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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 104565
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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Is it illegal for someone to video tape a minor on private

Customer Question

Is it illegal for someone to video tape a minor on private property without parental consent?
Our neighbor continues to video tape my grandson from across the fence and we do not know them.
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 4 months ago.

It is not illegal if your grandson is in plain view of the neighbours.

It would be illegal if they were climbing in bushes, using a ladder, using a special lens etc.

It is all about a reasonable expectation of privacy. If there is no reasonable expectation that the neighbours could not see your grandson then the taping is lawful.

Does that explain the law even though it's not what you were hoping to hear?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
They are actually video taping it out there window so trying to hide that they are video taping, There was once that they hid behind a shed to video tape.
Customer: replied 4 months ago.
What if i put signs up indicating no videotaping or picture taking allowed. It is kind of creepy and starting to bother my grandson.
Expert:  Legal Ease replied 4 months ago.

It is certainly creepy. It is fine to put up signs.

As well, given the weird way they are doing this I suggest you do call the police. I believe the police will warn them to stop.

Also, I am sorry for the delay but my Internet keeps going down.

Expert:  Legal Ease replied 4 months ago.

Is there anything more I can help you with at this point in time?