Voir la source de Vidéosurveillance

[[en:Video Surveillance]]
{{HeaderWiretaps}}
==General Principles==
{{seealso|General Warrants}}
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,<ref>
{{CanLIIRx|Esfahanian Ershad|1cqqr|1991 CanLII 281 (BC SC)}}{{perBCSC|Davies J}}<br>
{{CanLIIRx|Bryntwick|1cnm0|2002 CanLII 10941 (ON SC)}}{{perONSC|Dunn J}}
</ref> but a camera filming the inside of a dwelling would need one.

Section 487.01 addresses video surveillance:
{{quotation3|
487.01<br>
{{removed|(1), (2) and (3)}}
; Video surveillance
(4) A warrant issued under subsection (1) {{AnnSec4|487.01(1)}} 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.
<br>
; Other provisions to apply
(5) The definition “offence” in section 183 {{AnnSec1|183}} and sections 183.1 {{AnnSec1|183.1}}, 184.2 {{AnnSec1|184.2}} 184.3 {{AnnSec1|184.3}} and 185 to 188.2 {{AnnSec1|185 to 188.2}}, subsection 189(5) {{AnnSec1|189(5)}}, and sections 190 {{AnnSec1|190}}, 193 {{AnnSec1|193}} and 194 to 194 {{AnnSec1|194 to 194}} apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) {{AnnSec4|487.01(4)}} 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.
<br>
{{removed|(5.1), (5.2), (6) and (7)}}
{{LegHistory90s|1993, c. 40}}, s. 15; 
{{LegHistory90s|1997, c. 18}}, s. 42, c. 23, s. 13;
{{LegHistory10s|2019, c. 25}}, s. 192;
{{LegHistory20s|2022, c. 17}}, s. 17.
{{Annotation}}
|{{CCCSec2|487.01}}
|{{NoteUp|487.01|4|5}}
|"person" (s. 2)
}}

; Eligible Offences
Section 183 defines "offence" within the [[Wiretaps]] provisions.<REf>
see
</ref>

; 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 <ref>
{{CanLIIRP|Wong|1fsq9|1990 CanLII 56 (SCC)|[1990] 3 SCR 36}}{{perSCC|La Forest J}}</ref>
* a washroom stall <ref>
{{CanLIIRP|Silva|1w0tx|1995 CanLII 7242 (ON SC)|34 CRR (2d) 93}}{{perONSC|Zelinski J}}</ref>


{{reflist|2}}