"In both Canada and the U.S., there is little or no basis for preventing anyone – journalist or ordinary citizen – from taking photos in a public place. Authorities might be justified in asking a photographer who was obstructing emergency workers or security personnel to get out of the way, says Peter Jacobsen, partner at Bersenas Jacobsen Chouest Thomson Blackburn LLP in Toronto and member of the board of Canadian Journalists for Free Expression (CJFE), and if that photographer refused to move he or she might be arrested. The publication of certain images might prejudice an investigation or trial, and an officer at the scene might warn a photographer of that, but the issue would be publication, not the taking of the photo.
“'Generally speaking,' Jacobsen says, 'when you’re on public property you can take any pictures you want.'”
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