Charter of Rights and Freedoms

Canadian Photography Laws » The Laws » Federal Law » Charter of Rights and Freedoms

The Charter of Rights and Freedoms guarantees basic rights and freedoms for all Canadians. However, the Charter only dictates the government’s role.  This means that the government or police can’t stop you from taking photos, just because they feel like it. The charter does not:

  • Relieve you of breaking other laws
  • Relieve you of breaking Civil Law (you vs. another person or company)
  • Dictate what you are allowed to do on someone else’s property
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.

You are guaranteed the right to take photographs, and publish them

You are guaranteed the right to express yourself through photography, and you have the freedom to publish the photos you take. Unless you are arrested, the Charter of Rights and Freedoms guarantees your right to take photographs of anything you want, as well as publish them.

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.

No Interference From Police

The Police can not interfere with your lawful enjoyment of property. They can not search you, detain you, nor imprison you without legal reason.

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.
8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned.

Reasonable Expectation of Privacy

The Canadian Charter of Rights and Freedoms also says that every Canadian is guaranteed a reasonable expectation of privacy. This protects your privacy against unreasonable search, and seizure of your property by the government. For non-government related privacy, see Criminal Voyeurism, and the various Privacy Acts for your Province, they protect your privacy from other people and companies, as well, they protect the privacy of people you photograph.

Canadian Charter of Rights and Freedoms, 8.:
Everyone has the right to be secure against unreasonable search or seizure.

References

  • Canadian Charter of Rights and Freedoms
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I am not a lawyer, and this is not legal advice. For more information, see the Disclaimer.