super on steroids qualified immunity
@jafojafo5412
@jafojafo5412 4 ай бұрын
@@daktarioskarvannederhosen2568oh yes they do …. They get away with all sorts of illegal actions the average citizen would do years in jail for.
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