Canadian Teenager Arrested For Photographing Mall Takedown
blackfrancis75 writes "An aspiring teenage journalist in B.C., Canada who witnessed a mall takedown and decided to photograph it (using a real-film camera), was told to 'delete' the photo by security guards. He (quite legally) refused to do so, and when local police arrived they assisted mall security in pushing him to the ground, handcuffing him, cutting off his backpack with a utility knife and searching it. 'He said the security guards held him, attempting to grab his camera, and he was pushed to the ground. He said he then tried to use his body to protect two cameras he carried in his bag.
"They're just yelling and screaming, and just telling me to stop resisting," Markiewicz said.'"
I don't much like the litigious nature that has invaded our society But... I hope he sues their arses off.
...you should never assume that capturing photons flying through public spaces is illegal. Ever.
you shouldn't assault a kid when you are unsure of the legality of taking pictures
When legality is defined by whatever a mall security guard says then nobody can ever be sure about what is or is not legal. That's why we have laws codified by government and available for everybody to read. Security guards don't get to make it up as they go.
Not Canada, but:
By the express terms of the statute, a person has no right to resist arrest by flight or any other means, even if the arrest constitutes an unreasonable seizure under the constitution. N.J.S.A. 2C:29-2(a) provides: "It is not a defense to a prosecution [for resisting arrest] that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance." That provision codified this State's then-existing common law, which required that a person submit to an arrest, even if illegal.
You are not allowed to defend yourself.. That's the law.. I guess we're supposed to suck it up, as the saying goes..
“He’s not deformed, he’s just drunk!”
You, the security guards, and the police are the only idiots unsure of the legality of taking a picture. The rest of us aren't retarded.
A mall is private property.
It is private property that is open to the public unless you have been specifically banned from there. And for it to be illegal to take pictures inside a mall or any publically accessible but privately owned facility, there need to be signs posted at the entrances clearly stating such a prohibition.
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A site on Canadian law regarding photography:
"If the property owner puts up signs or tells you not to do something (eg: no trespassing, no photography, keep off grass, etc), then disobeying the signs or verbal instructions is trespassing."
http://ambientlight.ca/laws/the-laws/provincial-law/ontario/trespass-to-property-act/
"The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
Wrong province. BC's law is broadly similar though.
http://ambientlight.ca/laws/the-laws/provincial-law/british-columbia/trespass-act/
They can tell him to stop photographing and/or leave the property. If he doesn't do so "as soon as practicable after receiving the direction", then it's trespassing and they can call the police and have him arrested. They ARE NOT allowed to seize his property nor order him to delete any pictures already taken.
upon the advice of my lawyer, i have no sig at this time
I have seen them do it in many clips on the internet by now: they assault an innocent victim, all the while chanting "Stop resisting!"
Apparently the idea is to make it look like the person is resisting arrest, justifying their use of force.
It's complete bullshit of course. Which is precisely why we need those cameras.
It's private property but you still can't be assaulted over taking a picture. You can tell someone to leave and not come back, refuse to serve someone, ect but nowhere does the law allow you to be physically retrained and your person property cut off from you for taking a photo. No free society should ever tolerate such completely and utter b.s.
Slashdot users amaze me. They're experts not just on U.S. law but Canadian law as well!
It's a thing called common sense. Try using it sometime and you will see how liberating it can be. This common sense stuff allows for discussions on any number of topics without having to be fully schooled in the subject and a practitioner in that field. It also allows you to go about your day to day life without having to appeal to some higher authority for permission to engage in most anything you feel like doing that is harmless to all.
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A mall is a privately owned public place. If you invite the public into your privately owned property it is a public place and there is a limit to the crap you can throw at them.
What the RCMP officers did VERY wrong was to blindly take sides in a dispute, helping an aggressor against his victim. They arrived to the scene where suspect A was assaulting, holding down and trying to destroy property of suspect B who was resisting the aggression and trying to protect his property. Then they proceeded to cuff suspect B (the victim), damage and confiscate his property, and arrest him; all while leaving suspect A (the aggressor) free.
Stopping taking pictures on private property is one of the things the someone can be told to do.
This wasn't about stopping taking pictures - the demand was to delete the pictures. Which he couldn't - it's a film camera. And it's not something they're legally entitled to under Canadian law. From the story:
Lawyer Douglas King, of Pivot Legal in Vancouver, agrees, saying that private mall security guards and police have no right to try to seize someone’s camera or demand that photos be deleted — even on private property.
The security guards made an illegal request that they thought they could get away with - and usually they would have because people are easily cowed. In this case, the kid couldn't comply, they didn't pay attention, and they escalated the situation for no reason. I'm hoping the mall gets sued.
Let's not stir that bag of worms...
1) Security guards are pinning somebody down in a mall
2) Kid takes pictures
3) Mall 'cops' demand he delete photos from his *film* camera
4) Kid declines, tries to leave (while taking more pictures)
5) Guards assault the kid (unlawful, because all they're allowed to do is remove him for trespassing unless he's committed a crime, in which case they can hold him for police)
6) Kid is swearing and mouthing off (no shit!)
7) RCMP shows up, sees unruly teen being held by mall cops, and cuffs the kid.
8) Genius cop decides that to search the kid's backpack, he's going to cut the straps to get around the handcuffs
The real cops made some minor decisions that make things look worse, but given the circumstances I'm not sure we can really blame them. If the kid had kept his cool and done something smart - like politely request the guards be arrested for assaulting him when all he'd done is take a picture instead of cursing and being mouthy, this could have been a much funnier story.
Neither the kid nor the real cops handled the situation perfectly, but the real villains here are the minimum wage mall cops who should all be fired. If I were that kid, I'd be putting up their photos (and he still has those!) on a nice web site with the caption, "I work at Metrotown shopping mall in Burnaby, B.C., and I assault mall patrons for taking photographs, with the full support of the mall owners."... I bet things would change pretty damn quickly once that shitstorm caught on with the local news.