In North America, the constitutional right to record in public spaces is protected under frameworks like Canada's Charter of Rights and Freedoms (Section 2B) and the US First Amendment, meaning that private citizens' subjective disapproval or ignorance of recording laws cannot legally justify police intervention, and the state bears a heavy burden to prove any limitation on this right is minimally impairing and serves a pressing objective.
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Islamic Center Deploys Police to Harass KTOCAdded:
While out recording at an Islamic center in the Durham region of Ontario, Canada, our videographer ran into a very strange sight indeed.
Police officers from an entirely different city, dressed in full uniform, inside of the Islamic center, came out to question TNT about his motives. TNT was not impressed. Being so far out of their jurisdiction, harassing a videographer on a sidewalk, True North Transparency had questions.
And he did not like the answers.
Please hit the like button, hype the video, and tell us what you think of this interaction and the officer's behavior.
Enjoy.
You never know, guys. I know a lot of Muslim people.
Um the uh The um there's a a march every year called the Million March for Children.
I attend it.
It's a uh It's basically a protest against sexual orientation and gender identity uh teachings in schools.
And I'm going to tell you the uh all the Muslim people I know definitely show up there.
But they also show up to the Palestinian protest, which I am not the biggest fan of.
Oh, yeah. Here, we'll just stop here.
>> [laughter] >> Are these the Are there [ __ ] police in there?
Holy [ __ ] So they got police on the payroll in here? Like this is nuts. Give me a break, guys.
I can't say I like this.
They're carrying guns and everything.
So, why are they here?
They're protecting just an Islamic center?
That's absolutely insane, guys.
Hello.
How you doing?
Hello. Hello.
Hello, sir.
Are you guys on duty? How are you? We are >> You're correctional and and you guys are on duty.
>> Let us ask a question first.
>> No, I'm not answering your questions.
>> Oh, okay. What what what's the purpose here today? Where are you from? York.
We're from York. Yeah. We're not in York. I understand that.
>> We're in Durham region. We have jurisdiction everywhere. No, you don't.
>> Yeah, we do. Okay. York region?
>> going to argue with you.
>> Yeah.
I came here. I didn't disrespect you.
Oh, I I didn't You're You're I came to have a normal conversation with you.
>> Dude, I want to know why are York region is in Durham region.
>> you doing this, sir?
Why can't >> None of your damn business.
Okay.
It's absolutely none of your business.
I don't like York Regional Police here.
Okay. It's fair enough.
>> understand why you guys are on duty in here. So, you So, are they paying you like are you like paid duty? You're not cuz you got a gun on you. We are on active duty. You active duty?
>> So, that's that's interesting. I'm going to look into that a little more.
>> Sure. Absolutely. And York region in Durham region?
>> you'll be a little bit more open-minded, you'll be able to talk to me.
Open-minded about what? About why we're here and why you are here.
Yeah, so why are you here?
We have an event here.
The York Regional Police have an event here?
>> That's correct. And you have jurisdiction here. Yeah, right? Okay, so I didn't like that part.
>> If if if you want, I'll be very clear with you and straight with you, okay? We work in the outreach unit for the York Regional Police. Yeah. So, what we do is we bring applications into the police service from everywhere because the The service has to reflect the community that we serve. Right? We're living in a very multicultural society.
And we're looking for people from all backgrounds everywhere to join our service.
Which I'm sure you can appreciate. So this is why we're here today.
So now I explained to you why we're here.
If you would be so kind to tell us why you are here. No. Okay. All right. So now you know why we're here. Yeah. Okay.
So so long as you don't harass these people because they're here to pray.
That's true.
>> They're here They're here to have prayers. And I'm here to do what I do.
Okay. All right. Yeah, so just All right.
So I appreciate that you're on public property and you're not interfering with their coming onto their private property here, so.
Understood?
Fair enough?
They can speak. Have I done it?
Pardon me? Have I done it? Have you done what? Blocked anybody? Interfered with anybody?
>> I appreciate that you're not doing that.
You're on public property. I don't I don't understand what what you're trying to get me to respond to. There is no response to that. That was just a statement you were saying. All right, let's just try not to block the the sidewalk as well.
>> Can you just be kind and courteous?
>> blocking the sidewalk.
>> Sir, sir, we are public servant. Can you just be kind and courteous? Uh if I feel like it. Sure. Sure.
