The Canadian Constitution Foundation (CCF) has urged the City of Edmonton to rescind its policy of requiring media inform it prior to reporting on Edmonton Transit Service (ETS) property. “As a former journalist, I’m suspicious that this policy is aimed at preventing journalists from doing their job and reporting on issues that are in the public interest such as rampant drug use in LRT stations,” said CCF counsel Josh Dehaas in a press release. “Even if the policy is aimed at preserving safety and efficiency, it goes way too far by suggesting journalists need to seek permission or provide notice before engaging in their Charter-protected right to film, observe, and interview transit users.” ETS mandated media notify the City of Edmonton prior to producing journalism on any of its properties on October 31. READ MORE: Edmonton Transit Service bans journalists on properties without permits“Now I need to go to Edmonton to shoot pictures, video and write stories while on ETS property,” said Western Standard columnist and show host Cory Morgan..Outside of various media opportunities, ETS said journalists are required to notify the City of Edmonton prior to reporting on its property for the mutual safety of themselves and transit riders. Dehaas wrote to the City of Edmonton on Tuesday to make officials aware seeking permission to do journalism is an unjustifiable limitation on freedom of expression and freedom of the press guaranteed under Section 2b) of the Canadian Charter of Rights and Freedoms. He said the CCF might be forced to litigate if the policy is not changed. CCF Litigation Director Christine Van Geyn urged the City of Edmonton to rescind the policy. “While some ETS property like secure areas are not places where speech is historically protected, there is clear Supreme Court of Canada guidance that places like LRT stations are public spaces where expression such as news reporting is protected and any limits must be demonstrably justified,” said Van Geyn. “It is the CCF’s preference not to litigate because it would be the taxpayers of the City of Edmonton who would bear the cost of the city’s decision to defend this unconstitutional policy.”Van Geyn acknowledged these expenses “can be avoided if the city rescinds the policy and replaces it with one that clarifies that journalists can report freely without notifying the city or seeking permission so long as they do not interfere with the safety or effectiveness of the system or enter secure zones.”
