In Canada and the United States, the constitutional right to record in public spaces is protected under freedom of expression provisions (Section 2B of Canada's Charter of Rights and First Amendment in the US), meaning that individuals cannot be legally stopped or have their cameras seized simply because they are recording in public areas, even when government officials or private property owners object; this right is subject to strict legal scrutiny and cannot be overridden by personal discomfort or ignorance of the law.
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Cops threaten trespass on SIDEWALKAdded:
Uh, you know, there's no uh videotaping or photo photography in this building, right?
>> It's a government building. It's the public.
We're just taking some pictures of the flag.
>> Who are you?
>> Look at this. Look above you. Isn't that cool?
>> Right.
>> Why would you say there's no photography here, though? That I'm actually pretty curious as to why.
>> What would that be about? for security reasons.
>> Yeah, you you >> you could take photographs of my my pass. You could >> Well, you're a commissioner, right?
>> Yeah, but I have access to the whole building. You could >> We're not going in there. No, we can't.
It's It's a magnetic pass. You actually have to scan it at the door. I can't copy that.
>> Okay. Um >> honestly, like honestly, you know, you got to think that one through a little better. I I'm not here to do that. I'm not here to access any >> It doesn't matter at the moment. And I just I wanted to address your concern about the pattern.
>> You could How possibly could I scan them?
>> You You could impersonate me or someone like >> You know what? You're a commissioner.
You have to show me your guard card. May I see your guard card, please?
>> You mind if I see?
>> Yes, she does. 100%. It's under the uh >> right here.
>> It's under the guard uh >> private securities act.
>> Yeah.
>> Okay, cool. I'm not here to copy your pass. We have instructions from CBSA security saying >> who's CBC security?
>> CBSA security. The Canada Canadian Borders Security Borders Agency.
>> So what what is in this building? If you >> CBSA >> Canadian Border Services Agency, >> yes.
>> Oh, okay. So if you and the policy is >> no photography.
>> Okay. Inside inside their the restricted areas. We're honestly in a public lobby. This is accessible to the public. I figured, man, you'd have a a lock on the door if you didn't want somebody to come in.
That sort of thing, right? This is actually accessible to the public. So, I don't know what walked right in. Like, nobody said, "Hey, there's no trespassing allowed over here."
If you did, >> how's it going?
>> Um, go see them.
>> No, it isn't.
>> Security.
>> Well, cuz now you just interject. CBSA is not private property, dude. It's not.
This building is not owned by CBSA.
>> Yeah, you guys try that all the time.
Oh, we just lease it, right? But once a government agency leases a a private building, it becomes publicly accessible for any services somebody might need from the CBSA. Correct. If I need services, I can come here, walk to that desk right there, and that is a publicly accessible area. I'm not trying to go into your offices or anything. I don't see what the problem is. Honestly, I don't >> like I was saying before.
>> Yeah.
>> Paid your flag.
>> Just what what are we doing? I'm just curious.
>> Taking pictures of video.
>> I'm an independent journalist.
>> Let me tell you an example. Um CBSA did a video presentation to put on their website one year.
>> Sure. Um >> the people who came in with video cameras to do that um were all vetted first, >> but they went into secure areas, right?
>> And talked to people as well.
>> They went into the lobbies.
>> We're not going into the lobbies. If that's a if that's not accessible to the public, we're not going in.
>> Any anybody there?
>> This is the problem with federal workers now. They don't want to come to the office but 3 days a week.
>> You want to know if you guys didn't even interrupt us, we probably would have left.
>> I'm an independent.
>> The problem is not your like your physical premise. The problem is what you recorded on your device that you're going to take out with you.
>> Well, that would be your responsibility to cover anything that would be private.
>> You wouldn't have somebody to think about that that's available for somebody to look at, right? Photographic memory.
I'm going to call my supervisor.
>> That's cool.
>> Because >> you know what? You can tell your supervisor. I'm I'm an independent journalist.
>> I'm here working on a story about this building. I I visited Ottawa to do a story about these particular two towers.
>> They looked like they were under construction and abandoned to be honest.
So, he would check the place out. And there's no harm intended, no foul. We're not We're not trying to get into restricted areas. We know we know the rules on government property, but the fact that CBSA rents the private building means makes it publicly accessible and a government building.
Don't. Yes, it does.
>> Yes, it does. By Canadian law, it sure does. 100%.
>> You know that.
>> I'm 100% positive. A lot of people don't, but it is. Do >> you do you have to identify yourself or anything or just >> No. If there's a checkpoint, like a security checkpoint, [ __ ] it. Yeah.
and we'd have to go through it.
