A little more than two months after Province photographer Jason Payne’s camera was seized by the police, the VPD have issued written policy to prevent such an incident from happening again.  The VPD should be applauded for their quick and decisive action in remedying this policy gap.  The BCCLA intends to withdraw its complaint regarding the incident.

Const. Lindsay Houghton says the policy “has always been there, but now we’re putting it in writing and making it official in our regulations manual”.  The newly written policy states that officers must have consent or a warrant to take a member of the public’s property, unless they reasonably (based on articulable facts) believe evidence will be lost or destroyed if they don’t seize the property, or the person is under arrest.

It’s unfortunate that Houghton states that obtaining a warrant could stall an investigation.  Due process is not an inconvenience for police officers, it is their duty.  As well, officers must also explain the details of when property will be returned in order to obtain proper consent.  RCMP officers originally told Paul Pritchard they would keep his video footage for a day or two, but once in their hands, the RCMP stated that they would keep the footage for 1.5 to 2.5 years.  Mr. Pritchard was forced to threaten to sue the RCMP to regain his property.  The BCCLA made a police complaint stating this was active suppression.

The Province reported the policy change today and check here and here for further background on the story.

Tags: BCCLA Police Complaints, Freedom of Expression, Search & Seizure, VPD

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