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CALGARY: The Canadian Constitution Foundation (CCF) will be in the Alberta Court of Kings Bench on February 25 and 26 in a judicial review they have brought challenging the constitutionality of a Calgary law restricting the right to protest.

The Calgary “safe and inclusive bylaw” restricts specified types of protests, namely 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”.

The bylaw prohibits protests of this nature on publicly accessible property within 100 metres of an entrance to a recreation facility or a library.

CCF Litigation Director Christine Van Geyn called the bylaw “a clear violation of the rights to freedom of expression and assembly.”

“At its core, this law is about preventing offence,” Van Geyn said. “There is no right not to be offended,” she added. “We are extremely fortunate to live in a western democracy where people can express disapproval or disagreement with government policies. There are many countries around the world where disagreeing with something the government is doing will land you in jail. We do not want Canada to become a country like that.” 

The Calgary law comes with a maximum $10,000 fine as well as the possibility of a term of imprisonment. 

“The right to free expression is content neutral,” Van Geyn explained “It is not for the government to decide what topics people may protest, and what topics are forbidden,” she added.“If we only had the right to express things the government agrees with, the right would cease to have any meaning whatsoever.”

The CCF is represented in this case by lawyer Yoav Niv, of Yoav Niv Law.

The court proceedings can be watched at 9:30 AM Mountain Time, here.

Members of the public interested in supporting the costs associated with this case can make a tax-deductible charitable donation at theCCF.ca/donate/