Council considers guidelines for home security cameras

Do you have a surveillance camera at your home? If so, city officials may soon be offering you a series of guidelines to follow.

In an effort to balance two potentially competing Canadian rights – the public’s right to privacy and homeowners’ right to security – city staff are seeking council’s permission to create voluntary guidelines on the use of home security cameras, but not a regulatory bylaw.

“Home cameras are becoming increasingly ubiquitous in our daily lives,” staff wrote in a report that will be submitted to the City Council’s Committee of the Whole for consideration on Oct. 1.

While municipalities have the ability to restrict the use of residential security cameras, city staff say it would be difficult to balance the public’s right to privacy with individuals’ right to safety.

“A municipal bylaw regulating residential security cameras could therefore be subject to legal challenge under the Canadian Charter of Rights and Freedoms,” the report states. “Furthermore, any restrictions that infringe on the right to security should be as minimal as possible and allow for reasonable security measures.”

The recommendation of guidelines follows the city’s bylaw review process, which aims to ensure that existing bylaws meet the needs of residents. This review may result in staff making recommendations to city council regarding amendments to existing bylaws or the creation of new bylaws.

“For residential properties, individuals can only expect to be filmed in areas visible from the public highway or neighbouring properties,” the report states. “Only the interior of a resident’s property cannot be filmed. However, fenced backyards are a grey area in the law and have been the subject of legal challenges.”

Staff’s review found that bylaws in other municipalities generally only address cameras that capture public spaces or areas other than a resident’s private property.

“However, the field of view captured by a given camera may not be readily visible or adjustable,” staff wrote. “This creates an additional complication for enforcement, as officers may need to access the residence and view the captured images before determining whether the bylaw has been violated.”