Section
150 of the
Criminal Code of Canada defines the term
"public place" as it relates to Part V of the Code, which deals with offences against public
order. The section states that a
public place includes any location that is accessible to the general public by right or by invitation, either explicitly or implicitly. This definition is essential to the interpretation of the criminal offenses outlined in Part V of the Code, as many of these offences are only considered crimes if they are committed in a
public place. Some examples of offences that require a
public place include causing a disturbance, behaving in a disorderly manner, and engaging in indecent public acts. The inclusion of both explicit and implied invitations in the definition of a
public place is also important. An explicit invitation would be an open invitation made by the owner of the
property, while an implied invitation would arise when a
person enters a location without being expressly denied access. This
means that individuals cannot necessarily argue that they did not know they were in a
public place if they entered without express invitation.
Public Places means enclosed areas within publicly and privately owned buildings, structures, facilities, or complexes that are open to, used by, or accessible to the general public. Public places include, but are not limited to, stores, banks, eating establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums, enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy facilities), automotive service centers, general business offices, nonprofit entity offices and libraries. Public places further include, but are not limited to, hallways, restrooms, stairways, escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture rooms, buses, or other enclosed places that are open to, used by, or accessible to the general public.
Section
213(2) of the
Criminal Code of Canada defines what is meant by a
"public place" in the context of prostitution-related offences. The section states that a
public place includes any
place to which the public has access by right or by invitation, whether it is a physical location like a park or a building, or a transient location like a
motor vehicle. The definition also covers any location that is open to public view, regardless of whether it is an indoor or outdoor space.
From what I can tell, it's not so much the legality of recording someone (video and/or audio) in a public place, but more about what you can legally do with the recordings after the fact,
m.youtube.com