I don't have to be.
We're living in one of the best countries in the world.
We're supposed to be civil and nice to each other.
>> Are are we? Yeah.
I still don't know why you guys are here.
>> tell you that. You're a smart guy. You know. I still have no idea why York Regional Police is here giving me >> to you. You understand English. I can't say I agree with it.
You don't have to You don't have to agree.
>> Pretty wild the York Regional Police is here with guns on acting uh Sir, we carry a because it's part of our uniform. Yeah, I know, but you're out of your jurisdiction. That's the problem I have.
Yes, you are.
>> officers. We're provincial offenses officers.
>> Really, eh?
I'm going to tell you something right now. If I'm driving down the road on active duty, somebody run that red light, even though >> driving down the road?
>> Hold on.
>> And what am I doing? What law am I breaking that has you here? Let me explain to you.
Let me widen your mind a little bit.
Okay. If I'm driving down the road here, somebody run that red light, I have the authority to give that person a ticket, even though I'm in I'm in I'm in a different jurisdiction.
You'd still have a fight on your hands, man. York Region shouldn't be in here.
You're very far from home. Well, you don't like us anyway.
>> You're extremely far from home. I didn't say I don't like you. I don't like you guys being here. We're doing your taking >> I don't like York Region approaching me in Durham Region as though they have some authority over me.
>> us to call Durham, then? No, I don't give a [ __ ] what you guys do.
>> want to talk to? I don't care. I think we're good guys. We're nice guys. I don't want to talk to you.
>> know you personally. Yeah, I don't care.
>> only reason why we're here is because the management from the mosque has concerns why you can match That's wild, though. This is taxpayer money for for to to what? To hang out here?
>> Sorry, that's a little bit disingenuous.
>> That's That's crazy.
>> That's a little bit disingenuous.
>> Taxpayer dollars are paying for you guys to be here.
>> of society would agree with you.
>> Oh, I bet they would.
>> They won't. Yes, they will.
>> on YouTube and see how many >> [ __ ] percent.
>> Oh, uh sir, the language, please. Shut up. Please. That's >> What's your name and badge number?
>> inappropriate. It's right here.
Oh, that's R I G H T or R I T E and you?
>> Sir.
>> Alex 3661. Sir, it's right here. Yeah. R I T E >> video? R I T E or R I G H T?
>> a thousand words. Yeah, then [ __ ] off.
>> [laughter] >> All right, so you've been All right, I hope you put that I hope you put that on your video.
>> a dick. That'll go in there, too. Get out of here. Woah, woah, woah. Like I said, the management >> want to talk to you anymore. I don't like his attitude and I don't like the fact that our taxpayer dollars are paying for police to hang out here.
Because you don't want to hear the [ __ ] nuts. I know exactly why you guys are here. Sir, I appreciate your concern. be on you shouldn't be on paid you should be on paid duty.
>> You don't like the truth? What truth?
What I just told you. What truth? You want me to repeat myself? Tax payer dollars are paying for you to hang out here. How many hours have you been here?
>> Would you like me to repeat myself?
>> How many hours have you been here? As you said, none of your business. Yeah?
Yeah. All right, sir. I'll hunt I'll do the same thing you did to me. None of your business.
>> Then [ __ ] off.
Have a good day. Shoo. Sir.
The management has come up to us. They don't want you on their >> property. That's what they told you. I did not This is they Well, it's going to be a problem if you do come on their property.
>> That's all I'm saying to you. You you are welcome to record. You got my name, you got my Go away. So, please do not go on their property.
So, like I said, he's allowed to go on public property, he's allowed to record.
>> Sir, if he comes on your property that is going to be an issue. Okay?
Yeah, definitely don't agree with that, guys.
[ __ ] paid paid cops, tax payer funded police at an Islamic center recruiting police. Yeah, man.
Not a chance. I don't agree with this one bit.
Nope.
Nope, you want to do it on your free time, you go right on ahead.
Like I'm I'm blown away and not in a very very good way, guys.
Good day.
I can't I don't understand.
Why you are taking my picture? I take everybody's picture that's coming today.
Just because. Working on a story about this place. Oh, I'm not answering any questions, sir. Then why are you taking my picture?
>> There's police in there if you want to go talk to them. All right. You are part of the police? No, I am not. I'm not part of the police. I'm just taking pictures of everybody coming in.
