Video Surveillance

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• < Warrant Searches
• < Wiretaps

General Principles

A warrant is only needed when video surveillance is set-up in such a way that it collects information for which there is a reasonable expectation of privacy. So a camera in a public place such as a street does not need a warrant, but a camera filming the inside of a dwelling would need one.

Section 487.01 addresses video surveillance:

487.01
[omitted (1), (2) and (3)]

Video surveillance

(4) A warrant issued under subsection (1) [general warrants – requirements for authorization] that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.

Other provisions to apply

(5) The definition “offence” in section 183 [Part VI - Invasion of Privacy - definitions] and sections 183.1 [sufficiency of consent to interception], 184.2 [one-party consent wiretap] 184.3 [one-party consent wiretap by telewarrant] and 185 to 188.2 [provisions relating to wiretap warrant], subsection 189(5) [notice of intention to produce wiretap evidence], and sections 190 [notice of intention to produce wiretap evidence – further particulars], 193 [disclosure of intercepted information] and 194 to 194 apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) [general warrants – video surveillance] as though references in those provisions to interceptions of private communications were read as references to observations by peace officers by means of television cameras or similar electronic devices of active peace officers by means of television cameras or similar electronic devices of activities in circumstances in which persons had reasonable expectations of privacy.
[omitted (5.1), (5.2), (6) and (7)]
1993, c. 40, s. 15; 1997, c. 18, s. 42, c. 23, s. 13; 2019, c. 25, s. 192; 2022, c. 17, s. 17.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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"person" (s. 2)

Eligible Offences

Section 183 defines "offence" within the Wiretaps provisions.

Requirements

• Applicant must be a peace officer
• Must be authorized by a Superior Court Justice
• Applicant must make out:
  • that there is no ...

A video camera requires a warrant where filming:

• a hotel room
• a washroom stall