Justice Centre for Constitutional Freedoms’ lawyers have sent a demand letter to City of Powell River on behalf of city resident Pat Martin regarding what the justice centre termed as censorship.
According to a media release from the justice centre, the letter demands that the city amend and delete sections of proposed policies and procedures that could be used to censor citizens concerned with a proposed change to the name of Powell River. The letter also asserts that some councillors have been biased throughout the proceedings and must recuse themselves from discussions and abstain from voting on issues surrounding the proposed change, the release stated.
According to the release, in a June 21, 2021 letter, Tla’amin Nation demanded that the city change its name, objecting to the city’s historical namesake, Israel Wood Powell (1836-1915). Tla’amin claimed that Powell was involved in promoting the residential school system, the release stated. Powell was appointed superintendent of Indian affairs in British Columbia in 1872.
Following months of tense consultations, city council is now considering a new council procedure bylaw and amendments to its code of conduct policy that seem likely to be used to suppress the expression of residents concerned with the proposed change, the release stated. According to the release, the new policies would silence people who use “disrespectful language, make defamatory statements, allegations, inferences.” In the past, city councillors have tried to censor dissenting members of the public for “disrespect,” “hate,” et cetera, according to the release.
The justice centre stated that the demand 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, the release stated.
Lawyer Glenn Blackett stated, “Ms. Martin is reasonably concerned about the state of democracy in Powell River. Some members of city council seem to think public consultation is less about listening to citizens’ thoughts and more about correcting citizen wrong-think through education. I hope to remind council that democracy is about open debate, including expression people might find wrong and offensive. To bubble-wrap democracy is to suffocate it.”
Martin, in an email response to the Peak, stated: “I’m extremely grateful to Glenn Blackett of the Justice Centre for Constitutional Freedoms, who took a complicated situation and broke it down into an easily understandable sequence of events with supporting documentation. I’d also like to thank the team of researchers who assisted me. This was a team effort and everyone involved can be proud.”
An email has been sent to the justice centre’s media account, and an effort was made by the Peak to reach the organization by phone, but so far, there has been no response.
The Peak has contacted the city and received the following response: “The City of Powell River’s proposed bylaws and policies undergo comprehensive legal review to ensure the statutory obligations and Canadian Charter of Rights and Freedoms are upheld.
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