>> [laughter] >> I don't know.
Huh? What's with the camera?
What do you do with the camera? Hold on.
I'm just watching. I'm taking pictures, man. I can't get into the reason for it, but >> All right. Why you trying to take a view of me?
>> Everybody. Absolutely everyone. I'm trying to catch every single human being coming in this place today.
>> Oh, yeah? Yeah.
>> Any purpose why?
Yes.
I just can't get into it. Really? Yep.
Yep.
Are you from law? No. Then why you are taking I can't get into it. I'm working on something right now.
I'm getting pictures of people.
>> Did Did you get the permission from the management?
>> Nope. Absolutely not. I don't need it. I don't need the permission. I'm just getting license plates and people.
[ __ ] me.
An electric Mustang, eh? Nice.
>> [laughter] >> That's ridiculous.
Yeah, there's two pigs out to the side there.
Oh, one of them on the phone lying into him is mom.
See the This is why the Durham police I bet were directing traffic for weeks and weeks.
Whenever I would drive by the Durham Regional Police would be here, which is why I chose this location.
What is this?
What is that thing?
No.
Who is this?
How are you doing? Good.
To meet you. Okay.
I was wondering what the recording was for. I can't get into what it's for at the moment. While I'm working I can't I can't say.
Are you with like any entities or like bodies or whatever?
Entities or bodies? No, I'm No, I'm getting just pictures of people coming and going. License plate pictures, you name it. Okay. I'm working on a little project, man. Okay.
Did you want to like speak to anyone?
No, they already came out and talked to me.
Okay.
Um We're all people here so if you ever want to know anything or if you have any questions about anything, you probably live in the area so have a good day. Yeah, you too. And have a good long weekend as well. Yeah, there's nothing harmful about it.
That'll What is it a long weekend? Yeah, it's Labor Day on Monday. Oh no [ __ ] that's so cool. Yeah, Labor Day on Monday. Yeah, it's not a harmful reason that I'm here. I'm just I'm just filming. No, no I have no what do you call it? No preconceived anything.
That's why I came and asked, you know?
No ill will, man. Not here so But once again, you have a good day.
Yeah, you too, man.
All right, True North Transparency.
If the police weren't here, I highly doubt this would have gone so well.
Uh there were a few of them that were extremely angry with me and didn't understand that I had a right to do this.
But the cops made it very clear to one of the the head guys, I don't know what they're called.
Um one of or what he was called, but one of the one of the important fellows here was told that I have every right to do this as long as I don't enter their property.
And that was because the police were there. We're going to keep doing this, guys. We're going to do this every Friday. We're going to make sure these places rec- recognize our Canadian rights and respect them. And if they don't, uh I don't know what the the I'm going to do about it cuz I'm >> [laughter] >> I'm seriously seriously outnumbered.
All right, it's true north, transparency. I'm out of here.
The right to record in Canada and the USA is governed by a principle of constitutional paramountcy that renders a Karen's subjective disapproval legally irrelevant.
In Canada, section 52 of the Constitution Act 1982 establishes the Charter as the supreme law, while the USA relies on the supremacy clause and the First Amendment. These frameworks ensure that the public square remains a site of open observation. Because the law is supreme, any state intervention triggered by a bystander who is uneducated about the lack of privacy in public is of no force or effect, ensuring that individual liberty is not a privilege subject to the approval of others.
To prevent the government from acting as a personal enforcement arm for misinformed citizens, the law imposes a heavy justificatory burden on the state.
In Canada, the Oakes test under section one requires that any limit on a right be minimally impairing and backed by a pressing and substantial objective.
US courts apply a similar standard of strict scrutiny for content-based restrictions. A Karen's personal annoyance or their ignorance regarding filming rights does not constitute a valid legal reason for an officer to seize a camera or stop a recording.
This ensures that the state remains a neutral guardian of the law rather than a servant to social friction.
The living tree doctrine in Canada ensures that section 2B protections for expression grow alongside technology, a concept mirrored in US jurisprudence regarding digital media. While a Karen might view a smartphone as a modern nuisance, the law identifies it as a protected medium for the search for truth and public accountability.
This purposive interpretation ensures that the constitutional floor remains stable even as technology evolves.
By prioritizing the democratic value of transparency over the uneducated demands of bystanders, the judiciary ensures that the right to document remains a constant feature of North American life.
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