Chatham-Kent council recently received information about the reasoning behind the installation of signs near a homeless encampment discouraging videography and photography.
The sign, in the public green space on the PUC land on Grand Avenue East, states, “Respect private spaces. No unauthorized audio or video recording.”
North Kent Coun. Rhonda Jubenville, at council’s Sept. 21 meeting, said residents were questioning if the sign is enforceable.
“What is authorized? What is unauthorized? Who issues that authorization? When does freedom of the press come into play?” she asked administration.
Emily Crawford, head of legal services for the municipality, said complaints from encampment residents led to the signage.
“The sign was erected following the receipt of complaints over individuals entering tents and shelters without the consent of the occupants, and sharing it on social media,” she said.
Crawford said the Charter of Rights and Freedoms come into play in this instance, despite the fact the tents are erected in a public park.
“The courts have told municipalities that persons living in encampments have a charter-protected right to live on public lands. When these complaints came to administration’s attention, we had a concern about the security of those occupants,” she said. “The decision was made to place some signage centrally in the encampment area cautioning people that they should not be capturing recordings in private areas.
“We find ourselves in a challenging situation. While it is on public land, they are making private use of that space. There is an expectation of privacy,” Crawford added.
