Elliott Goldstein: Video Evidence.ca

Legal Disclaimer: This collection of articles dates back to 1983. Therefore, some of the legislation, rules, regulations, or case law described in these publications may have been amended, or overruled.

Note: Copyrights in the publications listed below are held by Elliott Goldstein, unless otherwise indicated. Copyright in articles published in Canadian Security magazine or SP&T News is shared jointly with CLB Media Inc. Please respect the copyright law.

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For Security Professionals:

"Arresting for Trespass: A harsh lesson for loss prevention officers having to deal with trespassers" (May, 2000), Pg. 18, Canadian Security Magazine. Based on Chopra v. Eaton Co. (1999), 240 A.R. 201 (Alta. Q.B.)
Click here for 0719165722.pdf

"Buried Treasure: Determining whether the concealment of videotapes depicting crimes is a crime on its own" (October, 2000), Vol. 22, No. 7, Pg. 24, Canadian Security Magazine. Based on R. v. Murray, 48 Ontario Reports (3d) 544 (Ont. S.C.J.).
Click here for 0719162827.pdf

"Dealing With Disclosure: A look at whether ATM surveillance tapes have to be disclosed in court" (February 2001), Vol. 23, No. 1, Pg. 18, Canadian Security Magazine. Based on R. v. D.L.M. [1999] Alberta Judgments No. 1326, 1999 ABQB 875 (Alta.Q.B., Judicial District of Edmonton, per Judge Lee).
Click here for 0719164323.pdf

"Electronically Speaking: The admissibility of digital surveillance images may be affected by recent amendments to the Canada Evidence Act (CEA)" (December, 2003), Vol. 25, No. 9, Pg. 10, Canadian Security magazine. Discusses changes made to the CEA by PIPEDA.
Click here for 0719162239.pdf

"Failure to Respond and the Resulting Legal Liability" (January 1998), Pg. 17, Canadian Security Magazine. Based on Fraser Jewelers (1982) Ltd. v. Dominion Electric Protection Co. et al. (1997), 34 O.R. (3d) 1 (Ont. C.A.) - discusses the enforceability of limitation of liability clauses in alarm monitoring contracts.
Click here for 0719163609.pdf

"Getting Personal: How a new piece of legislation dealing with personal information will adversely affect the industry" (April/May 1999), Pg. 24, Canadian Security Magazine. Discusses Bill C-54, the proposed Personal Information Protection and Electronic Documents Act a.k.a. PIPEDA prior to its enactment.
Click here for 0719164049.pdf

"Going Digital - A precedent-setting ruling sets the stage for successfully using digital video images as evidence" (August/September, 2000), Vol 22, No. 6, Pg. 16, Canadian Security magazine. Based on the British Columbia case of R. v. Cooper.
Click here for 0728115351.pdf

"'Lien on Them' -Fundamentals Of Construction Liens" (June/July, 1995), Vol. 17, No. 4, Pg. 21, Canadian Security Magazine. Provides helpful advice on the use of a method to recover money owed to a supplier/installer. WARNING - this article is current to 1995.
Click here for 0719163502.pdf

"Observations in Education: What the video surveillance in school guidelines from Ontario's privacy commissioner could mean to you" (April, 2004), Vol. 26, No. 3, Pg. 8, Canadian Security magazine. Discusses Ontario's 2003 Guidelines for Using Video Surveillance Cameras in Schools.
Click here for 0719162502.pdf

"Online Transmission - Looking at the legal implications of using the Internet to transmit images recorded from video surveillance cameras" (August/September 2003), Vol. 25, No. 6, Pg. 14, Canadian Security magazine.
Click here for 0719175534.pdf

"Prejudicial Effect - A look at whether the prejudicial effect of a surveillance videotape can make it inadmissible in a court of law" (April, 2001), Vol. 23, No. 3, Pg. 12, Canadian Security magazine. Based on the Ontario case of R. v. Brown (1999), O.J. No. 4865.
Click here for 0719163919.pdf

"Privacy Plea: Surveillance videotape ruled admissible in civil trial despite existence of PIPEDA" (June/July 2005), Vol. 26, No. 5, Pg. 25, Canadian Security magazine. Based on Ferenczy v. MCI Medical Clinics 2004 O.J. No. 1775 [Ont. Sup. Crt. J. file no. C22439/00, unreported decision of Dawson, J. issued April 14, 2004].
Click here for 0719163012.pdf

