Do you have a security camera at your home? If so, city officials may soon have a set of guidelines they’d like you to follow.
In an effort to balance two potentially competing protected Canadian rights – the public’s right to privacy and homeowners’ right to security – city staff is asking for council’s permission to create optional residential security camera use guidelines, but not a regulating bylaw.
“Home cameras are becoming increasingly ubiquitous in our daily lives,” staff wrote in a report heading to city council’s committee of the whole meeting for consideration on Oct. 1.
Although municipalities have the ability to restrict the use of home security cameras, city staff believe it would be difficult to balance the public’s right to privacy with people’s right to security.
“Thus, a bylaw regulating residential security cameras could be subject to a legal challenge under the (Canadian Charter of Rights and Feedoms),” the report states. “Further, any restrictions that impair the right to security would have to be as minimal as possible and permit reasonable security measures.”
The recommendation for guidelines follows the city’s bylaw review process, which is intended to ensure existing bylaws meet the needs of residents. That review can result in staff making recommendations to city council for changes to current bylaws or the creation of new ones.
“Regarding residential properties, individuals can expect only to be recorded in areas visible from public roads or neighbouring properties,” the report states. “Only the interior of a resident's property cannot be filmed. However, backyards with fences are a grey area in the law and have faced court challenges.”
The staff review found bylaws in other municipalities typically only deal with cameras that capture public spaces or areas other than the resident’s private property.
“However, the field of view captured by a given camera may not be readily apparent or may be adjustable,” staff wrote. “This creates an additional complication with respect to enforcement as officers may need to gain access to the residence and view the footage being captured before determining if the bylaw was breached.”
