Josh Dehaas: Canadian cities are clamping down on free speech
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Yet in the past few years, city councils throughout the country have created new restrictions on speech in council meetings, in streets, in parks, even in backyards. Many of these restrictions violate the Charter. The Canadian Constitution Foundation (CCF) is fighting back through litigation, with our new report on ' Canada's Most Censorious Bylaws ' and with our new Municipal Muzzle Award for the city with the worst restriction.
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This year, Calgary won top prize. In response to protests against drag queens reading in libraries, Calgary passed its Orwellian-sounding Safe and Inclusive Access Bylaw, which threatens fines for protesting within 100 metres of library or recreation centre entrances if the protesters express an 'objection or disapproval towards an idea or action related to' various human rights grounds.
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The 'bubble zone' bylaw, which the CCF is challenging in court, bans not only speaking out against drag queens reading books to kids, but also speaking out in favour of it. It bans protests against transgender women competing in women's sports, and protests in favour. It bans 'no one is illegal' protests and anti-immigration demonstrations. All of this is obviously protected speech. Toronto and the neighbouring municipalities of Vaughan and Brampton have passed similar speech restrictions in response to anti-Israel protests. Ottawa may be next.
The first runner-up for the Municipal Muzzle Award was Caledon, Ont., where councillors and members of the public speaking at council meetings are banned from using indecent, offensive or disrespectful language when talking about local, provincial or federal politicians. Council members are also banned from insulting the Royal Family. Since when are we not allowed to speak disrespectfully about the premier or the King? Caledon also requires every meeting to open with an Indigenous land acknowledgement, which is a form of compelled political speech.
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The second runner-up is South Bruce Peninsula, Ont., which has an outrageous bylaw that prohibits picketing in any public place unless authorized by the town, which amounts to a near-total protest ban. Picketing is defined as 'any activity associated with protesting/objecting and may include the display of signs, placards, flags, shirts, hats, etc. which portrays a message, symbols or marks, silence, shouting, chanting, singing, marching, standing and sitting.' You read that right: even silent protests are purportedly illegal according to the geniuses who wrote that bylaw.
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The good news is that we're fighting back. Last summer, Whitehorse passed a 'civility policy' that allowed the chair at council meetings to require citizens to remove or cover up any attire that he or she found 'disrespectful,' banned bringing signs of any kind into council chambers and forbid the use of 'microaggressions,' including 'unconscious' expressions. After the CCF sought judicial review, Whitehorse amended its policy to better protect free speech.
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