Can I film or photograph someone to prove what they are doing?
Short answer
In Quebec, every person has a right to respect for their private life (art. 35 of the Civil Code), and appropriating or using their image or voice while they are in private premises, or keeping their private life under observation by any means, is among the acts that may be considered invasions of that right (art. 36).
In detail
Article 35 states that “no one may invade the privacy of a person without the consent of the person or without the invasion being authorized by law”. Article 36 gives a list of examples: entering their dwelling, intercepting a private communication, appropriating or using their image or voice “while they are in private premises”, keeping their private life under observation by any means, and using their correspondence or personal documents.
Article 37 adds a rule that is often forgotten: anyone who establishes a file on another person must have “a serious and legitimate reason” for doing so, may gather only information that is relevant to the stated objective of the file, and may not otherwise invade the privacy or damage the reputation of the person concerned.
An image obtained by crossing those lines is still subject to article 2858: the court must set it aside if the breach of fundamental rights and the use of the evidence would bring the administration of justice into disrepute. The question is always assessed in context, and no one can guarantee the outcome in advance.
What to document
The exact place and time the image was taken, what is visible in the frame, the specific reason the image was needed to prove a fact you have to establish, and the original uncropped file with its metadata.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Civil Code of Quebec, arts. 35, 36, 37 and 2858 (Légis Québec)
- Charter of Human Rights and Freedoms, ss. 4 and 5 (Légis Québec)
Related questions
- How to present photos as evidence?
- Do my journal or personal notes count as evidence?
- Can I tell the judge what someone else told me?
- I have nothing in writing can I prove a verbal agreement?
- The other party admitted something in writing does that count?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.