The BC Civil Liberties Association and the Province expressed their satisfaction and thanks after VPD Chief Jim Chu offered an apology and policy changes to address the seizure of Province photographer Jason Payne’s camera.

On Tuesday morning, the BCCLA filed a policy complaint with the Vancouver Police Board citing incidents of alleged police interference with cameras and media. All three incidents were at the scenes of police-involved shootings. By the end of the day, the Province received a letter in which Chief Jim Chu apologized and outlined the reformed policy.

“As police officers we know, or should know, that media personnel have special protections in law, and that a search warrant is the appropriate legal mechanism to seize such evidence from a media person in these circumstances,” Chief Chu stated in the letter. “Unfortunately, the constable was not given the appropriate advice by a senior officer.”

In today’s Province, editor Wayne Moriarty stated “I am happy that Chief Chu has acknowledged that his officers breached their own policy in seizing Jason’s camera and I’m pleased that he has addressed this with his members.” Payne accepted Chu’s apology but rejected the chief’s claim that he “did not immediately identify himself as an employee of the Province newspaper.”

“I appreciate the explanation that Chief Chu has presented but I reject his claim that I did not identify myself immediately as a press photographer for the Province newspaper,” said Payne in the article. “The first thing I did when the police attention was drawn to me was to tell them that I was a press photographer for the Province newspaper. I was there in an official capacity as a journalist and I reject that claim that I did not announce who I was immediately.”

All in all, it was a quick victory for all involved. “I think that Chief Chu recognizes that the officer and the senior officer both acted without legal authority in what they did, and that the citizens need a media that is free from inappropriate interference by the police,” said David Eby, Executive Director of the BCCLA. “We congratulate the VPD in being able to recognize mistakes and moving quickly to correct policy. These are the hallmarks of a police department interested in accountability.” Eby also thanked the Province newspaper staff on behalf of the BCCLA for having the courage to report on the incident, noting that their actions in bringing the case forward have helped improve working conditions for all journalists in Vancouver.

The new VPD policy is described in a “Bulletin” which recognizes that police do not have a blanket ability to take cameras from either members of the public or the media. According to the new policy, police may only seize cameras in instances where there is an arrest, a warrant permitting seizure, or officers have a reasonable concern, grounded in evidence, that the person taking the pictures or video may not be locatable or will destroy the evidence. The BCCLA will be continuing with its policy complaint to ensure that the Vancouver Police include the bulletin as part of their formal policy manual on which all new recruits are trained.

Read VPD Chief Jim Chu’s letter to Wayne Moriarty, the clarification of standards for seizure of video equipment from citizens and media and the article in the Province.

Tags: BCCLA Police Complaints, Freedom of Expression, Privacy, VPD

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