law on taking photos

[motlive]

There was a post a while ago about people who contacted their local MP and then got a letter from the home office, but I cant find it now... could anyone point me in the right direction please?

[Speed]

Try this link:

http://www.krages.com/phoright.htm

Maybe that's what you're looking for.

[motlive]

Nope not the one.. it was a really long thread on this website..

[Axle]

Try this link:

http://www.krages.com/phoright.htm

Maybe that's what you're looking for.

Wow, that was really useful! Simple, straight forward, and easy to read. Thanks!

As for the original question... I don't remember the thread you're talking about.

[Axle]

Never mind...I think I found it, the funny part is that it was one of my old posts.... here's the stuff.

You vs. The Government / You vs. Another Private Citizen

There are two different kinds of legal situations: There are laws, regulations, statutes, and bylaws, which dictate things that you are not allowed to do. The government (being municipal, provincial, or federal) will enforce these laws, and punish you with fines, jail time, or community service. Essentially, the Government will punish you on behalf of society. The other legal situation is between you and a private citizen or company, and called Common Law. Damages and restitution are awarded usually as financial compensation, on behalf of the victim.

Case Law

Canadian Common Law has lots of different sub-categories, like Tort Law and Contract Law, but essentially, any private citizen or company can sue any other private citizen or company for almost any reason. Unfortunately, that makes it very difficult to draw up a list of the applicable common laws. Judges will look back to similar cases from the past, and use them as a guide in the ruling.

If you break the law and there is a private citizen or company as a victim, you will be prosecuted by the government on behalf of society, and the private citizen or company may also sue you for the damages on their behalf.

You are guaranteed the right to take photographs

You are guaranteed the right to express yourself through photography, and you have the freedom to publish the photos you take. So, unless you are relieved of your rights (by being arrested), the Charter of Rights and Freedoms guarantees your right to take photographs of anything. That's right, you can take photos of anything, and it is not against the law.
Canadian Charter of Rights and Freedoms, 2.b):
freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

Canadian Charter of Rights and Freedoms, 7.:
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

However, the Charter only dictates the government's role (ie. the police can't stop you from taking photos, just because they feel like it). The charter doesn't relieve you of breaking other laws, nor case law (you vs. another private citizen).
Canadian Charter of Rights and Freedoms, 32.:
This Charter applies:
a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

Criminal Activities

Read the Criminal Code of Canada. Don't do things that are against the law, like Breaking & Entering, Fraud, Mischief, Cruelty to Animals, etc. You should be aware of what is against Criminal Law.

Security of Information Act

The Security of Information Act is to protect Canada. Basically, do not do anything, or possess any photos that could be considered national secrets, interfere with a large number of Canadian's lives, impair or threaten the Canadian Forces, national security or intelligence.
Security of Information Act:
An Act respecting the security of information.

Avoid taking a photograph of any of the following, specifically in relation to national secrets, unless you have permission (preferably written) from a ranking official:

* Arsenals
* Armed forces establishments or stations
* Factories
* Dockyards
* Mines
* Minefields
* Camps
* Ships
* Aircraft
* Telegraph, Telephone, Wireless or signal stations or offices
* Places used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents, mining or refining metals, or oil in time of war
* Any non-government military contributor
* Any place where leaked information or damage to it would be useful to a foreign power

Now, this is not to say you can't take a photo of the things listed above, consider an Air Show, or parade, for example. However, when the RCMP approaches you after you take a photo of a nondescript building, this may be what they're interested in. Note, however, that this is treason-level, and for anyone to be prosecuted for this, it requires the Attorney General's direct consent.
Security of Information Act, 24.:
No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General.

Realistically, the government will have to prove that you possessed the photo, with intent to (or proof that you did) communicate it to foreign country or fail to comply with all directions in the disposal of the photo at the direction of a lawful authority. So, if the RCMP asks you to delete a photo with regards to this act, do it. This is the only time that you are required to delete a photo upon request.
Security of Information Act, 22.:
Every person commits an offence who, for the purpose of committing an offence under subsection 16(1) or (2), 17(1), 19(1) or 20(1), does anything that is specifically directed towards or specifically done in preparation of the commission of the offence, including:
(a) entering Canada at the direction of or for the benefit of a foreign entity, a terrorist group or a foreign economic entity;
(b) obtaining, retaining or gaining access to any information;
(c) knowingly communicating to a foreign entity, a terrorist group or a foreign economic entity the person's willingness to commit the offence;
(d) at the direction of, for the benefit of or in association with a foreign entity, a terrorist group or a foreign economic entity, asking a person to commit the offence; and
(e) possessing any device, apparatus or software useful for concealing the content of information or for surreptitiously communicating, obtaining or retaining information.

Is this was you were looking for?

[Didache]

It was me I think ...

Here is the link: Stopped by the Police ...

I can report that I heard back from my MP, attaching a copy of the letter he had received from the Home Office (the branch of UK govt that deals with police, courts, prisons, etc). I was gratified that the Home Office admitted that, on the surface of it, it was incorrect to stop me under anti-terrorist laws. The HO have written to the Metropolitan Police asking for their comments - I have yet to receive that reply. The wheels of government grind very slowly!

Cheers
Mike

[SmartWombat]

Try this link:
http://www.krages.com/phoright.htm

Only if you're in America.
Laws vary by country.

[njwoods]

hello all,
It appears you found the post you wanted and it looks interesting to me too.

I had often wondered about taking a random photo of someone you see on the street, must you get consent first? What if it is in a foreign country and you do not speak the language well or at all?? I guess you have to be careful about who sees you, or if the photo is just for your own use or whatever?

when you need help and do not know where to turn....toronto lawyer

[Frog]

Spamming lawyers????? Gotta be a first!

[mn shutterbug]

Spamming lawyers????? Gotta be a first!

Takes all kinds.

[OldClicker]

Spamming lawyers????? Gotta be a first!

I think it's a first for me. I've been surprised at the number of 'dentist spam' we see - unless it's always the same guy. - TF

[Franglais]

hello all,
It appears you found the post you wanted and it looks interesting to me too.

I had often wondered about taking a random photo of someone you see on the street, must you get consent first? What if it is in a foreign country and you do not speak the language well or at all?? I guess you have to be careful about who sees you, or if the photo is just for your own use or whatever?

when you need help and do not know where to turn....toronto lawyer

Here's a discussion we had last week on the subject.

Question regarding random person/street photography

It looks like local culture is just as important as local law. What I wrote about France is right but what people actually do is something else..

[jorgemonkey]

Spamming lawyers????? Gotta be a first!

Well the economy is kinda slow these days!!