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  #1541  
Old 01-21-2020, 12:21 PM
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Quote:
Originally Posted by Lumutqueen View Post
No they aren't. They apparently warned the media not to use the pictures taken on the dog walk. She was in a public place, and looked very happy to be papped from my point of view.

Anyone notice how Henry landed with barely any luggage? Either he's bought a whole new wardrobe whilst in Canada or he's left a lot of stuff at home.

Handbaggage, I think. The rest would have been unloaded and brought to his next flight without being pictured.
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  #1542  
Old 01-21-2020, 12:24 PM
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Quote:
Originally Posted by Kataryn View Post
Handbaggage, I think. The rest would have been unloaded and brought to his next flight without being pictured.
Except, Henry steps from his flight to Vancouver Island, gets straight in a car and then drives off. No loaded luggage at all.
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  #1543  
Old 01-21-2020, 12:35 PM
Nobility
 
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Quote:
Originally Posted by Lumutqueen View Post
Except, Henry steps from his flight to Vancouver Island, gets straight in a car and then drives off. No loaded luggage at all.
They dont pick up tbeirboen luaggage. Someone else does or they send it on.
  #1544  
Old 01-21-2020, 01:21 PM
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Please note that a number of posts have been deleted/edited including responses as they were off-topic for this thread. Please concentrate on General News here and not start a re-hash of everything being said in the "Stepping back" thread. Further posts better suited to the latter thread will be deleted without notice.
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  #1545  
Old 01-21-2020, 01:40 PM
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Quote:
Originally Posted by Lumutqueen View Post
Except, Henry steps from his flight to Vancouver Island, gets straight in a car and then drives off. No loaded luggage at all.
Maybe there is no luggage because it is a staged shot?
  #1546  
Old 01-21-2020, 01:51 PM
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https://twitter.com/Lex_Rajah/status...916865/photo/1

Interesting info about privacy laws in B.C. Assuming this is accurate!


LaRae
  #1547  
Old 01-21-2020, 01:59 PM
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Quote:
Originally Posted by Pranter View Post
https://twitter.com/Lex_Rajah/status...916865/photo/1

Interesting info about privacy laws in B.C. Assuming this is accurate!


LaRae
HA, somebody in the SR camp did do their research didn't they!
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  #1548  
Old 01-21-2020, 01:59 PM
Serene Highness
 
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Quote:
Originally Posted by Pranter View Post
https://twitter.com/Lex_Rajah/status...916865/photo/1

Interesting info about privacy laws in B.C. Assuming this is accurate!


LaRae

Interesting...wonder if that's why they are in British Columbia?


More information: https://bccla.org/privacy-handbook/m...ivacy2-11.html

See:


The judge is required to rule that there was no privacy invasion if:
5. the defendant is a journalistic publication, and the matter is of public interest or was fair comment on a matter of public interest. These journalistic protections do not extend to the way the information was obtained if the information was obtained through a violation of privacy. That is, the journalist’s source may not be protected by the journalistic exception;

I wonder what constitutes "public interest" in British Columbia?
  #1549  
Old 01-21-2020, 02:01 PM
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Quote:
Originally Posted by Lumutqueen View Post
HA, somebody in the SR camp did do their research didn't they!

They certainly did! Smart. I'm guessing they won't be moving to Toronto etc.

I hear B.C. is a beautiful place to live.



LaRae
  #1550  
Old 01-21-2020, 02:01 PM
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Quote:
Originally Posted by Pranter View Post
https://twitter.com/Lex_Rajah/status...916865/photo/1

Interesting info about privacy laws in B.C. Assuming this is accurate!


LaRae



Interesting ! If I am not mistaken, under the constitution of Canada, "property and civil rights in the province" fall exclusively under the jurisdiction of the provincial legislature (Sec. 92 of the Constitution Act, formerly British North America Act, 1867). So that may well be indeed an example of specific B.C. law as opposed to Canadian federal law. Can anyone confirm it ?


It is really interesting how Australia and Canada are federal states (not unlike the US) , but with a parliamentary system of government under the Crown as in the UK (a unitary state).
  #1551  
Old 01-21-2020, 02:04 PM
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Quote:
Originally Posted by Gawin View Post
Interesting...wonder if that's why they are in British Columbia?


More information: https://bccla.org/privacy-handbook/m...ivacy2-11.html

See:


The judge is required to rule that there was no privacy invasion if:
5. the defendant is a journalistic publication, and the matter is of public interest or was fair comment on a matter of public interest. These journalistic protections do not extend to the way the information was obtained if the information was obtained through a violation of privacy. That is, the journalistís source may not be protected by the journalistic exception;

I wonder what constitutes "public interest" in British Columbia?
Here's more (which may overlap your post):


The nature and degree of privacy to which a person is entitled in a situation or in relation to a matter is that which is reasonable in the circumstances, giving due regard to the lawful interests of others.

In determining whether the act or conduct of a person is a violation of another's privacy, regard must be given to the nature, incidence and occasion of the act or conduct and to any domestic or other relationship between the parties.

