British paparazzi may soon come face-to-face with Canada’s privacy laws as the arrival of Prince Harry and Meghan has already prompted a warning to the U.K press to back off or face legal action.
But it’s unclear what legal recourse the royal couple will have to keep news photographers away from their family.
David Fraser, a Halifax-based privacy lawyer, says, when it comes to privacy claims in Canada, he hasn’t found any related to celebrities and paparazzi.
The lawsuits here that relate to invasions of privacy, most recently, deal with large-scale business data breaches, or hidden cameras, he said.
“So this is relatively new grounds that we’re looking at, maybe because we don’t have the same sort of paparazzi culture or the same sort of celebrity culture in Canada. But so far, a claim like this has not been made or at least hasn’t gone to a published decision,” he said.
“It’s not something that’s really been tested a whole lot in Canada. We don’t have a paparazzi culture.”
Buckingham Palace announced Saturday that the prince and his wife will give up public funding and try to become financially independent. The couple is expected to spend most of their time in Canada while maintaining a home in England near Windsor Castle in an attempt to build a more peaceful life.
Video from Sky News showed Harry landing at Victoria’s airport late Monday. The prince, Meghan and their eight-month-old son Archie were reportedly staying at at mansion on the island.
Lawyers for the couple sent a letter to British new outlets, accusing photographers of “harassment,” and claiming that paparazzi have permanently camped outside their Vancouver Island residence, attempting to photograph them at home using long-range lenses.
They also allege that pictures of Meghan — on a hike with Archie and her two dogs, trailed by her security detail, on Vancouver Island on Monday — were taken by photographers hiding in the bushes.
“There are serious safety concerns about how the paparazzi are driving and the risk to life they pose,” the letter read.
When it comes to privacy issues in Canada, there are a few ways Canadians can take action, says Iain MacKinnon, a Toronto-based lawyer.
British paparazzi may soon come face-to-face with Canada’s privacy laws as the arrival of Prince Harry and Meghan has already prompted a warning to the U.K press to back off or face legal action. (James Glossop/Reuters/Pool)
One can argue “intentional infliction of mental stress” in which the conduct of the defendant has to be proven to be flagrant and outrageous; calculated to produce harm, and results in visible and provable illness, he said.
There’s also what’s known as “intrusion upon seclusion” in which the defendant’s conduct must be intentional or reckless and have invaded the plaintiff’s private affairs “without lawful reason.” Also, a “reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish,” MacKinnon said.
And there’s public disclosure of private facts, when one publicizes an aspect of another’s private life — without consent — that would be highly offensive to a reasonable person. The publication also would not be of legitimate concern to the public.
“And Meghan Markle walking her dog in a public space … would not fall under any of those,” MacKinnon said.
They may seek recourse under the B.C. Privacy Act which specifically says it’s a violation for somebody to willfully and without a legal basis violate the privacy of someone else, and allows for someone to sue the alleged perpetrator.
In making that determination, a judge is required to take into account the circumstances of the situation, the relationships between the parties and other people’s rights and interests. There is an exemption, however, for journalistic publications and if the matter is of public interest.
“Up until now, certainly when they’ve been part of the Royal Family and are highly public figures and are paid, their whole and entire lifestyle is paid for by public funds, then that’s certainly one justification for arguing that what they do is a matter of public interest,” MacKinnon said.
“As they may recede from public life and become more private citizens, that argument may be more difficult to make. But certainly today, this is headline news, them leaving England, leaving the Royal Family, moving to Canada. It’s tough to say that this is not a matter of public interest.”
Most people won’t consider it to be highly offensive that someone took a picture of Meghan in public park because there isn’t a reasonable expectation of privacy, MacKinnon said.
Prince Harry addressed the myriad emotions he and his wife, Meghan, are feeling after agreeing with Queen Elizabeth that the couple would step down from official roles. 1:33
“Now, if they’re shooting with telephoto lenses into a house where Harry and Megan are staying and they’re photographing them in their private lives inside a house, that might be a different story.”
Fraser says, under the act, an invasion of privacy can also include surveillance.
“It’s really going to depend upon the exact circumstances of what’s alleged. But it certainly sounds like a group of photographers, paparazzi following them around might fit into the category of surveillance,” he said.
Fraser said even if one is in a public place, there’s still an expectation of privacy.
Being in a public park, there’s a significantly reduced expectation of privacy. But when it comes to a photographer hiding in a bush, a court might say it’s arguable that one has an expectation of privacy if they are in a place, looking around, not seeing other observers and somebody has hidden themselves, Fraser said.
