Justice Centre challenges proposed censorship by BC town council over name change
Lawyer Glenn Blackett stated, 'Some members of [Powell River] City Council seem to think 'public consultation' is less about listening to citizens' thoughts and more about correcting citizen wrong think through 'education.''
A community of 14,000 on the Northern Sunshine Coast has been embroiled in a name-change controversy after a June 21, 2021 letter from the Tla’amin Nation demanded the city rebrand. The city is named after Israel Wood Powell (1836-1915), Superintendent of Indian Affairs in British Columbia, appointed in 1872. The First Nation claimed Powell was involved in promoting the residential school system.
The City of Powell River @CityPowellRiver has proposed policies that will silence debate and exclude critical perspectives in their public consultations surrounding a name change to the West Coast community.
— Justice Centre for Constitutional Freedoms (@JCCFCanada) August 26, 2024
Some residents are concerned that the city's namesake, Israel Wood… pic.twitter.com/TbaEafybPe
The Council is now debating new Council Procedure Bylaws, and changes to the existing Code of Conduct policy, which could potentially silence criticism and stifle debate on the name change and other issues in the future.
The new policies would remove those who use "disrespectful language, make defamatory statements, allegations, inferences."
The new law says:
"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. If the member of the public continues to speak disrespectfully, the presiding member will immediately advise the member to once again stop speaking or advise them to return to their seat in the gallery or leave the meeting room."
Those found to have contravened the new regulations will be removed.
According to a Monday afternoon press release by the Justice Centre for Constitutional Freedoms:
"Lawyers sent a demand letter to the City of Powell River on behalf of Patricia Martin on August 26, 2024. The letter argues that the proposed Council Procedure Bylaw and Code of Conduct amendments violate the freedoms of conscience and expression, protected by sections 2(a) and 2(b) of the Canadian Charter of Rights and Freedoms. The new policies and proposed Council Procedure Bylaw contain terms which would limit the content of expression at City Council meetings, which is undemocratic and exceeds the Council’s legal jurisdiction."
Councillors have tried to censor the public at prior meetings for "disrespect" and "hate," and the City has tried to effectively silence citizens opposing the erasure of the community's namesake.
A June 10, 2024 event organized by Diane Sparks at the Powell River City Library was nearly cancelled before a legal threat from the JCCF forced the City to comply with the Charter of Rights and Freedoms.
The event, featuring Canadian political scientist Frances Widdowson, Powell River amateur historian Arthur Richards, and paramedic Ted Vizzutti, who was fired after he publicly opposed the proposed change, was in jeopardy of cancellation after organizers were informed the Library Board might not approve the speaking engagement.
The JCCF demand letter can be read here.
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