I carry my camera with me everywhere I go. I know I'm not alone on this because as photographers we know that the greatest shots often come at the least expected times and I never want to be unprepared for those great moments.

I also like to take street shots to document the general goings on of the city and those around me and I can't imagine not being "allowed" to do this. I also can't imagine what the world of photography would be without the astounding images of Cartier-Bresson or Garry Winograd.

However, in our current fearful society photographers are becoming increasingly harrassed for taking pictures. I've been approached time and time again by mall security, managers of stores or even random people on the street asking if they were in my picture and I'm one of the relatively cautious ones about this! I know many people who aren't and as my own personal philosophy I like to protect the wishes of those who choose not to be in my pictures but being told by people that I'm "not allowed" makes me mad.

Apparently here in Vancouver we aren't allowed to take pictures in the skytrain stations. This was made very clear to me by security at the Granville Street Station when I asked if I could take pictures. The security guard on duty told me that since 9/11 they have become extremely sticky about picture taking in the stations however I didn't look like a terrorist so sure, I could go down the escalator into a "paid fare zone" (without a paid fare, I might add) to take a couple of shots. (I will refrain from leaving my thoughts on what terrorists "look like" and double standards and the like...)

I'm not sure exactly what people get so up in arms about. Ironically, unrestricted photography by private citizens has played a huge role in protecting the freedom, security and well-being of all people. In fact, photography has contributed to improvements in civil rights, curbed abusive child labor practices, and provided important information in investegating crimes. Photography has not contributed to a decline in public safety. No terrorist acts have ever been dependent on or even involved photography and restrictions on photography would not have prevented any of these acts.

Awhile back a friend sent me this link to a Photographers Rights from a legal standpoint when photographing public places. Unfortunately it's an american version and I've yet to find anything similar done up specifically for Canada.

As someone who shoots often and gets harrassed nearly as often I feel it important to know the things laid out in this article.

In case you don't click the link here are a few of the points I found most interesting:

1. Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations.

2. Anyone can be photographed in a public place without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, etc.

3. The following subjects can almost always be photographed lawfully from public places: accident and fire scenes, children, celebrities, bridges and other infrastructure, criminal activities, law enforcement officers.

4. security is rarely a legitimate reason for restricting photography.

5. You are under no obligation to explain the purpose of your photography nor do you have to disclose your identity except upon request by a law enforcement officer. (NOT A MALL SECURITY GUARD!)

6. Absent of a court order noone has the right to confiscate your film. Doing so can constitute a criminal offence such as theft, coercion or harrassment.

Disclaimer: This is a general education guide about the right to take photographs and is necessarily limited in scope. This is not intended to be legal advice.