Condo Cameras VS the Right to Privacy

Police Surveillance Cameras in Condominiums
Should police be entitled to install video cameras in the condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities?In the case of R.v. Brewster, it was revealed that the police had installed video cameras in the underground parking garages and the hallways of several condominiums. Some of the cameras were installed without a warrant, but with the permission of either the condo manager, or the condo manager and board of directors. Other cameras were installed after the police obtained a warrant authorizing the installations. The police obtained the warrant in the event that they would not be able to obtain the consent of the condo manager or board. However, consent was not refused by any of the condominiums.In all, there were 14 suspects associated with 14 units at 11 different condo buildings that were involved in the investigation. The police felt that video surveillance was necessary as it was not possible to conduct live physical surveillance as the suspects were armed, dangerous and members of organized criminal groups.When the warrant was granted certain restrictions were imposed:§ All observations could only be made by a police officer;
§ All cameras should be installed so as to minimize capturing any observations within a unit;
§ There would be no ability to capture any audio.
While the video cameras did not point directly at any residential unit, there were instances where the cameras captured glimpses of the interior of a unit and residents in the doorway (including residents of the condominium who were not the suspects of the investigation).In one condominium the condo manager gave the police a key fob and access code to gain entrance to the front lobby and the underground parking garage. This was done without the knowledge of the board. After police requested to install a hidden camera in the ceiling of the hallway, the manager obtained the consent of the board to allow the installation, but did not inform the board of the location of the camera.The accused in this case argued that their rights under section 8 of the Canadian Charter of Rights and Freedoms had been violated as the police investigation involved unreasonable search and seizure that was not authorized by law. They took the position that a warrant was required and that the consent of the condominium management/board was not sufficient to lawfully authorize the surveillance cameras.The Ontario Superior Court of Justice determined that the condominium property management and board have the “full authority to determine these kinds of issues, relating to the safety and security of the common areas of the building, including the installation of surveillance cameras”.

The Court also implied that the condominium management or the corporation, itself, had a moral or social duty to assist the police:“. . . the law-abiding citizens of the condominium building are entitled to cooperate with a police investigation, pursuant to their ‘moral or social duty’ and in order to protect their own interest in the security and safety of the building. In doing so, they act through the agency of the building management.”

 The Court also concluded that no warrant was needed to authorize the installation of the cameras in the common elements as police observations and videos of the hallway were no different than police observations and videos taken from the street or sidewalk of a free-standing house. It was also noted that many condominiums have their own video surveillance cameras installed in the common elements to enhance the security of the condominium.

“. . . surveillance cameras are commonplace in the lobbies, parking garages, elevators and hallways of condominium buildings, indicating that the owners accept this reduction of their privacy interest in these common areas that lead to their homes, in favour of collective security. This interest in enhanced security in the common areas of condominium buildings is not surprising, given that a resident of a multi-unit building is living in very close proximity to neighbours who may not be known and who may be suspicious or even dangerous.”” There is no reasonable expectation of privacy (or a very low privacy interest) in common areas like parking garages, lobbies, elevators and hallways, provided that police do not conduct intrusive surveillance of activities inside the apartment or condominium unit from their vantage point in the common areas.”The Court further noted that while there was some interference with the privacy interests of innocent third parties, these instances were brief and were not significant.The accused have appealed the decision. The appeal is scheduled to be heard on April 8, 2019. While the appeal decision will directly affect the accused in the case, the decision will also be of interest to condominium management, boards and residents as it will look at the extent to which police can install  video surveillance cameras in condominium common elements and the privacy rights of residents while on the common elements.

What do you think? 

Liberty Village Condo Explosion

Unless you have been out of touch;  you have seen the news reports about an alleged drug lab within a condominium community ( Liberty Village ) that suffered a catastrophic explosion, blowing out the unit door and damaging the elevators.

Fortunately no residents were injured.

The news reports were numerous.