"Sound Familiar: Videotapes can provide an excellent source of evidence in a criminal trial, but if the audio portion is needed, incomprehensibility will not work in the prosecution's favour" (August/September, 1999), Pg. 20, Canadian Security Magazine. Based on R. v. Keeshig (March 31, 1999, Owen Sound, Ontario, unreported decision of Thompson, J.).
Click here for 0719163713.pdf

"Surveillance in the Unionized Workplace - When using video cameras to record employees, you need to be sure your actions are reasonable" (October, 1998), Pg. 26. Canadian Security magazine. Discusses the test for the admissibility of video surveillance conducted in a unionized workplace. Refers to IPC Practices compliance letter (#10, dated September 1998) available at Ontario's Information and Privacy Commissioner's website: http://www.ipc.on.ca/userfiles/page_attachments/num-10.pdf
Click here for 0719175632.pdf

"The Right to Silence: A look at whether video and audio surveillance affects a person's right to remain silent" (May, 2001), Vol. 23, No. 4, Pg. 16, Canadian Security Magazine. Based on R. v. Pangman 147 Man. R. (2d) 93 (QB).
Click here for 0719164425.pdf

"Video Alibi: Video surveillance has also been used to attempt to prove that the accused did not commit the crime" (May, 2004), Vol. 26, No. 4, Pg. 12, Canadian Security magazine. Based on Hill v. Hamilton-Wentworth Regional Police Services Board et al 66 Ontario Reports (3d) 746 Ont. S.C.J. and R. v. Ranger 67 Ontario Reports (3d) 1 (Ont. C.A.).
Click here for 0719162658.pdf

"Video Evidence in Court" (November/December, 1983), Vol. 4, No. 4, Pg. 12, Professional Protection magazine. This is the first magazine article written by the author.
Click here for 0719161412.pdf

"Video Surveillance in Wrongful Dismissal Cases" (November/December, 1997), Pg. 33, Canadian Security magazine. (Night foreman caught on video sleeping on the job.) Based on Richardson v. Davis Wire Industries [1997] B.C.J. No. 937, Vancouver Registry No. C946330, B.C. S.C. (per Kirkpatrick J.).
Click here for 0719161820.pdf

"When Laws Collide: Assessing the effect of the Charter of Rights and Freedoms on trespass law" (January/February 2002), Vol. 24, No. 1, Pg. 18, Canadian Security magazine. Based on R. v. Asante-Mensah [October 1, 2001 Ontario Judgments No. 3819 {Ont. C.A.}].
Click here for 0719163125.pdf

"When Security is Promised - Cameras & Defective Panic Buttons Can Lead to Expensive Liability Suits" (April/May 1997), Vol. 19, No. 3, Pg. 15, Canadian Security Magazine. Discusses liability arising from use of fake, or 'dummy' cameras.
Click here for 0719163251.pdf

"A Room With a View: Inappropriate video surveillance can lead to a charge of mischief, so it is important to know how to avoid potential problems" (Nov./Dec., 1999), Pg. 22 Canadian Security Magazine. Discusses cases involving the crime of Mischief.
Click here for 0719170047.pdf

"An Expectation of Privacy: Defining the line between appropriate surveillance and an accused’s right to privacy" (August/September 2001) Vol. 23, No. 6, Pg. 31. Canadian Security Magazine. Discusses R. v. Hunt – police officer charged with theft.
Click here for 0720173331.pdf

"Assisted Public Policing: The (in)ability of police to conduct video surveillance in public places" (Oct. 2002), Vol. 24, No. 7, Pg. 9. Canadian Security Magazine. Discusses the findings of the Federal Privacy Commissioner re: video surveillance by RCMP in Kelowna, B.C.
Click here for 0719175201.pdf

"Capturing Images from Videotapes: If you want to capture still images from a video, there are a few things you need to know" (January, 1999), Pg. 20. Canadian Security Magazine. Discusses R. v. Williams – a hockey assault case involving a slow-motion video segment. Contains a checklist of steps to admission of video evidence.
Click here for 0719170604.pdf

