Is it okay to film the cops in Canada? Today, anyone with a mobile phone and a social media account can quickly and easily upload high-quality videos to a broad audience. Our social feeds are populated daily by numerous self-shot videos uploaded by amateur videographers nationwide.

This has led to welcome transparency, especially regarding the officers we trust to keep us safe. But it’s important for the public to know their rights when it comes to recording law enforcement.

Record the Police in Canada

The simple answer is it’s legal to film cops in Canada. There aren’t any laws that prevent an individual from filming anyone else in a public setting.

That’s the short answer.

As long as you don’t interfere with a cop’s ability to do their job, you are within your rights to keep filming. Use caution, however – obstructing a police officer could lead to jail time or fines.

Generally, if a police officer prevents you from recording them or tells you that filming the police is illegal, the officer is in the wrong. If the police actively prevent you from recording them, they infringe on your rights, guaranteed under the Canadian Charter of Rights and Freedoms.

Canadian Charter of Rights and Freedoms

A police officer may order you to move out of the way in the name of public safety during an active arrest, fire or another hazard, for example. In this case, you can move to a safe distance and keep filming.

The scrutiny of our police forces is at an all-time high in the current political climate. Mobile phones have provided us with a valuable tool to hold public officials to a higher standard and ensure you’re doing so safely.

As protests swept the world in the summer of 2020, many Canadians faced a legal dilemma: when can you film police officers? Luckily, the law is on your side: if you’re in a public space and don’t interfere with their duties, you have every right to record an officer. While police can and will ask you to move away from safety concerns, they can’t stop filming.

Can the police take my phone?

But what if an officer does ask you to put your phone away? Or worse, they ask to take your phone? It’s important to remain respectful — but know your rights. The Canadian Charter of Rights and Freedoms guarantees the right to be free from unreasonable police searches. A 2013 court case determined that it’s an abuse of authority for police to interfere with your filming.

But knowing your rights doesn’t make the situation any less intimidating. Ensure you ask if you’re being detained; if the police aren’t detaining you, they can’t search or take your phone. Keep filming and tell the officer you don’t consent to the search. And should an officer get your phone, you don’t have to tell them your password.

Filming an officer doesn’t mean you have to cooperate in their investigation, either. Canadians have the right to silence — you’re not obligated to answer any questions while filming.

Cases That Made The News

As we consider various high-profile instances of filming the police in Canada that made the media, we reflect on the critical role of citizen journalism in our society. The camera’s power, as held by ordinary citizens, has become influential in bringing forth issues related to police conduct, accountability, and reform.

From the early days of Rodney King in Los Angeles to recent incidents in Canada, these cases highlight the importance of capturing such moments in safeguarding democratic societies.

One such incident unfolded in Toronto in 2019. Reginald Denny, a local citizen, filmed an altercation involving Toronto police officers and a suspect. The video, posted on social media, quickly went viral, leading to extensive media coverage and public outrage. The video showed the suspect, already on the ground and seemingly subdued, being repeatedly struck by an officer.

Capture Footage of Cops in Canada

The Toronto Police Service swiftly responded to the incident, temporarily suspending the officer in question pending an investigation. The incident reignited discussions about police use of force, de-escalation tactics, and the public’s role in holding police accountable.

In another case from Vancouver in 2020, a bystander’s recording of a wellness check sparked a significant public outcry. The video showed an Indigenous woman being forcibly restrained and handcuffed by several Vancouver Police Department officers, leading to accusations of excessive force and racial bias.

The subsequent public scrutiny resulted in the incident being examined at various levels, including by the Office of the Police Complaint Commissioner and an independent inquiry. The incident highlighted the systemic issues within policing, particularly concerning Indigenous populations, and showcased the role of citizen-filmed videos in exposing these issues.

Film the Cops In Canada

A further instance that garnered significant attention occurred in Montreal in 2021. A passerby recorded a video of police officers stopping and searching a Black man without a clear cause, leading to allegations of racial profiling.

The video shared widely on social media, led to widespread public protests and demands for police reform. The Montreal Police faced significant backlash, prompting a review of their stop-and-search policies and an enhanced focus on anti-bias officer training.

The case of Sammy Yatim in Toronto in 2013 brought filming police into the national spotlight. A teenager was shot multiple times and tasered by an officer while on an empty streetcar, with the incident captured on video by bystanders.

The footage played a crucial role in the officer being convicted of attempted murder. It was a stark reminder of the public’s power in documenting police actions.

Gathering and disseminating news

These high-profile cases illustrate the growing trend of everyday citizens filming police activities. When used responsibly, this tool can serve as a crucial check on potential abuses of power and contribute to broader conversations about necessary police reforms.

The smartphone era has democratized gathering and disseminating news, further empowering the public to document and expose misconduct when they see it.

However, it’s worth noting that these instances also raise questions about privacy and the potential for misrepresentation. The public’s right to record police activities must be balanced with the rights of individuals involved, including police officers, who may also be subject to unfair treatment or misrepresentation.

In the Canadian context, these instances have led to a greater understanding and recognition of issues related to police conduct, systemic bias, and the urgent need for reform.

When should I stop filming in Canada?

As a result of these events, significant discussions have been catalyzed around police accountability, use of force policies, and the role of body cameras. The impact of these videos extends beyond the individual incidents they depict, contributing to broader societal and institutional changes.

There are, however, situations where you can’t film the police. If you risk someone’s safety — including yours — or obstruct an investigation, the police can order you to move and even charge you with obstruction. And if you’re filming from private property, the owner can ask you to stop.

Remember, the law is often on your side: if you’re in a public space, not obstructing an investigation or harming anyone, you can film the cops. And they can’t make you stop.

We hope you found this article on whether it’s legal to film the cops in Canada useful.