Ontario school board warned their ban on recording public meetings is unconstitutional

KITCHENER, ON: The Justice Centre for Constitutional Freedoms announces that a letter has been sent to the Waterloo Catholic District School Board (WCDSB), warning them that their prohibition on photography and audio/video recordings of public meetings is unconstitutional and could face legal action.

The letter was sent on February 24, 2025, and was directed to WCDSB Chairman Bob Sikora and Director Tyrone Dowling.

On January 27, 2025, Jack Fonseca, a resident of the Waterloo region, attended a WCDSB public meeting, as he had many times in the past. On this occasion, when he took out his phone to take a photo, security told him he was allowed to take only one photograph and no more. Security then said he would not be allowed to record video or audio in the public meeting; if he tried to do so, he would be ejected. Mr. Fonseca had photographed and recorded previous WCDSB meetings. He had seen others do the same, including members of the press.

Mr. Fonseca sought clarification from the Board and was told by Chairman Sikora that the WCDSB had not passed any policy forbidding photography or audio/video recording. Rather, it was the Director of Education and Secretary of the Board Tyrone Dowling who, on his own initiative, had instructed security staff to ban photography and recording.

Shortly afterwards, the Board added a passage on its website under “Meeting Information.” New sign-in protocols informed visitors that they would now be prohibited from taking pictures or making audio/video recordings at the meetings.

The warning letter notes that, as a government entity, the Board has a duty to respect the Canadian Charter of Rights and Freedoms. Photography and audio/video recording are protected under Charter Section 2(b), which guarantees freedom of “expression, including freedom of the press and other media of communication.”

The letter goes on: “Audio and video recording itself is not ‘improper conduct’ justifying the exclusion of individuals from meetings. School boards are democratically elected and public board meetings foster local democratic decision-making and civic engagement.”

The letter concludes by warning that if the Board fails to remove the prohibitions on recording, it may face legal action. The letter suggests that instead of prohibiting recording, the Board should openly proclaim that it permits audio/video recording of its meetings, “recognizing that doing so advances the freedom of expression, including the right to hear, of Waterloo Region residents and enhances democratic engagement in its constituents.”

Lawyer Hatim Kheir stated, “School boards are an important form of local democracy, but the reality is that very few people from the community are able to attend. The ability of attendees to photograph, record, and disseminate what occurs at meetings helps the broader public get engaged. The ability to record is protected by the Constitution and promotes the democratic function of school boards.”