That doesn’t always mean you should, but you generally can. You can also photograph or record any place or thing that is visible from a public place, which would include private property as long as you yourself are not trespassing.

There is nothing in our criminal law that makes it illegal to take photos or video in a public place. Other general laws are going to apply. You can’t be a nuisance, and you can’t damage property and you can’t obstruct the police when they are carrying out their duties. You can’t block traffic to get the perfect shot. Short of that, you can generally stand in a public place and take photos of everything and everyone you see.

In fact, you have a Charter right to take photos or record video. The right to freedom of expression protected in section 2(b) of the Charter also protects your right to collect information. Photography and videography are inherently expressive activities and are thus Charter-protected. Any limitation in law on that right would have to be justified under s. 1 of the Charter and any sort of blanket “no photography in public” law would not be justifiable.