Are Pictures Taken in a Home Private?
The Supreme Court of Canada recently dealt with the question of privacy rights over personal pictures taken in a home.
In 2001, Agnes Weil, from Halton, Ontario delivered some photographs taken in her home to get developed at the nearby Black's Photography. The photographs showed some marijuana plants growing in the house. The employees of Black's Photography took it upon themselves to deliver copies of the photos to the police, before the originals were returned to Agnes. A few days later, the police obtained a search warrant and went to the Weil's home and seized the marijuana plants. The Weils were then charged with possession of marijuana for purpose of trafficking and production of marijuana. The Weils brought a motion before the Court to throw out the charges, because the basis of the search, being the pictures, had violated their Charter Rights to be free from unreasonable search and seizure. This motion was successful and a few days later, the charges were dismissed for lack of evidence.
The Weils then brought a legal action against Black's Photography and the police officers involved in the investigation for $1.4 million, for breach of their charter rights and copyright.
The moral of this story for realtors is to remember that pictures taken in someone's home are private. Extreme care should be taken before they are put on public display.
Paul G. Pharo is a Lethbridge Lawyer