>> But other than that, we're this is a a publicly accessible lobby of a public building and we're just here, like I said, I'm an independent journalist doing a story on the neighborhood.
And actually, in particular, Tower Amb 355 River Road and this one is 3 something else. I can't remember the address. That's what we're here doing.
And the fact that the government of Canada rents it out from a private entity, >> the private entity is taken out of the equation completely because we as tax be we as taxpayers pay the rent.
>> Crown land. Yes. This is not crown land.
>> It's government of Canada land. It's all government of Yes, it is.
>> No, it's not.
>> If it's private property, but the the services in this building are governmental. It turns it into a public.
You can access it.
>> That's not true. It's like jeez, you know, you're you're just putting it difficult to >> I I am I am the man >> the man behind the desk confirmed to me that it's government building that this is >> it's a government lease building.
>> So if you go into if you go >> it's still a private property.
>> This is a public lobby. Anybody can walk in here.
>> So just so you're aware and I understand what you're saying >> this area is not leased by government can this the lobby is private property.
>> Oh yeah. So anything ex this this goes to another example of a shopping center.
If there's a service Canada or a service Ontario in a shopping mall >> if you're walking to that place there is nothing they cannot ask you to leave because you need essential government services.
>> Right?
>> Same thing as CVSA. This is an essential government service.
>> That's public facing services. I don't think anything in properties is a public facing service.
>> If you had questions you could come here to get answers. Otherwise, my my understanding would be you'd have a key card lock on the front door.
>> You'd have a no trespassing sign all around the building, which there is none, >> right? No. And and you know, we have other services here, cafeteria, and dentist. So, like this area is it's private property, but it's accessible to people. They >> nailed it. Publicly accessible, right?
>> I agree. But it remains private property. And if our tenants, meaning the guards or whatever, think that there is a disturbance or something. They're not >> there's no disturbance.
>> Well, they're not comfortable with being killed on >> that. That's that's another level of stuff. You're you're deal I'm just explaining from our perspective. See, I'm I represent a private landlord. This is private property that we it's our land. It's our building. Um, yes, this is an openly accessible place to the public, but when there becomes a disturbance being private property, I can ask you, >> what disturbance would you say there is?
That's that's actually a criminal code violation.
>> People being filmed without feeling comfortable doing that. I think that's where it becomes disturb a disturbance for some people.
>> Well, that would be like in Dubai Korea.
>> We're not in Dubai.
>> Exactly. We can't where we have the freedom of the press.
So can you identify yourself as members of press?
We're private investigators cuz we don't identify ourselves. investigator journalist yourself as press or sternness >> independent journalist represent >> independent organization that's just I can >> we're free journalist >> anybody hold your phone you're now press >> anybody can be >> no jokes you guys report on the property whatever you want to do please I'd like if you could please leave >> right now we're not we're ready to close the building now it's >> yeah it's closing time >> if you're closing if the building closed we'll >> I mean if if you wouldn't mind if I could just get some picture and video there and here and then we'll be on our way if that's okay with you.
>> I just don't come to a compromise.
>> We're not we're not here to bother people. We're not going to sit there and go, "Hey, here you go." and stuff like that.
>> No. Hey, dude. I haven't gotten closer than 10 ft from us. We filmed. We don't We won't just film We haven't been filming him at all. Well, he's been standing there.
>> I did actually cuz he's another commissioner. So, >> people who approach us, we film company policy. Just like you guys have your policy.
>> Yeah. Yeah. So you don't represent a company, you represent yourselves.
>> Journalist.
>> Yeah.
>> Yeah. Every citizen has a right to do that.
>> Do you have like a YouTube channel or something that >> we may get posted on?
>> Possibly.
>> It's the Charter of Rights. Section 2B of the Charter of Rights Explains.
>> You can't just invite yourself on my property at home.
>> Ah, but you rent it to CBSA. The entire building except for those little things.
>> You You're incorrect. This >> That's what that lady just said.
>> CBSA. She's not She is not the landlord.
I am.
>> You're the landlord. Hey, you own the building. You said it's not entirely even if a portion of us the whole building becomes public lobby.
>> No, it isn't. You're wrong. We We do this for a living. We go around.
>> I'm glad you do. So, >> I feel uncomfortable with that camera up there filming me.
>> Is that causing a disturbance? That camera is causing a disturbance.
>> That's a security camera, >> right? So, is this >> That's not a security camera. It's a personal fault.
>> Well, guess what? It's a security camera. When people start doing things like this, >> what am I doing? I'm standing here.
>> What you're trying to do is Where's the CBSA lobby?
