In response to the CCF’s challenge, Regional Council voted on Aug. 29 to amend the new rules. Photo Credit: The Niagara Independent.
The Canadian Constitution Foundation in recent weeks threatened a constitutional challenge to Niagara Regional Council’s decision to ban signs, flags and props from council meetings following the Gaza protests that erupted during a meeting earlier this year.
Regional councillors voted in July to prevent members of the public from bringing signs, flags or props to future council meetings in a 27-2 vote.
Councillors overwhelmingly approved these bans following recommendations from regional officials, who were asked to review council’s policies following the Gaza protests that ultimately saw a January council meeting suspended twice.
The demonstrators were protesting council’s decision to take Councillor Haley Bateman’s motion to have council express solidary with the people of Gaza off the meeting’s agenda.
However, the Canadian Constitution Foundation’s Litigation Director, Christine Van Geyn, says council’s July policy changes likely violate the rights of those living in Niagara Region.
“Niagara Region must show that the ban on signs, flags, props and place cards is a reasonable and demonstrably justified limit to free expression through a proportionality test,” said Van Geyn.
It is the CCF’s position that Niagara Region’s rules likely would not be justified under such a constitutional test, meaning citizens’ rights are being violated.
Regional Chair Jim Bradley, who favoured the July restrictions, suggested that the moves were needed to promote decorum and to ensure council’s business gets done. He also pointed to similar rules in cities like Toronto, Mississauga and Waterloo.
“Council’s singular goal was to amend the procedural bylaw to help ensure council meetings are effective, free from distraction, and decorum is being maintained,” argued Bradley.
Only Bateman and Pelham Mayor Marvin Junkin, also on Regional Council, voted against the July measures.
In response to the CCF’s challenge, Regional Council voted on Aug. 29 to amend the new rules. However, it is likely that these amendments don’t go far enough to allow the Region to avoid a legal challenge.
Under the new rules, signs, props and flags are no longer banned, but councillors are still unallowed to “fraternize” with members of the public during meetings, correspondence criticizing specific councillors will be banned and detailed speaking notes must be provided by members of the public who wish to speak in advance of meetings.
The bylaw also says that members of the public “may not applaud, heckle, make audible demonstrations of support or opposition, engage in conversation or display any other behaviour which may be considered to be disruptive, inconsiderate, disrespectful or intimidating to others.”
In addition, while signs are now allowed, they must also not have defamatory language, offensive language or include hate speech. How it will be determined what signs fall into those categories remains to be seen.
The Niagara Palestine Coalition in particular continues to argue that the revisions to the Region’s policy don’t go far enough.
“Council still left…parts of their twisted policies untouched,” argued a spokesperson for the NPC.
The CCF has yet to indicate whether it plans to proceed with legal action given Regional Council’s Aug. 29 revisions to its signage policy.
