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Legalities Of Surveillance

Legalities Of Surveillance

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Did you know? The profession of ‘spying”, in the professional world, referred to as ”surveillance” or “gathering intelligence,” is the world’s second oldest profession.

In order to obtain intelligence on a person or corporation, every Private Investigator will have to perform some type of surveillance at some point. Successful surveillance depends on many factors: skill, team work, proper equipment, good knowledge of the area that the surveillance is executed and, sometimes, just plain luck. Surveillance can be compared to a football game, it too requires preparation and planning.

Private Investigative agencies, and Private Investigators within those agencies, in the Province of Alberta are governed by the Alberta Justice Public Security Division. From the private sector, only licensed Private Investigators have authority to perform surveillance under guidelines set by the Alberta Justice Public Security Division. Persons who are NOT Police, Military, other Government agencies or a licensed Private Investigator, should not perform surveillance. Most individuals who decide to conduct surveillance on their own, tend to do so on a subject that is known to them. Following a known subject and getting caught may cause a serious disagreement or disturbance between the two parties. Such action may be considered as stalking or harassment.

Section 264(1) Of The Criminal Code States:

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Criminal Harassment – Prohibited Conduct – Punishment.
264. (1) No person shall, without lawful authority and knowing that another person is harassed is or recklessly as to whether the other person is harassed, engage in conduct referred in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned is subsection (1) consists of

  • repeatedly following from place to place the other person or anyone known to them;

  • repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

  • besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

  • engaging in threatening conduct directed at the other person or any member of their family.

(3) Every person who contravenes this section is guilty of

  • an indictable offence and is liable to imprisonment for a term not exceeding five years; or

  • an offence punishable on summary conviction.

Note:

The above or any other information on this site is based on opinions and interpretation of the author and is for general information purposes only. This is NOT legal advice. Absolutely do NOT rely on this or any other information on this site without verifying it with your Lawyer.

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