Where's the lobby? If I need information from the CBSA.
>> I'm not in the interest of answering all these question.
>> Well, this is this is a publicly accessible building. CBSA is a a government service. So, where is their lobby?
>> I have business with CBSA problems on this property trying to have a conversation with this. I I feel like that's the reason.
>> Why can't you just answer the question?
>> Where's CBSA? Is it through there? Cuz that's not a log door. That's not a log door. There's no key card. So, where is CBSA?
>> So, are you saying that if we go to their lobby, we'll be fine? I feel like you guys came here to try to engage in >> I feel like you were trying to stir the pot a little bit by saying that. I'm asking a simple question.
>> I just asked you if you can leave private property >> and if you're closing down the building, we will leave you. But I ask a simple question. If we did go to that lobby, then it would be public publicly accessible. Agree?
>> No, you need a security to to get services.
>> Is there a lobby with the CBSA that is open to the public?
>> If you guys would like to challenge the security >> can't answer that question, then we already know. I'm not I'm not in the government and I can't tell you.
>> You can't tell me where the CVSA is, but you somehow dressed like this. You're going to tell me that you are the landlord.
>> I'm not going to dress. I'm not telling you my name.
>> Yeah. Okay. I'm not telling you my name.
>> Well, there we go.
>> Well, you're you're the one claiming to that we have to leave. You have absolutely zero authority, dude. You're wearing jeans and a t-shirt.
>> Anybody with jeans and a t-shirt comes along and tells you to leave a building, are you going to do it? I'm not. Where's the CBSA lobby? Tell me where that is. I wanted to see it.
>> I'm asking you guys nicely, please. I'm asking you please to leave the property.
Um I don't want to like escalate this in further.
>> Are you going to be locking up the doors? Is the doors closed?
>> I I will lock them when it's time to close the building, but I'd like you to leave before that.
>> So, you're being very vague. Where's CBSA? I need to know where CBSA.
>> No, you don't.
>> Yes, I do.
>> Why? I It's not my obligation to tell you, and it's not it's not your right to know.
>> Does CBA do they provide public service?
>> I'm not telling you.
>> Do they provide public service? No, they don't.
I'm not going to.
>> See, at that point, you're denying government services.
>> I'm not going to.
>> Yes, you are. You've been answering.
>> It's not my responsibility to tell you that.
>> Yes, it is. Actually, it's your responsibility to leave people, the members of the public alone while they're trying to find the CBSA or whatever. Government of Canada, government of Canada is plastered all around this building on every sign, every post blocking blocking.
>> Stop talking for a for a minute, please.
All the driveways that are blocked off says government of Canada. And you're telling me this is private? That's That's >> It is. Yeah.
>> For lack of a better term. That's horshit, dude.
>> Where's CBSA, man?
>> You know where CBSA is?
>> You don't know?
>> No, I don't. No.
>> This is property. You've been asked to leave. That's that's that's where we're leaving. Okay.
>> Please.
>> I want to know where CBSA is.
>> I I'm not I'm No. No. We're not engaging.
>> So, you've been very cordial. You've had respectful conversation this whole time.
And then when we ask you about >> my friend, I cannot >> don't want to answer anymore.
>> There are things that can and cannot be said. That's it.
>> What? It's it's a secret organization, is it? It's not. It's CBSA.
>> No, exactly. And you know, you know what there is to know about CBSA. You know what they do as an >> No, actually that's what I want to see their lobby and I want there is freedom of information requests you can get from the CBSA.
>> You're welcome to file those. Just >> Yeah. So where is CBSA?
That's all I need to know. And I can get my paperwork. I can ask them the questions I need to ask them because I was actually wondering what was in this building. And now that I found out from outside at CBSA, I have business with CBSA and I want to find out some information for the stories that I'm doing.
>> Yeah. So, where's CBSA?
>> My friend, I'm not telling you the nature of >> Okay. So, this looks like a publicly accessible area down here.
>> Is CBSA down this way?
>> It It is a publicly accessible area.
There's no lock on the door, but I'm looking for CBSA. So, where's CBSA?
Where is CBSA?
>> Please.
>> Does CBSA have a public lobby in here, >> my friend?
>> Is CBSA open or closed at this time? Do you know that? Can you answer that? I >> I cannot answer those questions for you.
I'm sorry. I can't. No, I I I I seriously am not allowed to.
What's going on?
Can I ask what's going on?
>> Name and badge number.
>> Name and badge number is constible Murray with Kingston Police.
>> Constable Murray with Kingston Police.
Badge number three.
>> 453.
>> Yeah, >> that's it.
>> Yeah.
Can I ask what's going on?
