Problematic or protected? The debate over filming police in real time
Social media posts showing real-time positions of police officers in a standoff with an armed suspect at the University of Toronto's Mississauga campus on Monday night prompted a stern warning from police, but legal experts say the law isn't clear-cut on the issue.
Police say posting real-time positions a 'blatant safety concern,' but experts say law murky
Isha Bhargava · CBC News
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Posting officer positions is 'problematic,' but is it actually illegal?
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Peel police are warning the public not to post videos of officers during active incidents, following an armed standoff that locked down University of Toronto Mississauga's campus. While police caution that broadcasting tactical movements can jeopardize officer safety, experts say whether the practice is actually illegal remains a grey area.Social media posts showing real-time positions of police officers in a standoff with an armed suspect at the University of Toronto's Mississauga campus on Monday night prompted a stern warning from police, but legal experts say the law isn't clear-cut on the issue.
"We saw many members of the public uploading images of the position of police officers during this active incident," Peel Regional Police Const. Tyler Bell said at a news conference on Tuesday. "This is a blatant safety concern. Doing so puts our officers in harm's way and any potential victims or hostages inside."
"Canadians have the right that is constitutionally protected to film on-duty police officers, but that right ends the second it interferes with the police operation or compromises the safety of people involved."
The comments followed a lengthy standoff between officers and a 19-year-old man who allegedly barricaded himself with a weapon inside a residential unit the university's McLuhan Court residence. The school issued a shelter-in-place order for students in the area that was later lifted after police said the man was found dead of a self-inflicted gunshot wound.
Bell said photos and videos of officers in their tactical positions, with weapons pointed toward the buildings were circulating on social media as the incident was evolving. While people are allowed to film police in public settings, he said doing so during an active incident can can jeopardize investigations.
"The act of filming isn't the issue. It's the putting it out so everybody can see it, including bad actors. Giving up the position of an officer can compromise their safety or the safety other others. It's a no-no," Bell said in an interview with CBC News.
"By all means, film it and post it afterwards when the situation safe."
What does the law say?
However, some legal experts say whether the practice is actually illegal is a grey area.
While it is generally legal to film the police in public settings, it can become a problem if it interferes with officers doing their job, said Howard Sapers, executive director of the Canadian Civil Liberties Association (CCLA).
Examples include physically obstructing the police or filming evidence, which could result in a phone being seized.
"The police could advise and say 'We wish you wouldn't do that,' but that's very different from them ordering you not to do it," said Sapers.
"And if they do order you not to do it, the general advice is to comply because that could or could not be a lawful request or a lawful demand. That would be something that could be tested in court, but if you refuse to comply, the refusal becomes an offence."
Sapers says in those instances, people should seek clarity from police on why they're asking them not to record. In the case of Monday's incident, there was no explicit legal order to not film and share.
Police officers and the SIU outside of a student residence at the University of Toronto's Mississauga campus on Nov. 2, 2026. Officers were involved in a lengthy standoff after a 19-year-old man allegedly barricaded himself inside a residential unit with a weapon. (Jacob Estrin/CBC)
Posting in real-time can fall under the umbrella of obstructing a police officer, which is a criminal offence under Section 129 of the Criminal Code, said Howard Morton, a former Special Investigations Unit director and criminal defence lawyer.
But in order for someone to be found guilty, "wilful intention" must be proven, he said.
"You would have to intentionally, with a specific intent, interfere with an investigation — either by jeopardizing an officer or just letting the bad guys know what the police are doing," he said.
"You could interfere by streaming [incidents] live."
Students say social media kept them in the loop
Some students CBC News spoke to, said although they were receiving regular updates with safety instructions from police and UTM campus officials, Instagram and Reddit allowed them to share information and learn why there was a lockdown in the first place.
"I saw one [person] from a window who I think was videoing the police, some other posts were just rumours of what could have possibly happened because when it first happened, no one knew what was going on," said second-year student Efe Otomewo.
"Some people were saying fire, some people were saying shooting, some people saying fireworks were being set off. So that was mostly the way that we got our information."
There was a large police presence in the area of Mississauga Road and Outer Circle Road, at the University of Toronto Mississauga campus, on Monday night. (Zachary Proulx/CBC)
Many students said they didn't share the videos because residence leaders told them not to and they didn't want to add to online rumours.
"More details would've been more helpful but I understand that they can't really give the full rundown to not cause so much panic," said first-year student Beulah Karibo. "But it still creates a panic if people hear there's a lockdown and a shooting.
Meanwhile, Bell said he understands the curiosity but explained police were releasing information on a need-to-know basis, adding that resolving the incident safely was their top priority.
ABOUT THE AUTHOR
Isha Bhargava is a multiplatform reporter for CBC News in Peel Region where she covers everything from local news to current affairs and human interest stories. She was previously with CBC London. You can reach out to her with your story ideas at isha.bhargava@cbc.ca
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