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Originally posted by PsykoOps
reply to post by nightbringr
You conviniently leave out the part of him leaving. Hence he wasn't arrested or charged with tresspassing.
As the photographer himself plainly stated, he took a picture, was told not to, then when the policve arrived, he took another as he was leaving.
Originally posted by PsykoOps
(c) does not leave the premises or stop the activity, as applicable, as soon as practicable after receiving the direction, or
(d) re-enters the premises or resumes the activity on or in the premises.
But Markiewicz said the guards quickly turned on him, demanding he delete the photo, which he couldn’t do because he was shooting on a film camera.
Markiewicz said he turned to leave the mall and then snapped a second shot as RCMP arrived.
Originally posted by kalisdad
that once you break these rules and fail to comply with further instructions from the lawfully appointed representatives of the property owner, you are tresspassing.
Canadian Photography Laws » The Laws » Provincial Law » Ontario » Trespassing
Criminal Code, 25.(1): (“Protection of Persons Administering and Enforcing the Law”)
Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private person,
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office,
is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
He admits he started swearing and was then handcuffed by police and taken outside the mall to an RCMP cruiser by the officers and mall security.
Originally posted by kalisdad
(d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
Originally posted by PsykoOps
you're shooting your own argument in the foot again.
Originally posted by kalisdad
(d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
Security guards have no authority to randomly pick on people who are not in violation of any laws or rules. I already posted the law. Despite your attempt to twist the topic so the guards were on the right it has been made perfectly clear that you are wrong.
When you are on private property, what you are allowed to do may be limited by the owner of the property, or by someone acting on the owner’s behalf, like their security guard. If the property owner puts up signs or tells you not to do something (eg: no trespassing, no photography, keep off grass, etc), then disobeying the signs or verbal instructions is trespassing. If you are asked by the owner to leave the property, you must leave immediately, otherwise you are trespassing.
However, if you are taking photographs in a mall, or some other privately-owned-but-open-to-the-public property, and their security guards confront you, they can permit or deny you from doing any activity on the premises, just by telling you. Since they are acting on behalf of the owner, they can control what you are allowed to do, where you are allowed to go on the property, or whether you are allowed there at all. If they tell you that photography is not allowed, continuing to take photographs is trespassing. They may also simply ask you to leave, and by not doing so in an orderly fashion, you are trespassing. They can also ban you from the property, in which case, if you come back, your trespassing.
Originally posted by kalisdad
when the kid went to run away, he stopped because the police were outside the doors. the kid decided to take a picture of them also
when the kid refused to turn over the photgraphs as directed by the lawfully apponted representatives of the property owner, he again, put himself definitavely into the realm of tresspasser.
the kid broke the no photography rules - makes him a tresspasser
the kidwas instructed to delete/turn over the photographs and refused - makes him a tresspasser
the kid went to run - makes him a tresspasser
why is it so hard to understand that this is not about what the general population might consider right or wrong?? ITS THE LAW!
Markiewicz said he turned to leave the mall and then snapped a second shot as RCMP arrived.
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
Canadian Photography Laws » The Laws » Provincial Law » Ontario » Trespassing
If the property owner puts up signs or tells you not to do something (eg: no trespassing, no photography, keep off grass, etc), then disobeying the signs or verbal instructions is trespassing.