The Canadian Constitution Foundation challenged Calgary’s “Safe and Inclusive Access Bylaw,” which prohibits certain protests within 100 metres of city libraries and recreation centres and carries penalties including fines of up to $10,000 and imprisonment.
The CCF argued that the bylaw violates Charter-protected freedoms of expression, association, and assembly by restricting protests based on their content. The issue came before the courts in a case involving a ticket issued to Mr. Larry Heather for protesting a drag queen reading event at Calgary’s Central Downtown Library.
The Alberta Court of King’s Bench upheld the ticket and concluded that the bylaw was a reasonable restriction on freedom of expression and religion. However, the court also agreed with the CCF that the bylaw was overbroad. It ruled that the bylaw’s purpose was limited to protecting access to facilities from protests directed at the Pride community and therefore required narrower drafting. The court also found that parts of the bylaw’s definition of “publicly accessible property” unjustifiably infringed Charter rights.
While the CCF welcomed the court’s decision to narrow the bylaw’s scope, it remains concerned that governments are being permitted to restrict peaceful protests based on the views being expressed.
Freedoms of Expression, Association & Assembly: Challenge against Calgary protest ban
CCF Launch: May 15, 2023
Jurisdiction: Alberta
Status: Closed
Next Key Date: Closed: partial victory
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