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KITCHENER, ONT. – The Canadian Constitution Foundation (CCF) is in court today challenging a Waterloo Region by-law amendment that threatens fines and removal from public property for “offensive” speech.

In September 2023, with the goal of preventing Islamophobia and other forms of hatred, Waterloo Regional Council amended its Code of Use By-law (#13-050) to prohibit “communicating, causing or permitting communication, with any person in a way that causes the person, reasonably in all the circumstances, to feel harassed.”

Harassment is defined as “experiencing objectionable or unwelcome conduct, comment, bullying, or actions that could reasonably cause offence or humiliation” on the basis of human rights grounds like race, gender and family status.

After the amendment passed, the CCF’s Josh Dehaas sent a letter advising the council that these restrictions on speech violated section 2(b) of the Charter of Rights and Freedoms and strongly recommending that the council amend it. When the council failed to do so, the CCF launched a Charter challenge in the Ontario Superior Court of Justice.

The CCF is asking the court to strike down the by-law amendments as an unjustifiable restriction on freedom of expression as well as being beyond the Region’s jurisdiction.

“While it’s open to municipalities to try to prevent harassment, Waterloo Region has instead created a censorship by-law that does not comply with the Charter or the federal division of powers,” said Dehaas. 

“The Supreme Court has been clear: there is no right not to be offended in Canada,” he added.

CCF interim Executive Director Christine Van Geyn said the amendment chills speech in public spaces like regional parks, squares and at the regional headquarters where council meets.

“When people know they can be banished and fined for saying something another person finds offensive or unwelcome, many will simply choose not to speak at all,” said Van Geyn. 

The CCF is represented in this case by Dehaas and Kristopher Kinsinger of SV Law. 

Media interested in attending virtually are asked to email counsel for more details.