Blog

CALGARY – On Thursday, the Alberta Court of Appeal granted leave to hear the appeal of a Court of King’s Bench decision that partially upheld the constitutionality of Calgary’s “bubble zone” bylaw.

After a hearing last fall, Justice S.G. Parker of the Court of King’s Bench upheld the ticket issued to protester Larry Heather for statements he made within 100 metres of Calgary’s Central Downtown Library during a drag queen story event in April 2023, contrary to the city’s Safe and Inclusive Access Bylaw.

This “bubble zone” bylaw restricts protests that express “objection or disapproval” towards ideas or actions related to “race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation,” on publicly accessible property within 100 metres of an entrance to a recreation facility or a library.

The CCF challenged the constitutionality of the bylaw, and later intervened in Mr. Heather’s case, because the CCF believes the bylaw is an unlawful attempt to control the content of expression. Justice Parker agreed with the CCF that the bylaw was overbroad because it applied beyond the LGBTQ community, but nonetheless upheld Mr. Heather’s ticket. The CCF is now supporting Mr. Heather’s appeal.

CCF Interim Executive Director Christine Van Geyn said she was pleased that the Court of Appeal will consider the constitutionality of the bylaw.

“Protesters should not be forced to hold their demonstrations blocks away from an event that they wish to protest against,” she said. “A society that values freedom of expression presupposes that people will hear expressions they find offensive or vehemently disagree with,” she added.

CCF Interim Litigation Director Josh Dehaas encouraged the City of Calgary to repeal the bylaw.

“The Supreme Court has repeatedly said that freedom of expression exists to protect ideas that are unpopular, distasteful or contrary to the mainstream, because that is how we settle disputes in a democracy and get to the truth,” he said. 

The CCF ​is represented on the appeal by Sarah Miller of Jensen Shawa Solomon Duguid Hawkes LLP.