A B.C. teen who aspires to be a journalist says his rights were violated when he was set upon by security guards and then arrested by police after photographing an incident at Metrotown shopping mall in Burnaby, B.C.

Jakub Markiewicz , 16, said he was in the mall in September and took a picture of what he thought was a newsworthy event — a man being arrested by security guards.

But Markiewicz said the guards quickly turned on him, demanding he delete the photo, which he couldn’t do because he was shooting on a film camera.

Markiewicz said he turned to leave the mall and then snapped a second shot as RCMP arrived.

He said the security guards held him, attempting to grab his camera, and he was pushed to the ground. He said he then tried to use his body to protect two cameras he carried in his bag.

"They're just yelling and screaming, and just telling me to stop resisting," Markiewicz said.

He admits he started swearing and was then handcuffed by police and taken outside the mall to an RCMP cruiser by the officers and mall security.

Markiewicz said the guards again demanded he delete the photos and he told them once more he couldn’t.

Backpack cut off

He said the Mounties could not remove his backpack while he was handcuffed so they cut it off his back with a utility knife and searched it.

"I was like, just perplexed. I was like, ‘What's going on here, why am I being treated like this,’” he said.

Burnaby RCMP say Markiewicz was arrested for causing a disturbance, but was not charged. He has, however, been banned from Metrotown mall for six months.

The teen’s father, Zbigniew Markiewicz, said mall security and police completely over-reacted.

"There’s no real threat to anyone by having a camera and snapping a picture," he said.

Lawyer Douglas King, of Pivot Legal in Vancouver, agrees, saying that private mall security guards and police have no right to try to seize someone’s camera or demand that photos be deleted — even on private property.

No questions asked

King said that too often, police take the side of guards, with no questions asked.

"They need to be able to look at this with a cool head, separate the parties, and really give a fair analysis to both sides, not put a kid in handcuffs and take him to a police cruiser," King said.

- CBC News Investigates: Send us your tips

Metrotown mall backs the actions of its security guards.

“He didn't comply with the request of the security nor the RCMP, so they took appropriate action they deemed necessary to defuse the situation,” said Doug MacDougall, of Metrotown Properties. MacDougall said that Markiewicz was told that he couldn't take pictures inside the mall.

King said the province needs better oversight of security guards.

Justice Minister Shirley Bond told CBC News that current legislation contains adequate measures to ensure appropriate oversight of the security guard industry, but said that oversight is a big job.

"Remember, there are 22,000 licensed security personnel that are doing their job every day — there are situations that will happen, but we have a process to deal with that, as do the police," Bond said in an email.

Justice Ministry spokeswoman Tasha Schollen said there had been 371 complaints related to the security industry filed since the beginning of 2011. Schollen said 22 of the complaints related to use of force and of those, five have led to "enforcement action."

Also on HuffPost:

Loading Slideshow...
  • VIkram Vij, Chef, Vancouver

    <strong>"... open the borders."</strong> "Let everybody come in and enjoy being multicultural."

  • Mayor Mike Bernier, Dawson Creek

    <strong>"... bring trust back to politicians."</strong> " I would personally love to see from the political side of things, municipal or provincial, that we reach out and try to do a better job of engaging the public and bringing them along for all the decisions being made."

  • Ta'Kaiya Blaney, Singer/Activist, North Vancouver

    <strong>"... I <em>will </em>protect the wilderness and coast of B.C. from development."</strong> "In my culture it's part of my past and understanding that everything is connected so once you take away the cedar trees and clear-cut the forest, how are we supposed to make cedar baskets? It's important to me, to First Nations in B.C. to keep our culture alive and pass down what has been passed down to us."

  • Vancouver Councillor Kerry Jang

    <strong>"... build more affordable housing."</strong> "For me it's about making sure we have a range of housing available in the cities and the regions to allow people to live and work where they choose, not because they have to. And that just helps our economy because if you can work closer, that's great!"

  • Antonia Freybe-Smith, Jets Overhead singer, Victoria

    <strong>"... relax the rule about campfires on beaches a little bit." </strong> "I think we could all use a few more beachfire sing-a-longs in our lives!"

  • Ian Hanomansing, CBC Journalist, Vancouver

    <strong>"... do whatever is necessary to make sure next time the Canucks are in the Stanley Cup final, the series doesn't go seven games."</strong>

  • Kaeli Robinsong, TacoFino co-owner, Tofino

    <strong>"... (have) no pipelines."</strong> "I would like to see a ban of any future prospect of an oil pipeline coming through B.C. from Alberta to the coast."

  • Nardwuar The Human Serviette, Celebrity interviewer/Musician, Vancouver

    <strong>"... share my favourite radio station with everyone."</strong> "I would make my favourite radio station in the world, UBC's <a href="http://www.citr.ca" target="_hplink">CiTR 101.9</a> mandatory listening for all British Columbians! Doot doola doot doo ... doot doo!"

  • Rabbi Shmulik Yeshayahu, Community Kollel, Vancouver

    <strong>"... focus on educating the next generation with an emphasis on moral and ethical values and by inspiring them to live a life of meaning and purpose."</strong> <a href="http://thekollel.com/" target="_hplink">Ohel Ya'Akov Community Kollel</a>

  • Richard Hunt, CEO of Penticton Whole Foods Market, Penticton

    <strong>"... how much better can it get?" </strong> "I sincerely believe that Canada is the best country in the world to live in and B.C. is the best province in the country. I can't point to a single thing that would make the whole province a whole lot better." <a href="http://wfm.ca/" target="_hplink">Penticton Whole Foods Market</a>