Tag: Filming

Recently, a video surfaced online of Toronto Police officers doing their job in public. As long as you are not obstructing them or interfering with their work, you have every right to record and photograph them. This video that can be seen here shows police surrounding a male on the ground in restraints, while the police proceed to taser him multiple times. A disturbing video that also may show improper police protocol as the suspect was not seen as a threat at that point in time. Toronto Police are still looking into the events and the officers involved. Granted, viewers do not know what led to this point – so there is very little to consider until the police fill in the rest of the story.

Toronto Police did explain what led to what was seen in the video in an article released by CBC News, where they also apologized. The man seen in the video was at Seaton Homeless Shelter where he assaulted another individual, then proceeded to kick out the window of the cruiser – at which point they had to remove him from the vehicle. He continued to be violent which led to the taser until he finally settled down. They state a majority of what happened is not shown in the video. The man arrested has been charged and faces nine offences -some of which being 2 counts of assault, 3 counts of assaulting a peace officer, and one count of assault with the intent to resist arrest.

Yes, you can film the Police. No, the cannot seize your device.

That’s a message that both citizens and our police force should understand, as it is directed to both parties so long as the recording and photographs are done without obstructing or interfering with their job.

Toronto Police spokesperson Mark Pugash stated in the article from The Star, that the police force has been advised that “if someone is videoing them and they are not obstructing and interfering, they have every right to film.” However, a couple of police officers in the video seem to have not gotten that message and are heard saying they will need to seize the phone, something they do not have the authority to do.

In 2014, The Huffington Post was told “there are First Amendment protections for people photographing and recording in public”, and although it is legal to film and photograph officers, there are indeed many instances we have not been made aware of that devices have been seized.

This morning, Toronto Police reached out to the witness and owner of the video, Waseem Khan, apologizing for their actions – but mainly the comment from the one officer of “you’re going to get AIDS.” You can access the article here. They released these tweets to reassure Mr. Khan that their force will be educated as they hope to right a wrong, all stemming from the recording of a controversial arrest.

1st step in righting a wrong: @TPS51Div officer’s comment simply wrong. You cannot get HIV/AIDS from spit. We’re #sorry. ^vk

— Toronto Police (@TorontoPolice) January 26, 2017

2nd step in righting a wrong: @TPS51Div will bring in outside HIV/AIDS expert to educate their officers. ^vk

— Toronto Police (@TorontoPolice) January 26, 2017

3rd step in righting a wrong: A Professional Standards/Internal Affairs investigation into @TPS51Div incident is underway. ^vk

— Toronto Police (@TorontoPolice) January 26, 2017

This incident was so significant that it gained the attention of the Toronto Police Association and even the Mayor of Toronto, who found the footage ‘disconcerting’ and trusts the Toronto Police to review the matter internally.

This is a prime example of higher authority taking advantage of their position in society, possessing the ability to overpower regular citizens, who may or may not know what rights they do have. Fortunately for Mr. Khan, he knew that what he was doing was perfectly legal, as he did have the right to record the officers in public and was not interfering with their job.

If you feel that you have had your rights violated, please contact our Human Rights lawyer Marty Rabinovitch. If you have any other legal issues, please contact one of our many lawyers at Devry Smith Frank LLP.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”