What Steps Should I Take if My Neighbour Took Pictures of Me on My Property in Canada?

Question from Peter, What Steps Should I Take if My Neighbour Took Pictures of Me on My Property in Canada?

Answer from AI:

Understanding Your Rights

In Canada, it’s generally legal for someone to photograph you without your consent, as long as they’re in a public place or on their own property. However, if the photography is intrusive, harassing, or violates your reasonable expectation of privacy, you may have legal recourse.

Step 1: Document the Incident

The first step is to document the incident. This includes:

• Writing down the date, time, and details of the incident
• Keeping any evidence, such as the photos themselves if you have access to them
• Noting any witnesses

Step 2: Contact the Police

If you feel your privacy has been violated, you can contact your local police department. They can determine if any laws have been broken, such as criminal harassment under Section 264 of the Criminal Code.

Step 3: Consult with a Legal Professional

If the police can’t help, or if you want to pursue a civil case, you should consult with a legal professional. They can advise you on potential legal actions, such as filing a lawsuit for invasion of privacy or nuisance.

Step 4: File a Complaint with the Privacy Commissioner

If the photos were taken for commercial or journalistic purposes, you can file a complaint with the Office of the Privacy Commissioner of Canada. They can investigate and potentially take action against the photographer.

Step 5: Consider Mediation

If the issue is ongoing and causing distress, you might consider mediation. This is a process where a neutral third party helps you and your neighbour resolve the issue. Many communities have local mediation services that can assist.

Note: This information is intended as a general guide and does not constitute legal advice. Laws can vary by province and individual circumstances. Always consult with a legal professional for personalized advice.