High tech surveillance industries are big, big business.  And we should be increasingly concerned about how these industries are wooing government.  The Ottawa Citizen reports this week that high tech leaders are “quietly pressing” the federal government to become the trial site for “cutting edge products”.   Governments sometimes find it politically expedient to promote massive surveillance technologies as part of a “tough on crime” agenda, no matter how damaging to citizen rights or how lame or non-existent the evidence is that the surveillance actually reduces crime.  And now we have the high tech industries asking governments to become showcases for their intrusive surveillance technologies.

How worrisome is this development?  Very.  Keep it in mind as you read the following press release about the new Victoria Police Department pilot project of officers rigged out with audio-visual recording devices.  A little experiment in electronic surveillance that is being sponsored by the manufacturers of the devices who have made the equipment available on “loan”.

BCCLA Says Police “Body-Worn” Video Cameras Not About Police Accountability

Would you like your privacy invasion super-sized?  Not only is the Victoria Police Department implementing a policy of unlawful mandatory searches for alcohol during Canada Day celebrations, they have announced they will be invading your privacy with warrantless recordings as well.  The Victoria Police have announced the launch of a “pilot project” of police using “body-worn” video cameras attached to sunglasses and bicycle helmets.  The devices, which are for both video and audio recording, are being touted by the police as not only surveillance of citizens, but as a tool for police accountability.

Rob Holmes, BCCLA President said, “’Surprise! You’re on candid camera!’ is not a lawful policing practice.  That’s why the law requires a warrant from a judge before intercepting private communications.  This Victoria Police plan for Canada Day may be just as unlawful as the dragnet alcohol searches.  Little information has been made available to assess this proposed experiment.  The idea that it is being done as a police accountability tool sounds ridiculous.  Officers control when the devices are off and when they are on.  No one is naive enough to imagine that police officers will voluntarily record themselves committing an improper act.”

The Victoria Police have not disclosed which two device manufacturers have “loaned” the devices for this pilot project.  TASER International manufactures these devices and their model allows officers to flick them off for “off-the-record” conversations.  Const. Brendon LeBlanc has been quoted saying that the plan is for officers to inform people they are being recorded, but he asserts at the same time that  they are not required to do so.  The recordings are set to transmit to a desktop system at the police station.

Rob Holmes:  “Police are not free to use surveillance technology at whim.  Important questions about our civil rights and protection are involved.  Let’s not get side-tracked with a diversion over police accountability.  If this were really about monitoring the police, the recordings would go to some neutral third party, like the Office of the Police Complaints Commissioner, for review, not to a police station.  It’s no coincidence that the video recordings of police misconduct have come from citizens and not the police. If accountability is really the issue, this isn’t the right model.  The spin the Victoria Police Department is trying here shows a low estimation of what Canadians think of their constitutional rights.”

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.

The BCCLA managed to capture the front cover of the Province today after filing a complaint with the Vancouver Police Board asking them to clarify VPD policy on seizing cameras. The complaint was sparked when Province photographer Jason Payne alleged he was threatened with a criminal charge and assaulted after refusing to turn his camera over to police after taking pictures following a police shooting.

Police spokeswoman Const. Jana McGuinness echoed section 2.9.6 (i) (15) of the VPD Policy and Regulations Manual, stating “it’s not [VPD] policy to take video or cameras away from the media.” However, this is not an isolated incident:

Most disturbingly, all three incidents of seizure involve police shootings. In the latter, Adam Smolcic alleges the VPD officer who seized his cellphone camera deleted the footage. In light of this incident, the BCCLA demanded that the Vancouver Police Board clarify the rights of private citizens, not just the news media, to photograph or film police activity.

Read the BCCLA complaint and the article in the Province.