In North America, the constitutional right to record in public spaces is protected by constitutional frameworks that prioritize transparency and public accountability over individual privacy claims in public areas. In Canada, Section 2B of the Charter and the Oakes test under Section 1 establish that any limitation on this right must be minimally impairing and serve a pressing and substantial objective. In the United States, the First Amendment and the Supremacy Clause provide similar protections. These legal frameworks ensure that a private individual's subjective disapproval or annoyance cannot legally justify stopping someone from recording in public, as the public square remains a site of open observation protected by constitutional paramountcy.
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Angry security guard refused recording in a PUBLIC BUILDING!!Added:
Allied Universal, huh? Oh, yeah. Allied Universal, where have I heard You're everywhere. That's a big security company.
All over the United States, too. Can I see some ID or paperwork from you? Uh no.
I'm not giving you ID.
Well, why?
That's a That's a violation of my privacy.
Um how can you film in there? Uh yes, I am.
>> Oh, okay. Yeah, okay. So, it's a private property. Unless otherwise you >> invited in. Huh? And this is a public area. Uh it's a private property, okay?
So, you cannot be here. Filming is okay, but you cannot film here. You got to leave.
I have to leave?
>> Yes.
Well, I do appreciate the tour. So, yeah, I'm I'm I know we're getting into a little bit What time is it now?
So, why do I have to leave? Isn't this a Is this a government building?
It's So, it's owned by Ontario Power Generation. I'm with >> Which is Ontario. And um we're just about finished the tour. So, I think we're I think we're okay. We'll We'll just wrap up here.
>> It's not going to be okay. So, you got to leave. It's a private property, okay?
There's nothing wrong with filming.
Okay? But you got to leave.
Well, it's a nice for the tour. I do appreciate everything you've done.
>> We'll walk out. We'll walk out this way.
>> and I'm going to be looking into this as private property cuz I don't know 100% if it is if it is or is not.
Is it Is it Is this owned by the government of Ontario? Because if it is, it's not a private building. If Ontario is the major majority shareholder, there's no way it's private.
>> Well, we'll walk this way and we'll We'll just We'll finish this um Well, I would like to hear it. I would like the answer to that question because if he's kicking me out of a publicly accessible area of a public building.
This is a publicly owned building.
I have every right to be here then and record in the publicly accessible area as a member of the press. I do have that right.
And I'm not I'm not going in any And not doing anything wrong to people.
I think what we'll do is um if you wouldn't mind staying here >> And what's your name?
>> We'll just we'll finish this part of the tour up and we're just about finished anyhow, so And what is your name, sir?
I'm sorry, ma'am, but this is what it is. It's a private property. You cannot, so you got to leave now. Then get a permission, then you can be here.
So Yeah, I need that. I don't think this is private property.
Yeah, okay. So if if you can wait here, if you wouldn't mind, and what we'll do is if you wouldn't mind also just waiting here for a moment.
If you're okay to wait here for me for a moment.
>> Yeah, okay. I'll just come back and I'll get the paperwork. Fine. Paperwork for what? To to provide us with the privilege of filming.
To provide what? To provide the authority that he needs to know that we're okay to continue. I'm not filling anything out. That's got my information on it.
>> it's no no paperwork for you.
>> Okay.
And what is your name, sir? My name is Raj. We're with Allied Universal. Yeah, okay.
This is a government building, I do believe.
Man, here we go again.
Again.
Again.
That's how I know Allied Universal, isn't it?
>> to leave. You guys are known to do this.
Okay. You think you own the government buildings. This is a government building and this is open to the public. Oh, wait. I'm I'm perfectly I'm perfectly capable.
>> to engage with the security officer while I'm gone.
Well, if if he doesn't engage, I'll I'll stand here quietly. That's all right.
>> [laughter] >> I'll be right back.
>> [clears throat and cough] >> What's the law?
I think you need to give me your permission.
You should turn your business You should you should tell people not to be filming around here.
People are filming around You don't you don't uh >> People people got to people got to learn to control their own emotions, you know what I mean?
>> this, you know what? I'm sorry, but don't film me right now, okay? I'm going to play later with the little people if you want, but I have people that don't like to be filmed, okay? That's okay.
Yeah, please.
>> No, I'm still here. I'm going to be here for a bit now.
Oh, no.
>> [laughter] >> So, he's calling the cops.
He must have sent his phone to the cops, and so I guess we got to wait around now. Yeah. Uh I'm just going to get some uh footage in the streets, b-roll, and then I'll Yeah, yeah, for sure. I'll be right here.
Are you looking for a physical confrontation? I just move along.
There's no physical confrontation here.
Go away. You came up all super [ __ ] aggressive. It seems like you're looking for a fight. I said what? You came up all aggressive.
>> you guys doing anyway? Doesn't matter.
Doesn't matter.
Move on.
Filming an idiot. You can film me all day long. Yeah, well, then get the [ __ ] out of here.
>> You know no publicity is bad publicity.
You go for it.
>> Yeah, what? Tell your friends. Sure thing. It's [ __ ] really creepy.
