BCCLA calls out municipalities for removing citizens' HST signs
by British Columbia Civil Liberties Association
The BCCLA is weighing in on reports that city
officials in Vancouver, Maple Ridge and Chilliwack have been removing
citizens’ political signs about the Harmonized Sales Tax Referendum
placed on public property like boulevards and meridians. The BCCLA has
written to the Mayors of these municipalities urging them to refrain
from removing political signs for the duration of the referendum
campaign.
“Municipalities are enforcing bylaws that will not
survive constitutional challenge. A legal challenge will be costly to
citizens and taxpayers and we are instead urging municipalities to do
the right thing: respect political speech rights and redraft your bylaws
to be Charter complaint,” said Robert Holmes, Q.C., President of the
BCCLA.
In the fall of 2010, the British Columbia Court of
Appeal struck down a Vancouver bylaw that amounted to an absolute
prohibition on political structures in public space in relation to the
Falun Gong protest hut. The Court found that a blanket prohibition on
the use of public space for political speech was a violation of
citizens’ rights to free expression.
Holmes: “As the Supreme Court of Canada has said
repeatedly, political speech lies at the heart of freedom of
expression. While it might be permissible under the Charter to regulate
the time, place and manner of expression, any such restrictions have to
minimally impair citizens’ right to political expression. The
draconian removal of citizens’ HST signs obviously does not meet that
legal test. Municipalities cannot make whatever rules they wish for
public space, as if they were private owners of the property. Public
space is subject to the Charter and because of that, there must be some
room for political speech in public space. We understand that Surrey
initially removed HST signs, but reconsidered. We commend Surrey, and
call on other municipalities to do the same.”
British Columbia Civil Liberties Association
June 24, 2011
