Posting Images of Alleged Thieves Could Be Violation of Privacy, Quebec Police Say

Quebec provincial police officers block an underpass during an eviction of a homeless encampment under the Ville-Marie expressway in Montreal, July 11, 2023. (The Canadian Press/Christinne Muschi)

A warning by the Quebec Provincial Police (QPP) against posting images of alleged thieves on social media because it might be “a violation of private life” underscores the complex balance between public security and legal rights in Canada.

“You cannot post the images yourself because you have to remember, in Canada, we have a presumption of innocence and posting that picture could be a violation of private life,” QPP Communications Officer Lt. Benoit Richard recently told CTV News.

The QPP did not respond immediately to a request from The Epoch Times for a clarification of his remarks.

Mr. Richard’s comments were made in the context of growing “porch thefts” in the Montreal area.

Montreal West, with its large porches, has become an attractive target for thieves, especially during the holiday season.

Montreal West’s councillor in charge of public security, Lauren Small-Pennefather, told CTV that package theft from homes is a frequent occurrence.

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A recent survey by FedEx highlights a growing trend of porch thefts across Canada. It found that one in four Canadians has experienced package theft. With the rising installation of porch security cameras, more instances of these thefts are being recorded.

Rights

In recent years, complexities have emerged when it comes to Canadian law over what a private citizen is permitted to do in response to crime.

In 2016, the Royal Newfoundland Constabulary (RNC) advised businesses to refrain from sharing images of suspected shoplifters on social media, a tactic considered by some to be “social media shaming.”

At the time, RNC Constable Geoff Higdon warned that such actions could lead to civil liability issues, particularly in situations involving minors.

The B.C. Supreme Court’s ruling on “social shaming” in Pritchard v. Van Nes in 2016 highlights two key points.

Firstly, individuals who post defamatory statements on social media can be held responsible for the harm caused by their comments. Secondly, it signals that courts are ready to hold these individuals accountable for damages stemming from the subsequent sharing or redistribution of their comments, and also for any additional defamatory remarks made by third parties in response to the original post.

If a victim’s actions go beyond sharing pictures, consequences can be serious.

In 2009, an online petition was started by the Victim’s Rights Action Committee calling for the withdrawal of charges against Chinatown businessman David Chen. Mr. Chen and two employees apprehended and tied up a suspected thief at their Toronto grocery store, leading to their arrest and Mr. Chen’s charge of kidnapping, reported the CBC.

The incident sparked community outrage due to frequent thefts from local stores. Lawyer Chi-Kun Shi, who was part of the committee, argued for a change in the law to enable business owners to protect their property, highlighting limitations in the current legislation regarding citizen’s arrests.

Local businesses, frustrated with police response times and rising thefts at the time, hired security guards for the neighbourhood.

After a private discussion with Mr. Chen, who was cleared of his kidnapping charges, then-Prime Minister Stephen Harper announced plans for new legislation to simplify the process of conducting a citizen’s arrest, reported the National Post.

The Act pertaining to Citizen’s Arrest and Self Defence was implemented in early 2013, allowing a citizen’s arrest to take place within a reasonable amount of time after an offence, as opposed to only during it.

The issue becomes especially pressing when lives are on the line and firearms are involved.

In mid-2023, the Crown dropped a second-degree murder charge against Ali Mian, a registered firearm owner from Milton, Ontario, who was accused of shooting and killing a home intruder.

Mr. Mian, 22 years old at the time, encountered five individuals allegedly attempting a robbery in his home in the early hours of Feb. 19. The incident occurred in the house he shared with his mother in Milton.

In 2022, Roger Bilodeau, an Alberta resident convicted of manslaughter for the killing of two Métis hunters, contested both his conviction and the imposed 10-year prison sentence.

He was found responsible for the deaths of Jacob Sansom and Maurice Cardinal, who were fatally shot on a rural road in Alberta following a short car chase in March 2020. Mr. Bilodeau’s defense team argued he thought the two men were stealing from him.

In 2018, the RCMP cautioned residents in Saskatchewan not to use firearms when feeling threatened, following an incident where a homeowner discharged a gun into the air during a purported break-in.