The incident occurred at a residential building on East Liberty Street shortly after 6:30 p.m., and when firefighters arrived on scene, they found a man inside a sixth floor unit suffering from burns to his hands and face. The man suffered only minor injuries in the explosion, which was so powerful it blew off the door to his apartment. The explosion also blew in the doors of three elevators located directly across from the unit and the apartment door was later located on top of an elevator car four storeys below.
“We were told it was a stove explosion so initially we probably thought it might be natural gas, but it turned out it was chemicals; acetone, other chemicals that appear to be used for making drugs,” Toronto Fire Platoon Chief Kevin Shaw told CP24 Tuesday morning.“It was a pretty substantial explosion that pretty well wrote the entire condo unit off.
Read more: http://www.cp24.com/news/man-facing-drug-related-charge-after-explosion-at-liberty-village-condo-1.2107183#ixzz3JYymfMI4

Other sources also carried reports.

Explosion inside Liberty Village condo blows out elevator doors

CTV News

It happened inside a sixth-floor condominium unit on East Liberty Street, just before 6:30 p.m. Toronto Fire Services say the impact from the blast blew ...

Condo explosion sends one to hospital - Toronto Star

'Gas explosion' at Toronto condo sends 1 to hospital - CBC.ca

Liberty Village condo explosion linked to drug lab - Toronto Star

Some jumped on the story talking about disclosure of what happened in the building and stigma that may stay with the property.  

In bold type this headline is contained here; http://springrealty.ca/?what-happens-when-a-meth-lab-blows-up-in-your-condo&p=5642

Today, your condo is worth less than it was yesterday. Fact…sorry. 

While everyone is entitled to  their opinion the reality will take longer to play out.  The Residents Association came together as a community and posted an update of their own.

Todd Hofley

 at 4:55pm · Toronto issued a statement

Fellow Liberty Villagers’,

As many of you know, there was an explosion that occurred last night at 85 East Liberty St. (an official member of the LVRA), on the sixth floor. While the cause of the explosion is still under investigation, it seems clear that it involved illegal activities and the occupant has now been charged.

Liberty Village is an incredibly close-knit community and we are fortunate that no one was seriously injured and the physical damages, considering the seriousness of the blast, are only to things and not people. This is, undoubtedly, a very scary experience for many affected and we encourage you to continue to reach out and give assistance to your neighbours as emotional and psychological trauma is also a very real possibility.

We are very happy that the community used the LVRA Facebook page to communicate with each other and share important and verified information. This tool alleviated many people’s concerns for their friends and family - making sure everyone was safe and sound. This is a sad incident, but we take comfort in that fact that it is isolated and our community reached out in a way and with a volume that very few communities do - especially condo communities. Of this we should all be proud.

The Board of the LVRA is committed to making Liberty Village the best Urban Village in Canada, and this only reconfirms our direction and belief in the importance of a connected community and knowing your neighbours. Of course, none of this happens without the buy-in of our community and that thanks goes completely to you for participating in and believing in the same vision.

Sincerely,
The Board of Directors
Liberty Village Residents’ Association

Have there been high profile drug labs in other upscale Toronto condominiums?   Yeah of course they are there.  http://www.torontosun.com/news/torontoandgta/2009/09/30/11200691-sun.html

Officers interrupted a cocaine cookup with a high-risk armed takedown early Monday, arresting three people and seizing more than $1.3-million worth of drugs.
They were cooking crack cocaine, "the scourge of the streets," Police believe the sixth-floor unit of the Fort York Blvd.-Fleet St. tower was also used to process methaphetamines -- also known as speed.
Police were surprised at the "significant amount ... a variety we haven't seen in a long time, especially in an upscale condo."

It is a reality of URBAN living that there will be infestations of all varieties.  Crime and vermin.  Units continue to be sold in and around Fleet Street and Bathurst without much ado.   

The aftermath

The building (LV) will need to be inspected to determine if repairs are required. The Board of Directors and the Management company have an obligation to restore / repair the building without delay.  The insurance companies will pay and then sue the  responsible parties.  If the Tenant or Owner had sufficient insurance coverage to indemnify the building.

If there are lawsuits; the Condo Corporation must disclose these lawsuits. The Condo corp will need to also disclose the need for long term repairs if required. Anything else is speculation.

Will the values decline?

I highly doubt that....   a few months from now it will be but a memory.