The BC Civil Liberties Association has protested the seizure of still and video cameras by members of the Vancouver Police Department.
In a letter addressed to Mayor Gregor Robertson as Chair of the Vancouver Police Board, BCCLA President Robert D. Holmes wrote:
The BCCLA has now received a number of formal and informal complaints about the practice of VPD members in this regard, and formally ask the Police Board to clarify police policy on this critical issue.
Section 2.9.6 (i)(15) of the Vancouver Police Department Policy and Regulations Manual states the following about the media filming in a public place:
15. The news media can be restricted from entering a crime scene, as with any other citizen; however, members must be aware that news media have the right to film or photograph anyone or any event in a public place, including police officers and their actions.
Holmes's letter lists several incidents, including the April 5 seizure of Province reporter Jason Payne's camera after an alleged car thief was shot, and the claim by a private citizen that police had erased his video of a police shooting on March 20.
Holmes also cited a VPD spokesperson's April 6 statement that the VPD has "the legal right to seize cameras and videotape from the public at their discretion without a warrant."
On being contacted by the BCCLA to ask for the legal authority for these statements, which the BCCLA believe to be wrong at law, the VPD was unable or unwilling to provide the case or statute the VPD relies on for this apparent policy. Superintendent Warren Lemcke advised the BCCLA via e-mail on the afternoon of April 6 that "We support the comments of our media person and are confident we have the authority in law."
Holmes then asked that private citizens be assured of the same guarantees assured in policy to the media:
The BCCLA asks that the Vancouver Police Board clarify policy in the Regulations and Procedures Manual to document the right of private citizens, not just the news media, to photograph or film police activity without fear of detention, the seizure of camera equipment, and the seizure or deletion of photographs or video.
Crawford Kilian is a contributing editor of The Tyee.
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southdeltawalker
2 years ago
Now you see it, now you don't.
The only independent evidence sometimes will be citizen
photo/video evidence.
This what the cops don't want. Indisputable evidence of them "in action" including killing/hurting someone.
After the Dziekanski case-we can see why this evidence is so crucial.
The cops who killed Dziekanski continue with their unbelievable story even in the face of filmed evidence to the contrary.
The Police must not be able to seize citizen evidence. A procedure must be brought in that guarantees that this evidence is not tampered with and the cops are not left alone with it.
Bailey
2 years ago
Destroying evidence
I wonder if it would really be necessary to establish legally that a crime was committed to make a case for obstruction of justice.
As a theft, the seizure of video or photo data is difficult, since there is no fixable value attached. Theft is characterized by the value of the item stolen, obviously a magnetic or optical signal is of little commercial value. Unless there is a demonstrable market, it's value is as evidence.
Destroying evidence of crime is obstruction of justice. But whether a crime was committed is a matter for a court ultimately, so till then the police can claim there was no crime.
But evidence that there was no crime is the other side of a coin. I think destruction of evidence should be obstruction whether it shows crime or not.
The innocent, falsely accused, must have access to the evidence in order to secure justice just as much as the police must have it to prove guilt.
This is not the first complaint against the police for destroying evidence.
I believe it is time to test this practice in court. These policemen should be charged with obstruction, a proper investigation carried out by outside investigators, and the whole matter brought to a court for a decision.
thu
2 years ago
VPD Not Above the Law
Holmes also cited a VPD spokesperson's April 6 statement that the VPD has "the legal right to seize cameras and videotape from the public at their discretion without a warrant."
I find the above statement highly disturbing. The VPD are not above the law, and citizens sometimes need to take law and order into their own hands when the police are too busy handing out traffic tickets instead of dealing with violent crimes being committed all over our city.
The VPD have NO RIGHTS to seize anyone's property without a warrant first. Otherwise, they are breaking the law and violating the Charter of Rights.