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Who gets to observe what’s happening in public space matters. It shapes what the public knows, how events are understood and how governments are held accountable.

This explainer builds on the Human Rights Commissioner’s inquiry into the exclusion of media during police actions targeting marginalized people. The inquiry centred on the importance of press freedom and the reliable sources of shared truth that go with it.  It did so by reviewing restrictions placed on journalists during the April 2023 eviction of a homeless encampment that had been built up along Hastings Street in Vancouver, B.C.

This explainer is intended to be an educational tool on how exclusion of media in these kinds of circumstances raises human rights concerns and to spark conversation about these important issues. It is aimed at anyone (including educators and students) who wants to think more deeply about freedom of the press and the importance of protecting this right.  

What is an exclusion zone?

Exclusion zones are sometimes set up by police or government authorities to restrict or control access to public spaces, which limits who can observe what is happening within them.

There is no single legal definition of an exclusion zone. This can contribute to confusion around why and how they are used, who makes decisions about them and how they are overseen.

Exclusion zones may be called many terms, including:

  • safety zones
  • work zones
  • buffer zones

What matters most about an exclusion zone isn’t the name it’s called, but how it limits access to public space and information.

Why are exclusion zones used?

Exclusion zones are sometimes established during policing operations to:

  • organize crowds and traffic
  • protect the safety of emergency responders, workers or the public
  • allow police, city staff or event organizers to carry out their work

The size, duration and level of restriction of an exclusion zone can vary depending on why it is being used and how authorities assess risk. Risk assessments are not always based on immediate or concrete threats. They may also reflect anticipated, assumed or precautionary concerns.

Exclusion zones have been used in a range of contexts across Canada, including:

  • emergency situations (including fires, floods or serious traffic incidents)
  • police investigations that require a secured area
  • visits or movements of public officials or dignitaries
  • large demonstrations (such as protests) where crowd movement is being managed

Because exclusion zones can restrict media access, limit protest or advocacy efforts and affect access to information, human rights protections require that they be used with great caution.

How are exclusion zones used?

While exclusion zones take different forms, they may involve:

  • physical barriers or checkpoints
  • limits on where people can go and when
  • designated areas for media or observers
  • access decisions made by police or operational command structures

Exclusion zones may be established in different ways. Some are authorized through court orders or injunctions, meaning a judge has officially approved restrictions on access to space. Others are created through decisions made by police or local governments without prior court approval. This means that decisions can be made by these authorities about a public space without independent review happening in advance.

Example

In April 2023, access was restricted to parts of Vancouver’s Downtown Eastside during an operation led by the City of Vancouver (City) and the Vancouver Police Department (VPD), where people living in outdoor encampments were required to leave and their shelters were removed. The City led the overall operation, including removing tents and structures from the area, while the VPD took operational command on April 5 and 6, securing the work zone where access was restricted. The exclusion zone for this operation was not authorized by a court order or injunction.

Journalists reported restrictions on accessing the area, including inconsistent decision‑making by the VPD about who could enter the space and when. In some cases, access depended on approval through a police chain of command. In others, journalists were denied access altogether without clear explanation. At the same time, other journalists were able to enter the space without issue, highlighting inconsistent access.

Although a pooled camera was permitted, meaning media outlets shared access to a single camera covering the operation, the arrangement did not meet industry standards for a number of reasons, including that it was organized by police rather than the media.

As the Commissioner found in her public inquiry into this incident, “Transparency was compromised during the Hastings decampment.”

In this instance, the use of an exclusion zone limited the ability of journalists to observe and report on critical moments of an operation that directly affected a particularly vulnerable and marginalized population. This reduced transparency made it more difficult for the public to understand what was happening, compromising police and City accountability.

Following her inquiry, the Commissioner recommended that police departments and municipalities in British Columbia avoid restricting media access around police actions without a court order, unless required by immediate and unforeseeable circumstances limited to a serious threat to public safety or for the sake of not interfering in the investigation of a crime. The inquiry also emphasized that, where restrictions are considered necessary, every reasonable effort should be made to reduce impacts on press freedoms and public access to information.   

What human rights may be affected when exclusion zones are used?

Exclusion zones can engage several fundamental human rights, including:

  • freedom of the press
  • freedom of expression
  • freedom of peaceful assembly

Canadian law and international human rights standards protect these rights, meaning governments must respect and uphold them. However, in practice, restrictions on access to public space can limit how, when or whether people are able to exercise these rights, including how the media can access information to report on it.

Why does understanding exclusion zones matter?

Exclusion zones are not only a concern for journalists. Media access plays a vital role in a functioning democracy. Journalists gather and share information about events that take place in public spaces, helping the public understand how decisions are made and how power is exercised.

Visibility is especially important when government actions affect people who may already face barriers to being seen, heard or believed. Reporting by a free press helps ensure that their experiences are not overlooked or misrepresented.

Access to credible, timely and independently reported information supports public awareness, informed discussion and accountability. Without it, public understanding suffers and accountability is weakened.

Discussion guide

The following questions are designed to help you reflect on and discuss how exclusion zones are used and how they affect people:

  1. When do you think it makes sense to limit access to a public space? When might it not?
  2. Who might be affected when access to a public space is restricted? In what ways?
  3. Have you ever been kept from observing or knowing something you felt you should have access to by a public authority like the police or government? What was that experience like?
  4. What are some ways police could manage safety and crowd control without limiting transparency and accountability?
  5. If you were responsible for setting up an exclusion zone, what would you do to make sure it’s fair?
  6. Did anything in this explainer change how you think about access to public space? Why or why not?

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