Rights group alleges Whitehorse's civility policy violates free speech in legal petition

A charity focused on defending Canadian constitutional rights is taking the City of Whitehorse to court over its civility policy, alleging the restrictions and sanctions it imposes on council meeting participants infringes on freedom of expression. 

The Canadian Constitution Foundation, in a petition filed to the Yukon Supreme Court this month, described the policy as "among the most severe" in the country. It's asking for an order declaring the policy in violation of section 2(b) of the Charter of Rights and Freedoms and for it to be struck down.

Foundation lawyer Josh Dehaas said in an interview that restrictions like prohibiting signs or banners and limiting what participants can wear to council meetings "goes really way too far." 

"These types of policies that limit expression in city council meetings, municipal council meetings, have been proliferating across Canada so we've kind of had our eye on this issue," he said. 

"But then when we saw Whitehorse's … we thought, 'this is a really exceptionally bad policy.'" 

The foundation's petition follows a warning letter it sent to the city after council members voted 4-2 to pass the policy in August, which Mayor Laura Cabott said at the time was meant to ensure a safe, respectful environment and efficient use of meeting time. 

Besides the ban on signs, the policy also requires meeting participants to remove or cover up any attire deemed "disrespectful" and gives administrative staff permission to discard documents containing "insulting" language. Participants must also refrain from disrupting proceedings, engaging in "microaggressions, physical attack, threatening behavior [sic], verbal abuse, and from making verbal or written threats." Sanctions for doing so include removal from a meeting and being barred from attending future meetings. 

City spokesperson Matthew Cameron declined to comment on the petition, saying the city does not comment on legal matters. 

The case has yet to be heard by a judge. 

'I respect city council members, but you do have a right to insult them'

In its petition, the foundation notes that the city introduced the policy after several council meetings over the summer where participants urged the mayor and council to write a letter in support of a ceasefire in Gaza and to reconsider a struck-down motion expressing support for Palestinians. 

The petition also states that the foundation, after sending its warning letter to the city, was "approached by Whitehorse residents" who supported the threatened legal action should the policy not be rescinded, but who didn't "have the wherewithal to bring the matter before the courts themselves." 

Dehaas said he was "pretty shocked" when he first read the policy, arguing that the attire restrictions effectively ban people "from wearing certain political messages." 

"There were other aspects of the policy that also really seriously limit freedom of expression —  for example, having city administration go through documents that people might share with council and decide whether or not those could be insulting to city council members," he continued.

"And you know, I respect city council members, but you do have a right to insult them."

Dehaas added that he was surprised by the sign ban, noting that people "have long brought signs into city council venues and it gets their political message across."

 "Sometimes the politicians don't like that message, but you have every right to do that," Dehaas said.

"We're really concerned that local municipalities are just going too far and limiting participation in local democracy and so we really need Whitehorse to … rescind this policy as soon as possible."