The Justice Centre for Constitutional Freedoms has sent a demand letter to the City of Powell River calling on officials to ditch a proposed council procedure bylaw and code of conduct amendments that could be used to censor those opposed to changing the city's name.The move was made on behalf of local resident Patricia Martin, who has long sought to ensure that a transparent, democratic process is able to unfold before any changes are finalised.In its letter, the JCCF explained that Martin had expressed concern that the bylaw and code of conduct amendments "contain terms which are likely to compound division and stifle productive, if difficult, dialogue."The organization cited the fact that while the bylaw and code do "regulate the manner of expression," they also "contain terms which limit (and have already been used by council to limit) the content of expression.""Content limits are, with rare exception, inherently unconstitutional and undemocratic and exceed council's legal jurisdiction," the JCCF stated, adding, "If the city wants to restore productive dialogue and community cohesion, it must reverse course, not double-down."If the new policies are adopted, "members of the public who, when providing input use disrespectful language, make defamatory statements, allegations, inferences etc. will be asked to stop speaking immediately, be given the opportunity to apologize and adjust their comments accordingly."In cases where the individual "continues to speak disrespectfully," they will be advised to "once again stop speaking" or be asked to "return to their seat in the gallery or leave the meeting room."Whether or not the city will change its name has been hotly debated since the Tla'amin Nation first demanded the move be made in 2021, citing Israel Wood Powell's involvement in the residential school system."Martin is reasonably concerned about the state of democracy in Powell River," JCCF lawyer Glenn Blackett said in a press release. "Some members of city council seem to think 'public consultation' is less about listening to citizens' thoughts and more about correcting citizen wrongthink through 'education.' I hope to remind council that democracy is about open debate, including expression people might find wrong and offensive. To bubble-wrap democracy is to suffocate it."Also at issue is whether some councillors had ulterior motives for wanting to change the city's name. As was noted in the press release, Mayor Ron Woznow's motion to obtain a legal opinion on the matter was voted down, leading Martin to contact the JCCF and obtain one herself."I am committed to ensuring that free speech prevails and that there is no conflict of interest in the process," she said. "I also believe in using a democratic process when determining whether the city will change its name."This is not the first time the JCCF has intervened to secure freedom for residents of Powell River. On June 10, 2024, local resident Diane Sparks booked a room at the library to host an event the following month at which a number of speakers would discuss the name change. The public institution pushed back, claiming the event had to be vetted before being given the green light.The JCCF stepped in and reminded the library it was bound by the Charter of Rights and Freedoms, at which point officials stood back and let the event go forth as planned.
The Justice Centre for Constitutional Freedoms has sent a demand letter to the City of Powell River calling on officials to ditch a proposed council procedure bylaw and code of conduct amendments that could be used to censor those opposed to changing the city's name.The move was made on behalf of local resident Patricia Martin, who has long sought to ensure that a transparent, democratic process is able to unfold before any changes are finalised.In its letter, the JCCF explained that Martin had expressed concern that the bylaw and code of conduct amendments "contain terms which are likely to compound division and stifle productive, if difficult, dialogue."The organization cited the fact that while the bylaw and code do "regulate the manner of expression," they also "contain terms which limit (and have already been used by council to limit) the content of expression.""Content limits are, with rare exception, inherently unconstitutional and undemocratic and exceed council's legal jurisdiction," the JCCF stated, adding, "If the city wants to restore productive dialogue and community cohesion, it must reverse course, not double-down."If the new policies are adopted, "members of the public who, when providing input use disrespectful language, make defamatory statements, allegations, inferences etc. will be asked to stop speaking immediately, be given the opportunity to apologize and adjust their comments accordingly."In cases where the individual "continues to speak disrespectfully," they will be advised to "once again stop speaking" or be asked to "return to their seat in the gallery or leave the meeting room."Whether or not the city will change its name has been hotly debated since the Tla'amin Nation first demanded the move be made in 2021, citing Israel Wood Powell's involvement in the residential school system."Martin is reasonably concerned about the state of democracy in Powell River," JCCF lawyer Glenn Blackett said in a press release. "Some members of city council seem to think 'public consultation' is less about listening to citizens' thoughts and more about correcting citizen wrongthink through 'education.' I hope to remind council that democracy is about open debate, including expression people might find wrong and offensive. To bubble-wrap democracy is to suffocate it."Also at issue is whether some councillors had ulterior motives for wanting to change the city's name. As was noted in the press release, Mayor Ron Woznow's motion to obtain a legal opinion on the matter was voted down, leading Martin to contact the JCCF and obtain one herself."I am committed to ensuring that free speech prevails and that there is no conflict of interest in the process," she said. "I also believe in using a democratic process when determining whether the city will change its name."This is not the first time the JCCF has intervened to secure freedom for residents of Powell River. On June 10, 2024, local resident Diane Sparks booked a room at the library to host an event the following month at which a number of speakers would discuss the name change. The public institution pushed back, claiming the event had to be vetted before being given the green light.The JCCF stepped in and reminded the library it was bound by the Charter of Rights and Freedoms, at which point officials stood back and let the event go forth as planned.
