Strike said:
If the photos were taken on private property or of private property there is a reasonable expectation of privacy unless there is an extenuating circumstance that says otherwise. For a reporter they could say that the event is newsworthy, which would be considered a reasonable circumstance (since who are we to say what is or isn't newsworthy). Hence my remark about proof that this person is a member of the press. Even freelance photogs and reporters have recognized credentials.
From the information provided, or what I've read of it, I would say that there was no expectation of privacy and therefore this fellow was free to take photos at will. So long as he stayed on public property. As for how everyone handled themselves, military and civilian, that's another matter.
I come across this on two fronts, I'm retired CAF and I'm an amateur photographer. I've had to familiarize myself with the laws in Ontario and the Maritimes when it comes to taking pictures in public spaces. To oversimplify it, even on your own private property, in certain circumstances, you may have no reasonable expectation of privacy. if you're clearly visible from a public space than someone will not normally be charged if they take a photo that you're captured in. There are many exceptions to that; I.e. photos for commercial purposes (Google Street View), or if someone is harassing/stalking you, or trying to embarrass you,etc. You could have a thousand different discussions on a thousand different scenarios - hence why I'm grossly oversimplifying. But suffice to say there is no blanket law that prohibits an individual from taking a picture of someone on private property. Depends on the circumstances; and such laws are normally at the municipal or provincial level; and so long as they're not involved in Criminal Code of Canada, 162. (1): (“Criminal Voyeurism”). Nice aide-memoirs here http://ambientlight.ca/wp-content/uploads/Ontario-Photography-Laws-V1.0.pdf
The circumstances here, as I've read them, are that public officials (DND/CAF), not private individuals, were going about the course of their duties in view of a public street/property. You'd be hard pressed to find any judge, or cop, who'd say that any individual could not take pictures. Only mitigating factor might be if he had to get himself into some weird position (up in a tree in a public park, or put his camera on a long pole to see over a fence or into a window) to see something which he couldn't conventionally see from the public space; and that doesn't seem to be the case here.
A few years ago, I was returning from dropping someone off at a restricted facility in Ottawa, for a midnight shift. I passed by a field that just happened to have an awesome unobstructed sight line with a full moon that was low in the sky. I pulled my vehicle far off the shoulder of the road, engaged my hazard lights. Got out with my camera/tripod and setup for a shot. The wired fence, colour of sky, yadda yadda yadda, made for a nice picture. After a few minutes a Ottawa City Police cruiser stops to check me out. I present my ID, state what I'm doing, mention that yes I know that the land beyond the fence is DND no-trespassing property, I'm retired military and familiar with the NDA which is why I stayed on public property and didn't point my camera at the buildings, etc. I politely point out that I 'believe' I'm on public property, so while I understand why he stopped, I asked if I'm doing anything wrong. He stalled for a few minutes and took my licence. I presumed to run the plates/ID. After a few minutes another cruiser pulls up with another officer, who asks the same questions - to which I reply the same answers and again ask if I'm doing anything wrong. These guys were both kind of young, but since they are the same rank, and I was actually pretty sure that the first officer had more seniority, I was curious as to why the second officer. They must have sensed my patience was running out, because in the midst of the chatter they let me know that he's an ex MP; and they're debating whether to call Ottawa's MP detachment. I had to ask that since they agree I was on public and NOT DND property what lawful authority did they expect the MPs to have in the matter? To their credit the MPs refused to respond. After about 20 minutes, they thanked me for my patience and time, and I genuinely thanked them for being observant and doing their jobs, and we all wrapped it up and went our separate ways.
A fairly uneventful encounter - but if it had gone any further I would have become more than a little perturbed, and asked them to either charge me, or leave me to go about my business. Since I'm a citizen on a public space who they couldn't seem to find anything illegal about my activity. Now of course they could have been idiots and told me to stop loitering with my vehicle, or probably another 1/2 dozen highway act/municipal reasons to move my car - but they didn't. Common sense prevailed, but I wonder if I hadn't had +20years in the forces, pretty much talked their lingo and I'm pretty sure they could tell that I wasn't intimidated by the uniforms or when the ex-MP mentioned the NDA trespassing regulations - which I countered with the fact that I was on the wrong side of the fence for them to be having that discussion with me about - I smiled, he smiled (but I don't think his thoughts were happy ones). Most civilians would likely have been intimidated into moving along faster.
Yes - you (not you specifically Strike) could argue that people taking pictures near defence installations or soldiers/cops are asking for trouble, but that's not the point. The point is that if someones not in violation of the law they should not be fearful of their police/military. HOWEVER, I find nothing wrong with engaging such people to remind them that they are close to private/DND property, so please confine their activities outside those property lines. The patriotism slag was an unfortunate one; and highly unnecessary. Questioning the patriotism of someone over such a matter is trivial at best, and at worst it reinforces many civilians fear that we're becoming too much like Uncle Sam. I'd have been hard pressed not to shove my telephoto lens up that guys … where the sun don't shine.
Personally, even if I'm going to take a picture of something as benign as lovely flowers that are on someones property, even if I'm on a public street/sidewalk, I'll usually ask them first. Not really necessary, but a nice neighbourly thing to do. Also a nice icebreaker for meeting the neighbours.