Without limiting subsections (1) to (3), privacy may be violated by eavesdropping or surveillance, whether or not accomplished by trespass.
  #1552  
Old 01-21-2020, 02:08 PM
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Quote:
Originally Posted by Mbruno View Post
Interesting ! If I am not mistaken, under the constitution of Canada, "property and civil rights in the province" fall exclusively under the jurisdiction of the provincial legislature (Sec. 92 of the Constitution Act, formerly British North America Act, 1867). So that may well be indeed an example of specific B.C. law as opposed to Canadian federal law. Can anyone confirm it ?


It is really interesting how Australia and Canada are federal states (not unlike the US) , but with a parliamentary system of government under the Crown like in the UK (a unitary state).

I posted a link to the B.C. Civil Liberties Association in my previous message.

Here's a link to Privacy Act posted on the official British Columbia Law website:
http://www.bclaws.ca/Recon/document/...de/00_96373_01
  #1553  
Old 01-21-2020, 02:08 PM
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Quote:
Originally Posted by Mbruno View Post
Interesting ! If I am not mistaken, under the constitution of Canada, "property and civil rights in the province" fall exclusively under the jurisdiction of the provincial legislature (Sec. 92 of the Constitution Act, formerly British North America Act, 1867). So that may well be indeed an example of specific B.C. law as opposed to Canadian federal law. Can anyone confirm it ?


It is really interesting how Australia and Canada are federal states (not unlike the US) , but with a parliamentary system of government under the Crown as in the UK (a unitary state).
The guy posting the original links is a, and I quote his comment: "Canadian Lawyer and Commentator on British/Commonwealth/World Monarchies and Royal Families, Crown Law, a ΦΔΘ alum."
  #1554  
Old 01-21-2020, 02:11 PM
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Originally Posted by Pranter View Post
The guy posting the original links is a, and I quote his comment: "Canadian Lawyer and Commentator on British/Commonwealth/World Monarchies and Royal Families, Crown Law, a ΦΔΘ alum."
Do you mean the man who tweeted in the link you posted? Because he's a realtor.
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  #1555  
Old 01-21-2020, 02:16 PM
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Originally Posted by Lumutqueen View Post
Do you mean the man who tweeted in the link you posted? Because he's a realtor.
No ...this guy: https://twitter.com/RoyaltyandLaw
  #1556  
Old 01-21-2020, 02:24 PM
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Quote:
Originally Posted by Lumutqueen View Post
HA, somebody in the SR camp did do their research didn't they!
There is going to be no lawsuit. The company behind the pictures is heavily used by A list celebrities who want to be papped to generate positive PR. They work hand-in-hand with pretty much all big celebrities for this. Even if we assume Meghan did not set this up, suing them would ensure that her new A-list friends evaporate into the ether
  #1557  
Old 01-21-2020, 02:24 PM
Heir Apparent
 
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Quote:
Originally Posted by Pranter View Post
Here's more (which may overlap your post):


The nature and degree of privacy to which a person is entitled in a situation or in relation to a matter is that which is reasonable in the circumstances, giving due regard to the lawful interests of others.

In determining whether the act or conduct of a person is a violation of another's privacy, regard must be given to the nature, incidence and occasion of the act or conduct and to any domestic or other relationship between the parties.

Without limiting subsections (1) to (3), privacy may be violated by eavesdropping or surveillance, whether or not accomplished by trespass.



"Fair comment on a matter of public interest", see Gawin's link, may be on the statute books in B.C., but is actually a standard adapted from English common law. It has been applied many times by English courts in high profile libel cases involving the underlying principle of freedom of the press for instance. I don't know if it has been invoked in the context of violation of privacy though.


An important difference, however, between English (and apparently also B.C.) law and US law is that, in England, the defendant may claim "fair comment on a matter of public interest" as a defense (Canadian/UK spelling defence) , but he has the burden to prove it. In the US, on the contrary, it is the plaintiff who has the burden to prove that the publication acted with malicious intent and blatant disregard for the truth, which is a much stronger standard of protection for press freedom. Again, I am saying this in the context of libel (not privacy) cases.


EDIT: Another interesting point about "fair comment" in English common law is that the comment doesn't need to be factually true to be fair. It suffices for the person making the comment to genuinely believe it to be true at the time the comment was made and to have done his/her best to verify it.
  #1558  
Old 01-21-2020, 02:27 PM
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Originally Posted by Eskimo View Post
There is going to be no lawsuit.
It's nice to know someone can predict the future.

I never said there was going to be one, however considering this law is British Columbia specific, where they chose to be based, it's very telling that they took paparazzi into consideration into their move.
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  #1559  
Old 01-21-2020, 02:28 PM
Serene Highness
 
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Quote:
Originally Posted by Pranter View Post

A Canadian lawyer tweeting on Royalty and the Law! I'm definitely going to follow him!

And I can't tell you how refreshing it is see a link that isn't from the Daily Mail!!! Thank you!!!!
  #1560  
Old 01-21-2020, 02:38 PM
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Quote:
Originally Posted by Gawin View Post
A Canadian lawyer tweeting on Royalty and the Law! I'm definitely going to follow him!

And I can't tell you how refreshing it is see a link that isn't from the Daily Mail!!! Thank you!!!!
I know I was so excited!

I added him to my follow list too! Poor guys going to see big jump in followers I'm betting!



LaRae
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