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Chief McCaskill must clarify police policy on the seizure of recording equipment

Written on May 19, 2009

nocameras.pngWinnipeg Copwatch is discouraged to hear of another case of Winnipeg police illegally seizing video equipment.  Local media have reported the seizure on Wednesday of a video camera belonging to local filmmaker John Paskievich, known locally for his book of photography, The North End.  To our knowledge, the police have yet to comment publicly on the matter.

The seizure is not an isolated incident.  Last summer, Paul St. Laurent reported that he had the memory card of his camera confiscated by police, and was arrested for “intimidation of an officer,” though he explains that he was at least as far from the incident as other bystanders.

In late 2007, Winnipeg police confiscated the camera of CBC cameraperson Don Scott and arrested him after he refused to stop filming an incident.  Charges were later dropped.

Jon Schledewitz, a photographer then working for the Winnipeg Sun, was arrested and had his camera taken by police in 2006 while taking photographs of police arresting participants in the Critical Mass bicycle ride.  Allegations of police misconduct arose at the event.

Other people known to Copwatch have reported having equipment confiscated, being intimidated into turning their cameras off, and being instructed to delete footage and still photos from digital cameras.

“These incidents are especially worrisome to Copwatch because they have the potential to compromise the rights of all citizens, including those in our group, to oversee the police,” said Copwatch volunteer Alex Paterson.  “Given the great power police wield, transparency and scrutiny are of the utmost importance.”

Kelly Toughill, board member of Canadian Journalists for Free Expression, warned last month that “[t]he police practice of obstructing journalists engaged in crime reporting is disturbingly common in Canada.”

Copwatch is calling on Chief McCaskill to clarify the Winnipeg Police Service’s policy when it comes to recording equipment.  In particular, we are asking him to publicly recognize

  • the right of citizens and journalists to use recording equipment in public, and to record interactions involving the police;
  • that police cannot demand that people stop recording in a way that does not interfere with police;
  • that police cannot demand the deletion of photos or footage;
  • that police cannot arbitrarily seize equipment;
  • that police cannot arrest people for making recordings;
  • that police cannot make spurious arrests with the aim of seizing equipment or footage;
  • that police cannot themselves destroy footage taken by others; and,
  • that taking footage or photographs of police in itself does not constitute “intimidation of an officer”, or any other criminal code offence.

Copwatch would also like the chief to clarify what disciplinary action is to be taken when officers are in violation of these rules.

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