Editor's note: Mr. Boileau writes in response to the BayToday story Photos and video prohibited at North Bay Police headquarters.
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Recently, an article written by Chris Dawson was published covering a policy brought forth by the North Bay Police Services about filming and taking pictures in the police station and on the grounds of the building on Princess Street.
This is unlawful. That policy is against the Canadian Charter of Rights and Freedoms. Judging by the comments I see under this piece, it indicates to me that people have an excellent general understanding that this unlawful policy is wrong and are not in favour. But I wonder if people know of the Charter. And yes, it is a Charter Right, not a Constitutional right.
The Constitution is the document that governs people and their rights in the US. Here in Canada, it is the Charter of Rights and Freedoms. I would encourage everyone reading this to make themselves aware of this document to better understand it and how it applies to your rights and the rights of your fellow citizens. The often cited Section 33, the Notwithstanding Claus, is in this document.
The first line in the article is “North Bay Police Services adopted a new policy” prohibiting visitors from taking pictures or videos on the grounds and inside the building of the North Bay Police Services headquarters.
This “policy” is unacceptable. Unlawful. It is in direct violation of Section 2b of the Carter of Rights and Freedoms. This section of the Charter deals with freedoms and lists them. Freedom of religion, freedom of expression, freedom to assemble peacefully, freedom to associate. Freedom of Expression is the relevant section, and it applies to the press and to be able to take pictures and video in a public place.
It speaks to the idea of holding public servants and officials accountable for actions taken while serving the public that may violate rights. I would encourage the Services Board and the City to reconsider this policy before it ends in a situation where the city would be required to pay out an individual because their rights have been violated due to this policy. In other words, after a suit has been brought forth by an individual, the Board and the City are liable for violating someone’s rights under the Charter.
The idea that the Police Services Board believes that they can enact policies that are in direct contravention of Canadian Citizens Charter Rights without that board even considering those rights is an egregious overstep of the authority of the board. A policy cannot overrule a Charter right. And I don’t care how many other police services, whether in Ontario or the rest of Canada, have adopted this kind of policy; it is in contravention of the Charter no matter where it has been adopted.
The article mentions the Trespass to Property Act and the use of this act to enforce the policy. Again, this is an overstep and a misappropriation of the act. The Trespass to Property Act is designed to cover and govern Private Property. In other words, if a private property owner chooses to have the act invoked and have an individual trespassed, they may apply this act. It is meant to protect private property owners from harm to themselves or damage to their property.
The headquarters grounds and buildings are not private property. They are public. Paid for and maintained with public funds. The police cannot trespass a law-abiding citizen from public property. Law-abiding! The policy is not law. And it cannot trump the Charter.
While I would agree there is a need for privacy in the building. There should be limits to where a citizen can and should be allowed to film or take pictures; North Bay Police Service employees are responsible for creating that privacy.
There are rooms in the building where privacy can be made. Similarly, a laptop on the front seat of a police car, being left open for the public to see or not, the service is responsible for creating privacy. The lobby of a public building is not private. If the feelings of a civilian working for the service are hurt, these are feelings. The North Bay Police Service is a Law Enforcement Service. It is not a feelings enforcement service. No one, whether a civilian working for the service or a member of the public walking down a public street, can have an unreasonable expectation of privacy in public. If you want that privacy, stay home.
The employees of the North Bay Police Services, whether police service employees, cops, or civilians working for the service, are public employees, just like any other public employee working in the Post Office, the Service Canada, or Service Ontario facilities. They work for the public, for you. They must be cordial, identify themselves when asked to, and not be afraid of a camera. If you are a civilian working for the service and you don’t like your picture being taken or a video of your interaction being filmed, find something else to do. You are working for the public. The public is not working for you.
Indeed, I am sure the visitor to the facility, any government facility, has passed at least three or four cameras before they even entered the lobby. This alone should be enough to convince the service to do away with this violation of the Charter. It cannot be okay for the service to film you, but not the other way around.
To take this a step further, I would suggest to anyone reading this to always film any police interaction you may have. It is a part of police training to get citizens to freely give up their rights, to freely give up information, and to twist the narrative. They are not your friends. And the conversation is often not consensual. If it should take a turn for the worst and you should find yourself in a court of law, the police will twist things in their favour. The court will always side with the police. If you have a video of the incident, it will not lie or misinterpret.
Don’t get me wrong, most cops are good cops.
One bad apple will spoil the bunch. Those with the proper attitude, training, and a fundamental understanding of the idea that they are to know and uphold the Charter of Rights and Freedoms first and foremost will set them in good stead. Those who understand that they are your employee and your law enforcement will know that a policy that goes against the Charter is not lawful. Unlawful orders do not have to be followed. Lawful orders. Not feelings orders. This policy is illegal.
Rescind it before it is too late, and the city is forced to pay out a settlement because of an unlawful policy. I implore the taxpayers of North Bay to fight this.
Andre Boileau
North Bay
