DO YOU HAVE PRIVACY RIGHTS IN PUBLIC IN CANADA?

[00:00:00][music] >> I have a very interesting video topic for you today, and it's this.

[00:00:14]Do you have privacy rights in public in Canada? And many Canadians don't think you do, but it's a very nuanced situation. I'm going to go through it with you. It's not an all-or-nothing situation. In some instances, you have privacy rights and a reasonable expectation of privacy, and others you don't. And there's been some developing in case law in Canada on this over the years, and especially in our technological age, it's very important.

[00:00:37]So, let's first of all, start with a case called Jarvis from the Supreme Court of Canada. In that particular case, a school teacher was just filming students without their consent at his at his school.

[00:00:49]And his lawyer had argued that female students His lawyer was arguing that, "Look, it's a public place, and he's allowed to do that." And the Supreme Court has said, "Look, they have a reasonable expectation of privacy, even though it's a public place." So, that's a very important point. So, it's a very nuanced situation. Targeting matters, in other words. So, if you're in public, and for example, someone's just taking general recordings, um you know, pictures or recording on their on their videotape, for example, that's okay.

[00:01:19]>> [snorts] >> But, where does it cross a line where they're intruding on someone? So, let's take say say they start stalking someone and taking videotape of that person.

[00:01:28]Well, at that point, it it's harassment.

[00:01:30]And this is at at some point it becomes harassment. So, you have to be very careful in that situation. You're allowed to take photo photographs in public of people generally or in in the scene, but you, you know, can you start posting things online? There's still reasonable expectation of privacy. And this even gets you delve even more into this because there's offenses in public, too, where people, you know, where they have their camera and they're zeroing in on girls. It becomes voyeurism at a certain point. Uh they do upskirting with their, you know, when they post this stuff online and you're you're into all sorts of criminal offenses. So, these people girls, anyone in public does at some point has a reasonable expectation of privacy. But, if someone actually just captures you in their photo and you're happy to be there, that's not a problem.

[00:02:13]But, it crosses a line at some point where you have criminal code offenses where there's stalking or harassment, they start posting things online or whatnot.

[00:02:23]Sexual recording obviously is is no good in public, too. You you've got a reasonable expectation of privacy.

[00:02:29]Police surveillance is a whole different ball of wax, especially in our technological age. Like, you've got GPS data recorders, people tracking your cell phone, the police. They do have to get That's a Section 8 issue. You do have some degree of expectation of privacy even in public to be free from that. But, the police, of course, typically will get search warrants and production orders to be able to get that sort of thing. But, if they just they they can't just go to a you know, providers and grab it and say, "Look, I I I need the cell phone tower data and turn it over to so I can monitor his cell phone." So, you still have some degree of reasonable expectation of privacy. I mean, obviously, the most the highest level of expectation of privacy in your house is more limited and nuanced in public. You have to analyze each individual situation.

[00:03:17]A private citizen filming, that's okay.

[00:03:20]Um audio videotaping is okay. Where does it cross the line? Well, it's going to cross the line at some point where a citizen's feeling harassed, the person's following them around with the camera.

[00:03:32]At some point, there's criminal offenses for that. Even harassment can be Believe it or not, criminal harassment can take place even on one occasion if it's very persistent. I've rarely seen instances like that where person has fear from one occasion. But, it is There are some cases like that.

[00:03:48]But, certainly persistent following and stalking with a film, you know, so people don't give up the race completely in public. But know this, it's a reduced expectation of privacy.

[00:03:59]Um, audio is a whole different thing. Now, under section 184 of the Criminal Code, now in Canada, a lot of people don't understand this, but I can if I'm on a phone call with you, I can tape your conversation cuz I'm consenting to it.

[00:04:14]But if two people are talking and I'm recording it and I'm not there, that's illegal technically. You're you're not allowed to do that. You can't intercept. Similarly, in public, you you shouldn't be intercepting people's You're you're You're not partaking in the conversation. You're you're intercepting audio. So, you have to be careful about that. And and similarly, your words may get captured, too. Who knows? You're at a restaurant outside and you're you're you and your involved with another you and your friend are involved in a conversation. Let's say the restaurant owner's recording it without him being there.

[00:04:50]It's a It's a It's a not a gray area.

[00:04:51]It's a It's a criminal offense. I haven't seen too many cases on point, but it's illegal.

[00:04:56]Not Not a lot of people get charged with it, but it is illegal to do. You have If you're going to tape a conversation, there has to be one-party consent. And to make it clear, uh I could meet with my friend and tape the conversation without them knowing it cuz I am consenting to it.

[00:05:12]Could I put an audio recording taping my two friends without being there and no one else is there? No, that that's technically a criminal offense. So, these are important things in public as well. So, it's nuanced. You still have some degree of reasonable expectation of privacy. Every situation has to be addressed carefully to to see whether it's crossed this line from just ordinary filming in public, which is allowed to, you know, voyeurism, to stalking, to harassment, and following someone around, and and then posting that material online, which arguably is going to be a breach of uh your privacy and and could lead to criminal offense to criminal charges against the person who did that. So, there you have it.

[00:05:51]It's a little bit more nuanced than most Canadians think. It's a reduced expectation of privacy, but depending on the fact situation, you do have a a reasonable expectation of privacy to a certain extent in public and very much higher when you're in private in your own home.

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