>> I'm not going to answer that.
>> Why?
>> Cuz I don't feel like it.
>> No, you don't feel like it.
>> You got that.
>> Just filming everyone.
>> Is there a problem with that?
So, I'm just listening to my partner here to make sure everything's good.
>> You don't have a name and badge?
>> My name is Cam Golf. Badge 273.
>> Golf 273. Thank you.
>> I figured it. I mean, >> yeah. I mean, it'll be on Twitter.
>> I walked right out.
I just >> So this So guys, this lady here is making a false report saying she asked me multiple times to stop filming. I've never seen her before. She was talking to an old man.
Never spoke to me.
>> Yeah. No, you guys are dead.
>> I'm trying to be left alone, dude. I can hear you. Eh, >> I know. I'm just chatting with my partner.
>> Yeah. Okay. Don't Don't be pulling that where I'm out here looking for trouble.
I'm out here taking videos >> for trouble.
>> No, that's what you said I'm doing.
That's what you said to her, too. You said something very similar to it. We have a third guy coming.
>> Don't say that, dude. Just say he has the right to do this. He has every right to do this. Leave him the alone. What's your name and badge number? You should be wearing a tag, too, right?
>> What's your name?
>> I'm not giving you that.
>> I'm not giving you mine.
>> Oh, you're not going to give me yours?
Yeah, that's that's the way it works.
>> What's your name?
>> You know the the Ontario Police Act, right?
>> Yeah.
>> Yeah. You're supposed to have a badge and a name tag prominently displayed.
>> Cool.
>> Displayed like Murray and go.
>> So, what's your name and badge number?
>> All right. Enjoy the rest of your money.
>> Yeah.
>> Do something about him.
Take your [ __ ] camera.
>> You're going to take my camera, are you, old guy?
>> So, these are the people that call the cops.
Shouldn't call cops when there's no crimes, lady. Sir, I know it was you, Mr. I'm going to run to the police when I get here. Was it you that called?
>> Okay.
>> I'm just >> Yeah. No, I agree.
>> I agree.
>> Yeah, I know he does. This This is a This is what a tyrant looks like, guys.
Guy won't identify. Probably people up at night. Probably have complaints against you, too. How many complaints have been substantiated?
>> How long you been down here? Was he in your like >> tyrant?
>> Car 111. Kingston police.
>> Yeah, just leave him alone.
>> The more you talk to the guy with the camera, the more the guy with the camera records.
>> Stay away from the bank windows. Okay, sir.
>> Blah blah blah. Don't take your fish out of the tank and leave it on the counter.
Don't drink yellow snow from the bank.
>> Absolutely not. Not a chance. This is a public sidewalk. Sir, >> are you trying to trespass me from a public sidewalk? That's cool.
>> If you're going to be filming inside the bank, don't have an issue with it. Okay.
>> Oh, you're going to have an issue with it. Get your sergeant out here. I want your sergeant out here. I don't care if the bank has an issue with it. This is a public sidewalk. A traditional public forum. You have no say out here. You have no control over me.
>> You also can't record personal things in in the bank and on their screen. So, if you're going to be doing it, >> that's up to them. That's up to them.
>> Okay.
>> No, I want your sergeant here. I want your sergeant here right now.
>> Okay.
>> Call your sergeant. I want your name and badge number.
>> Next time you go near the bank windows, then you're going to come with me. Okay.
>> Get your sergeant out here.
>> If he goes near the banks, we're going to take him with us.
>> Get your sergeant out here.
>> Okay. I'm just letting you know.
>> Get your sergeant out here.
>> My sergeant's not coming out here.
>> Yes, he is. Get your sergeant out here, sir.
>> You can call the station if you have an issue.
>> Yeah.
>> Okay. Go ahead. There's lots of There's lots of ways you can do that.
>> Yeah. Tyrant number one and tyrant number two at the porn stash.
>> Cool guy. Next time you're near the windows, then you're going to come with us.
>> Yeah.
>> Okay. I'm just letting you know.
>> Kingston police.
>> All right.
>> Suck it.
Okay.
>> Good luck, boys.
>> Thank you. Appreciate your time.
>> Done licking their boots for them.
>> Tyrants don't know about our rights. I want this guy's name and badge number.
We're going to find that out.
>> Yeah. yourself, dude.
>> Car 106. It's what we call the drive of shame for these cops that are going to arrest me if I go near a bank on a public sidewalk.
>> The right to record in Canada and the USA is governed by a principle of constitutional paramount C 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 sight 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 Oaks 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 juristprudence 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 purpose of 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.
Heat. Heat.
Oh, hey.
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