“There would also probably be an element of kind of additional intrusion based on the fact that the person has hidden themselves and is covertly trying to surveil somebody,” Fraser said.
The Charter of Rights and Freedoms doesn’t give anybody a particular privacy interest among individuals — only against the state. It does, however, provide a right for freedom of expression, which would be the right that the photographers have, Fraser said.
“So any court considering these issues would have to balance those interests which includes the rights of journalists to collect information, to disseminate that information, against a particular privacy interest.”
Still, Fraser believes Harry and Meghan could find a “level of sympathy” in the courts
“Given that, it seems that they’re moving from the United Kingdom to Canada, least part time, in order to get away from this glare and get away from these invasions of privacy,” he said.
It’s unlikely that the royals would see a big cash windfall in the event their legal claims were successful. Privacy damages are relatively low or modest in Canada, Fraser said.
“But I would expect that an injunction so a court order requiring the paparazzi to stay away might be something that they would seek as well.”
And as MacKinnon noted, Harry and Meghan, through their lawyers, are probably attempting to set new ground rules.
“My guess is that they’re trying to draw a new line in the sand here with both the Canadian media [and], more likely, the Fleet Street tabloids.”
MILAN (AP) — Bologna’s preparations for its Champions League debut are not going well though it managed to spoil Como’s first Serie A home match in 21 years on Saturday.
Bologna came from two goals down to salvage a 2-2 draw to gather three points from its opening four matches.
Bologna hosts Shakhtar Donetsk on Wednesday. Its only other appearance in Europe’s top competition was in 1964 in the preliminary round of the old European Cup.
AC Milan is also winless as it prepares for a Tuesday Champions League match against Liverpool. The Rossoneri hosted promoted Venezia later. Juventus drew at Empoli 0-0.
Como made a great start in the fifth minute when Patrick Cutrone attempted to roll the ball across the six-yard box but it took a huge deflection off Bologna defender Nicolò Casale for an own goal.
Bologna thought it was gifted a way back into the match on the stroke of halftime when referee Marco Piccinini signalled for a penalty following an Alberto Moreno handball, but he revoked his decision and instead gave a free kick because the handball was just outside the area.
Bologna improved after the break but found itself further behind when Cutrone raced onto a through ball and cut inside past a defender and fired into the far bottom corner.
Tommaso Pobega hit the post for Bologna, which finally pulled one back in the 76th through substitute Santiago Castro.
Another substitute helped the visitors snatch a point when Samuel Iling-Junior curled a fine strike into the top left corner in stoppage time.
Unbeaten sides
Juventus, and more surprisingly Empoli, are among six unbeaten sides.
Empoli held Monza and Bologna to draws either side of a shock 2-1 win at Roma. Juventus’ perfect start to the season was ruined by Roma in a goalless draw before the international break.
On Saturday, there were few clearcut chances in Empoli although home goalkeeper Devis Vásquez made spectacular saves to fingertip out a Federico Gatti header and deny Dusan Vlahovic in a one on one with the Juventus forward.
Empoli had a good opportunity in the 73rd minute following an Alberto Grassi one-two with Pietro Pellegri but the finish was straight at Mattia Perin.
The host could have won it right at the death but Gatti flew in with a great sliding block to keep out Emanuel Gyasi’s close-range effort.
Juventus hosts PSV Eindhoven in the Champions League on Tuesday.
MANCHESTER, England (AP) — Not good enough. That was Arne Slot’s verdict after his first defeat as Liverpool manager on Saturday.
A shock 1-0 loss at home to Nottingham Forest in the English Premier League ended Slot’s perfect record since succeeding Jurgen Klopp at Anfield at the end of last season.
“We had a lot of ball possession but only managed to create three (or) four quite good chances, so that is by far not enough if you have so much ball possession,” said the Dutchman, who suggested his team should not be losing to the likes of Forest.
“If you lose a home game it’s always a setback, especially if you face a team … we never know, maybe they will go all the way to fight for Champions League tickets, but normally this team is not ending up in the top 10, so if you lose a game against them that’s a big disappointment.”
Slot won his first three games in charge, including a memorable 3-0 victory against Manchester United before the international break.
But that run came to an end after Callum Hudson-Odoi struck in the 72nd with a curling effort from the edge of the box and beyond goalkeeper Alisson.
Liverpool’s defeat leaves Manchester City as the only team with a 100% record in the league after a 2-1 win against Brentford kept the defending champion at the top of the table.
United won at Southampton 3-0 to end its two-game losing streak.
Unstoppable Haaland
Erling Haaland moved to 99 goals for City after scoring twice against Brentford.
