Photography and Security in Vancouver

Posted by Sean
Filed in City
June 30, 2008

Ever been hassled by the man while taking a photo? I have. A lot. Its usually by shopkeepers when I'm standing outside their store taking a shot of the reflection in their windows, but they're easy to laugh off. The rent-a-cops are a bit more persistent. Most of the time they just don't understand why you'd want to be down in around some abandoned factories; Junkie? Graffiti? And its always the way they ask. "Can I help you?". No thanks, I'm fine. "Can I ask what you are doing?" Yes, go ahead. Or, I think you just did. They spend all day bored out of their minds waiting for something to happen; the exercise of authority, authority for authority's sake. Not necessarily for show, but because a lack of understanding, or a willing refusal to ask themselves why we find our leisure in the rusted frigate's of some war which was never fought. It is more of an insult to their leisure preferences; sports, sports cars, shopping, home reno, and plasma TV.

Perhaps this is just the reality of life in a post 9/11 world, as ironic as it seems when you imagine what must be coming in through the port. So that now one can no longer stroll the docks marveling at the brined, barnacle encrusted crates as salt water, sea food, and creosote coalesce in the air. So that now, Douglas Coupland's essay in City of Glass on prowling the port seems so far fetched. They've blocked off all entry points, including one of the best secrets in the city, the North Nanaimo foot bridge. Even the celebrated Cannery Restaurant has to pack up and move (because terrorists eat sea food).

After being in Montreal and Toronto earlier this year, I noticed that we have a much stricter sense of propriety here in la la land. We covet our space, and that applies to personal space too. We have so much of it. We've carved our spheres into lonely black orbs. Thats how the Vancouver School of photography developed, by taking a step back, relishing the difficult beauty; the calculate distance (CBC Radio 3 has a great lecture on the Vancouver School).

Of course, prohibiting photographers is nothing new, as the website Strictly No Photography can attest to. But in the digital age, it seems that now we are afraid of our own proliferation of technology. The accessibility of the medium, much like when Kodak introduced the Brownie, is changing the photographic record. Suddenly everybody could be a possible spy gathering reconnaissance, or at the very least be a witness to the overarching powers of surveillance society, a society saturated in virtual eyes, paranoid by our own devices.

I know a few of you have some stories to share, so please do so (I'm looking at you Mr. O'Brien).

Also see Photographer's Rights for more.

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Amusing, I've never had any problems with taking photos of people. Infact, I take photos of police officers and undercovers quite regularly and while I've had them stare at me for doing so they've never told me to stop.

-shrug- I guess it depends what you look like ..

Posted by: Peter at June 30, 2008 1:13 PM | Quote Comment

Indeed… I will just do a copy & paste…

Here is the meat of the complaint I recently filed with the BC Police Complaint Commissioner– a few things have been snipped for posterity:

I was walking eastbound on Expo Blvd when I noticed a patrol car stopped on the southeast corner of the Expo Blvd and Carrall St. intersection. I stopped to observe on the northeast corner of the intersection. I saw two female officers; one in the car (officer 2), and one outside (officer 1). Officer 1 was standing on the sidewalk, talking to what I believe to be a homeless man. He was visibly distressed and moving bundles of flowers away from the sidewalk. The sidewalk was lined with flowers. There was also an older women of East Asian descent and I am unsure her relationship to any of the parties involved. I crossed the street and continued to observe officer 1 talking to the male subject. I was approximately 5 metres away from officer 1. In my right hand I held a digital camera which was kept at my side. At no point did I take any photographs.

Officer 1 noticed my presence and asked, "Are you with this man?".

I replied , "No". She then asked me "What are you doing?"

I replied, "Standing here, watching."

Officer 1 then approached me and said, "You need to move along."

I replied, "I believe it is a basic charter right to take photos in a public place." Officer 1 replied, "You have no such right to take photos in a public place."

At this point officer 1 was standing approximately 1 metre away from me.

I told her, "I am pretty sure I have that right."

Officer 1 then instructed me "Sir, you are impeding my investigation and if you do not move along I will put you in jail." I then crossed back to the northeast corner of the intersection and continued home.

It is my understanding that not only do I have a right to stop and witness an arrest or any police interaction in a public place, I also have a fundamental charter right to take photos of such an event. I understand that I have this right insofar as I am not disrupting, nor impeding an investigation.

This right is protected under section 2.b) of the Canadian Charter of Rights and Freedoms, namely:

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;

in conjunction with section 7.:

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.

It is thus my understanding that I was explicitly deprived of a fundamental Charter Right on March 15, 2008.

It further concerns me that a police officer would threaten to take me to jail when I have not committed any crime.

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I have been in contact with several authorities on this matter (not going to name at this point) and all have verified that yes, you have the right to take a photo of anything, and anyone in a public place without their consent insofar as you do not go to extraordinary measures, e.g. 500mm into someone's house.
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The VPD is currently investigating this matter and sends me regular updates every couple weeks. They have 6 months to conclude the investigation, so there should be some resolution by September.

Here is a link to basic photographer's rights in Canada: http://ambientlight.ca/laws.php
http://www.photojunkie.ca/archive/2007/01/your-canadian-rights-as-a-photographer/
BC Civil Liberties Association: http://www.bccla.org/

Posted by: Jeff Otto O'Brien at June 30, 2008 2:18 PM | Quote Comment