To have people filming you as you come out. That's That's This is This is the kind of guy who says he doesn't want to be filmed, but he's sitting in front of the camera.
>> problem with it.
Somebody's staring. Imagine that I came out of my house.
>> You know what I was doing? I'll be honest with you. You know what I was doing? I was getting b-roll for a documentary today.
And now And now we got a [ __ ] on camera. I'll be in front of your ass later.
That'd be [ __ ] hilarious to get on tape.
See you later.
The problem is you approach Yes, there is. You You come up off And then And then you think Well, guess Yeah.
Sure thing.
I just put this up.
Sorry, I can't hear this.
I couldn't hear you.
See you, they ruined it.
One place ruins everything, eh?
>> [laughter] >> video I certainly am. Audio and video.
Because I feel like it.
That's it. That's literally the answer.
Oh, here we go. Here we go.
At least I'm brave and I, you know, I don't have a [ __ ] mask on like a bunch of little boys.
>> COVID.
COVID. Ooh, that's a good one.
Yeah, I'll bet it is.
>> Well, don't touch me.
>> of little Don't touch me. Well, Don't [ __ ] touch me.
>> Oh, don't [ __ ] touch me.
>> Do not touch me.
>> You won't. Yeah, 100%.
>> Oh, oh, so brave. 100%. Do not touch me.
>> boys, and your little masks. You're a weirdo, you know that? So are you.
So are you. When the cops get here, I'm going to tell them you assaulted me.
>> Are they coming? Yeah. I'm so happy to hear it. I'll be right out. No problem.
There is nothing illegal about what we do. We're photographers. You saw me, I didn't have my face covered until that crazy lady that assaulted him.
Some crazy lady from inside assaulted him, which is That's the illegal part.
You guys have footage from the beginning. No, I wasn't. I was standing right in front of this lady here filming your door uncovered. It's just People ask you not to film.
>> Nope, doesn't matter.
Nope.
I'm not a snowflake.
If somebody asked me not to film, I'm a photographer. That's my job. That'd be like me asking you not to No, I'm aware. I'm aware, but if somebody asks you not to film, then it's just common courtesy.
>> But that's our right.
>> Uh, no, it isn't. Don't don't go in public, man. Yeah. Right? You don't want to be filmed, don't go in public.
You You want to know what the cops told them?
I'll tell you guys, the cops told those ladies that I have every right to be on the sidewalk with a camera.
I I wasn't there to cause the ladies any [ __ ] but when they come out all sexist and then come to you guys trying to have you remove me from a public sidewalk, that could have been real dangerous, man. And uh that's when I don't leave. I will not leave when some somebody says they're calling the cops on me or something of the sort.
I'm not here to harass you guys, either.
I just wanted to check you out. You got a massive sling there, brother.
Uh you guys have a good day. I'm glad you chose the higher road on that one.
If that lady was trying to have me removed, that's illegal as hell. And uh I would would in a million years. I'm also a construction worker, too, dude. Uh it's not it's not always as easy as it would might seem from the outside. I I have a job. I'm a tin basher. What's your [laughter] What's your channel then?
What's your What's I don't give my channel out while I'm working because a lot of people uh I get death threats all the time doing what I do. I film the cops, guys.
I If a bunch of little ladies are going to frighten me off, I'm not much good at what I do. I go to police stations and film the cops. I won't leave until they hate They hate cameras. Cops hate accountability. And when when they threaten it takes the I am going to arrest you, not I have might arrest you or I could arrest you. I stay in there station until they say we are going to arrest you unless you leave.
And I I'm I'm in a battle with the Durham Regional Police cuz they think that you can't film them in the station.
I think that's horse [ __ ] It's R v Zehrfonditis, guys. It's uh There is laws where we can film the cops in the course of their duties, right? And it's it's ridiculous. Uh I I I can't stand them. I don't like dirty cops. I don't hate cops. I don't I don't like bad police I don't like bad police, right?
So, that's what I do. Your guy Your buddy there is like get a real job. You can tell him I'm a tin basher.
>> [laughter] >> I mean, unionized tin basher, been one for 30 years. But you know what I do is I do civil rights activism now.
I I don't I don't like the government taking our rights away, taxing us to death. The homeless populations in hand. Man, you guys must make good money and it's hard to pay your bills, isn't it? I make 57 bucks an hour doing sheet metal and I have trouble paying my bills. Man, it's tough out there these days. I'm I'm paying two grand for a shoebox.
>> [laughter] >> It's everywhere. But you know what? My name's Rick. Rick? Nice to meet you, Rick. What's your name? Billy. Billy?
It's a pleasure. You know what? I'll swing by. You guys working here all day?
Yeah.
You know what? I'll stop by later and I'll drop you guys some business cards.
I'm not done working, so you guys will be able to watch this watch yourselves. Okay. All right, guys.
Have a good one.
>> See you guys. Hey, uh stay cool today, man. Yeah, thanks. You guys want some water? Should I bring some water later?
Oh, we got some. I know you do. Thank you, though. All right, you take it easy, guys.
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 of 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 1 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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