"Catching Misconduct: A look at the legalities surrounding the surveillance of unionized employees’ bad behaviour" (May, 2002), Vol. 24, No. 4, Pg. 14. Canadian Security Magazine. Based on Canada Post v. CUPW (2002), 56 O.R. (3d) 457 (Ont. C.A.).
Click here for 0719171109.pdf

"Guarding the Charter: Considering whether security guards are ‘agents of the state’ under the Charter of Rights and Freedoms" (Nov. 2003), Vol. 25, No. 8, Pg. 16. Canadian Security Magazine. Based on R. v. Buhay [2003] S.C.J. No. 3, 2003 (S.C.C.).
Click here for 0719175029.pdf

""Hospital Security – CCTV Helps Both Patients and Staff" (April/May 1995), Vol. 17, No. 3, Pg. 17. Canadian Security Magazine. Discusses use of video surveillance cameras in hospitals.
Click here for 0720133408.pdf

"How CCTV Surveillance Can Serve Us In Court" (April, 1987), Vol. 9, No. 2, Pg. 30. Canadian Security Magazine. The first article written for this magazine. Reviews case law current to March 1987.
Click here for 0719184031.pdf

"Images as Evidence: A look at a British study examining the use of digital images in court" (June/July 2001), Vol. 23, No. 5, Pg. S-4. Canadian Security Magazine. Discusses the report of the Select Committee on Science and Technology of the English House of Lords and the recommendations that were reflected in the Data Protection Act 1998.
Click here for 0719171229.pdf

"Legislative Changes Open Doors" (August/September, 1998), Pg. 24. Canadian Security Magazine. Based on the Tenant Protection Act that allows a landlord to pass on to tenants the cost of improved and increased security service and equipment in the form of rent increases.
Click here for 0719170813.pdf

"Mistaken Identity: The perils of publishing surveillance photos of the wrong person" (November, 2002), Vol. 24, No. 8, Pg. 14. Canadian Security Magazine. Based on a decision of the Federal Privacy Commissioner, dated June 28, 2002.
Click here for 0719171349.pdf

“Sexual Spying: Taking a closer look at the proposed new offence of criminal voyeurism" (December, 2001), Vol. 23, No. 9, Pg. 16. Canadian Security Magazine. Discusses the proposed new Criminal Code offence of ‘video voyeurism’ and lists questions that Canadian lawmakers should address when drafting this legislation.
Click here for 0728115234.pdf

"Showing Proof of ID: Why image quality is critical when trying to identify perpetrators of crime using videotape evidence" (March, 2000), Pg. 14, Canadian Security Magazine. Based on R v. McHugh, R. v. Leaney and Rawlinson, R. v. Nikolovski, and R. v. Pham.
Click here for 0719165944.pdf

"Surveillance and VIPs: A close-up look at a new computer-based surveillance system and its implications" (June/July 2000), CCTV Supplement, Vol. 22, No. 5, Pg. S-20, Canadian Security Magazine.
Click here for 0719170328.pdf

"Surveillance in the Unionized Workplace: When using video cameras to record employees, you need to be sure your actions are reasonable." (Oct. 1998), Pg. 26. Canadian Security Magazine. Discusses the admissibility of surveillance videotapes at arbitration hearings.
Click here for 0719175632.pdf

"Testing Your Legal Knowledge" (June/July, 1999), Pg. 16. Canadian Security Magazine. Take this test.
Click here for 0719170910.pdf

"Using Videotape to Present Evidence in Civil Proceedings" (June, 1985) Vol. 6, No. 1, Pg. 89. The Advocates’ Quarterly. Exhaustive review of the various uses for videotape evidence in the civil courts of Canada.
Click here for 0721171412.pdf

For Lawyers:

"Videotapes, Films, and Photographs: Rules of Civil Procedure" (1988), Vol. 7, No. 3, Pg. 3, The Advocates' Society Journal. Reviews the use of videotapes, films, and photographs under Ontario's rules of civil procedure. Includes a brief history of the use of photographic evidence in Commonwealth courts and a short discussion of its admissibility.
Click here for 0719184336.pdf

For Judges:

"Visual Evidence in Provincial Courts" (Winter, 1999), Vol. 22, No. 4, Pg. 42, The Provincial Judges Journal. Article based on paper delivered at the Annual Convention of the Canadian Association of Provincial Court Judges in Calgary, Alberta on October 9, 1998. Includes Judges' checklist.
Click here for 0720125752.pdf