The Norwegian’s double came after Yoane Wissa fired Brentford ahead with just 22 seconds on the clock.
Haaland scored his 98th and 99th goals in his 103rd City appearance in all competitions. And he was the width of the post away from his third consecutive hat trick after trebles against Ipswich and West Ham.
“He’s been really, really good. Yeah, I would say he’s the best (he’s been), but it’s only four fixtures (this season),” City manager Pep Guardiola said.
Haaland, who has been nominated for the Ballon d’Or, has nine goals in four league games. He has topped the league scoring charts in each of his two seasons at City since joining from Borussia Dortmund in 2022 for $63 million.
Haaland’s first goal after 19 minutes evened the game following Wissa’s opener, which stunned the Etihad Stadium crowd. Haaland turned and swept a shot past goalkeeper Mark Flekken after a slight deflection off Ethan Pinnock.
He was then too strong for Pinnock when shaking off the defender and running through for his second in the 32nd.
He was inches away in the 81st; the shot came back off the post after beating the keeper.
Rashford snaps run
Marcus Rashford snapped a 12-game barren run in front of goal as United beat Southampton.
Rashford doubled United’s lead at Saint Mary’s after Matthijs de Ligt’s scored his first for the club. Substitute Alejandro Garnacho scored a third in the sixth minute of stoppage time.
The win came after back-to-back defeats for United.
Rashford hadn’t scored since March in United’s win over Liverpool in the FA Cup quarterfinals. He curled in a shot from the edge of the area to put Erik ten Hag’s team 2-0 up at Southampton in the 41st minute.
Ten Hag said it could be a turning point for the forward.
“For every striker, they want to be on the scoring list. Once the first is in, more is coming. Like a ketchup bottle, once it’s going, it’s coming more,” he said.
De Ligt, who joined United from Bayern Munich in the offseason, headed in from Bruno Fernandes’ cross in the 35th.
It could have been a different story if Cameron Archer converted a penalty for Southampton in the 33rd. Instead, his effort was saved by goalkeeper Andre Onana.
Newly promoted Southampton was reduced to 10 men when Jack Stephens was sent off in the 79th for a high challenge on Garnacho.
Villa comeback
After three straight defeats to start the league, Everton looked set for its first win when leading Aston Villa 2-0.
Goals from Dwight McNeil and Dominic Calvert-Lewin put Sean Dyche’s team in control until Ollie Watkins struck twice to even the game.
Jhon Duran completed Villa’s comeback and sealed a 3-2 win in the 76th to leave Everton rooted to the bottom of the table and the only top flight team without a point.
Late drama
Jean-Philippe Mateta converted a stoppage time penalty to salvage a 2-2 draw for Crystal Palace against Leicester.
Leicester led 2-0 at Selhurst Park after goals from Jamie Vardy and Stephy Mavididi.
But Mateta sparked Palace’s response with a goal in the 47th, a minute after Mavididi doubled Leicester’s advantage.
Conor Coady fouled Ismaili Sarr in the box right near fulltime and Mateta was cool enough to convert.
West Ham left it even later to salvage a point in a 1-1 draw at Fulham.
Danny Ings struck in the fifth minute of added time after Raul Jimenez’s goal looked like earning Fulham the win.
Brighton boss Fabian Hurzeler, the manager of the month for August, was frustrated as his team was held to 0-0 at home by Ipswich.
CLEVELAND (AP) — Restricted free agent forward Isaac Okoro has agreed to re-sign with the Cleveland Cavaliers on a three-year contract, a person familiar with the negotiations told The Associated Press on Saturday.
Okoro’s new deal is worth $38 million, according to the person who spoke to the AP on condition of anonymity because the contract has not been signed or announced by the team.
ESPN.com first reported the agreement, citing Okoro’s representation.
The fifth overall pick in the 2020 NBA draft, Okoro is Cleveland’s best perimeter defender, often drawing the assignment of guarding the opponent’s top scorer. Okoro also has worked to improve his offensive game.
The 23-year-old averaged 9.4 points and 3.0 rebounds in 69 games — 42 starts — last season for the Cavs, who beat Orlando in the opening round of the playoffs before losing to eventual champion Boston.
Okoro shot a career-best 39% on 3-pointers, forcing teams to come out and guard him.
His agreement caps an extraordinarily busy summer for the Cavs that began with coach J.B. Bickerstaff being fired and replaced by Kenny Atkinson. All-Star guard Donovan Mitchell signed a three-year, $150 million extension in July, ending months of speculation that he wanted out of Cleveland.
Also, power forward Evan Mobley signed a five-year, $224 deal and center Jarrett Allen signed a three-year, $91 million extension.
