Art and Photography

can I take /record photo/video of a person/people doing smt violating the law and post on social media?

  • Last Updated:
  • Jun 28th, 2020 12:30 pm
[OP]
Member
Dec 1, 2016
221 posts
64 upvotes
mississauga

can I take /record photo/video of a person/people doing smt violating the law and post on social media?

is that legal or violating the privacy when I see someone doing the wrong thing and take picture or recording video of their action, then shared to public?
if it is not the crime to send to police, but just the bad behaviour, like throwing garbage on public space, , then if not allowed to shared, then can I do something with those people?
5 replies
Deal Addict
Feb 16, 2006
4786 posts
1730 upvotes
Vancouver
A little Google searching will give you an answer.

Maybe this page will help:
>> https://ambientlight.ca/laws/

Generally, with the exception of Quebec, you can take photos\video in a public space and publish them where the subject of the photo is recognizable without a need to obtain a release to publish. But this is subject to federal, provincial, and even municipal bylaws.

In most jurisdictions that I'm aware of you cannot invade a persons private domain from a public space i.e. shoot from a tree in a park over a privacy hedge or through an open window not normally within line of sight. There have been a number of court cases in this respect.

It might even be debatable in court if you are in a public space (a street) and video your neighbor burning leaves in his non-fenced\hedged front yard in contravention of a burn ban.

But.... don't take my post as being accurate. I'm not a lawyer. Get one. Keep in mind that if someone gets pissed at you they can still attempt to sue you in civil court. Or... depending on where you are taking pictures, you may get a visit from some very polite but serious people.

>> https://www.cjfe.org/can_you_take_a_pic ... _in_canada

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Deal Fanatic
User avatar
Dec 10, 2004
6689 posts
2388 upvotes
Vancouver
talmcgill wrote: is that legal or violating the privacy when I see someone doing the wrong thing and take picture or recording video of their action, then shared to public?
if it is not the crime to send to police, but just the bad behaviour, like throwing garbage on public space, , then if not allowed to shared, then can I do something with those people?
Your post would get more responses if you post in a different forum. I don't think it really belongs to photography due to the nature of the question.
If you are taking a video from a public space then by all means feel free to do so. There are many youtube channels dedicated to various issues observed from driving issues to massive dedicated channels exposing child predators where they publicly post images and videos of pedophiles they lure.
You can also complain to 311 and the government will take action( eg garbage issue by a neighbor,etc).
I use voice typing, expect mistakes...
Newbie
Dec 20, 2008
28 posts
4 upvotes
Just be careful, if the subject has the “assumption of privacy,” for example Schools have been extended basically the same assumption as residences, unless there is a public event.
Deal Addict
User avatar
Feb 1, 2012
1685 posts
2618 upvotes
Thunder Bay, ON
This is a good site for photography laws:
https://ambientlight.ca/

I keep a copy of the printable pdf in my camera bag in case I get hassled. But generally if someone does not want their picture taken I don't unless I think it necessary for evidence.
I solemnly swear, to never assume I have an inkling at which direction the market will head, and to never make any investments based on a timing strategy.
Deal Fanatic
User avatar
May 11, 2009
6299 posts
2798 upvotes
Debtario
Generally, If you are on public property or your own property, and there is no reasonable expectation of privacy, you're okay.

The "reasonable" expectation is a grey area at times, there are the obvious ones like washrooms, change rooms, bedrooms, but when it comes to backyards or visible areas from the street it gets murky because everybody seems to have a different idea of what's reasonable (if my patio overlooks your backyard, am I violating your privacy? - my municipality says no!), courts seem to take it on a case-by-case basis.
Off on a tanget, If you have time, take a read through some Canadian cases that have contrasting outcomes, like R. v. Jarvis and R. v. Le. Essentially, the context, method, and purpose of the recordings matters, not just whether it's a public or private space.

If you just post footage or the act being committed, it is what it is. The dangerous part is making accusations, because until someone is convicted everything is alleged and they are still "innocent", no matter how damning the evidence is.

That said, you are free to exercise your rights, but exercising your rights isn't always free. Even if you are within the law, someone can still attempt to sue you or you can get arrested and charged at first, nothing may come of it though you'll be dragged through the unpleasant process anyway.
"I possess a device, in my pocket, capable of accessing the entirety of information known to man. I use it to look at pictures of cats and get in arguments with strangers"

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