CAMERA BAN - KNOW YOUR RIGHTS!

 Your Right to Record: Photography, Public Meetings,

Why the City’s Ban on Cameras Should Concern You

What's Happening?

The City of Nanaimo has passed a bylaw restricting the public from recording or photographing in city-owned spaces, including council chambers and possibly even parks or city facilities. But is that legal?

What the Law Actually Says

1. Public Meetings Are Public. Period.

Under British Columbia’s Community Charter (Section 89), city council meetings must be open to the public—except in limited cases (like land or legal issues). Citizens have a legal right to attend and observe.

2. You Can Record in Public Places

In Canada, if you are in a public place, there is no legal expectation of privacy. That includes:

- Streets, parks, and plazas

- City Hall

- Council Chambers during public sessions

Photography and video are legal. So is publishing them, as long as they’re not used for commercial endorsement.

3. Your Rights Are Protected by the Charter

Section 2(b) of the Canadian Charter of Rights and Freedoms protects:

- Freedom of expression

- Freedom of the press

- The right to gather and share information, including through photography and recording

A city bylaw cannot override Charter rights without passing a strict legal test.

“But We Already Record It” Isn’t Good Enough

The City’s argument that “we already record the meetings” misses the point:

- The government cannot be the sole editor of its own public record

- Independent footage ensures accountability, context, and transparency

Can You Be Removed for Quietly Taking Photos?

Not legally, unless you are:

- Disrupting the meeting

- Trespassing in a restricted area

- Breaking a law (not just a policy)

City staff are not law enforcement.

If the RCMP are called, they must have lawful grounds to remove you. Peaceful photography is not a crime.

What Should You Do?

If approached by staff or bylaw officers:

- Be respectful, calm, and clear

- Ask for the legal authority being cited

- Mention your Charter rights

- Record any interaction if you feel threatened or targeted

- Comply peacefully if ordered to leave, but follow up later

Why This Matters to Everyone

Even if you never pick up a camera, this is about who controls the public narrative. When only the government is allowed to document public business, democracy suffers. Transparency dies in silence.

The legacy media may not say it. But we will.

Public meetings belong to the public.
And freedom of expression still belongs to the people.

Disclaimer:

Note: This is not legal advice. For legal guidance, speak with a qualified lawyer.