The Justice Centre for Constitutional Freedoms (JCCF) has sent a warning letter to the City of Nanaimo for amendments to the Council Procedure Bylaw and Respectful Spaces Bylaw that ban recording public meetings or taking photographs or video in any city facility or recreational area.
“There is no reasonable justification to enact a blanket ban on the recording of public council meetings,” said constitutional lawyer Andre Memauri in a press release. “The free engagement of residents with their municipal government is a fundamental component of democracy.”
Nanaimo Mayor Leonard Krog told The Discourse that he was surprised to get the letter and disappointed in the description of the bylaws and has passed the letter to the city’s lawyers.
“In a world with serious problems, where we have serious things to debate, people emphasizing a bylaw that is simply there to protect privacy as somehow an infringement of democratic freedoms is just silly,” he said.
Krog said he has no qualms enforcing the bylaw if needed and that recordings of council meetings were previously edited with commentary and used for misinformation, but since the bylaw was changed, “it hasn’t been an issue and democracy hasn’t collapsed.”
The JCCF wrote that “the scope of the Respectful Spaces Bylaw is particularly troubling” as “the language of the bylaw is so unclear that it could be understood to apply to everyday activities, such as taking a family photo in the park or filming their child’s soccer game in a public park.”
“Does anyone think it's appropriate to have adult strangers taking pictures of children in bathing costumes at the public pool?” Krog asked rhetorically.
As previously reported in The Discourse, civil liberties advocates criticized the changes to the bylaws at the time and two city councillors — Hilary Eastmure and Sheryl Armstrong — raised concerns about the possibility of it infringing on residents Charter rights and voted against it.
Since the bylaw was amended, local reporters have had to request permission to record council meetings and take photos and one man was removed from council chambers by RCMP officers after refusing to stop recording a council meeting without permission from the mayor.
The letter from the JCCF reads that if council “fails to reverse these unconstitutional prohibitions within a reasonable period of time, legal proceedings may follow.”
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