The Alberta Court of Appeal has agreed to hear a constitutional challenge to Calgary's controversial "bubble zone" bylaw, setting the stage for a new legal battle over freedom of expression and protest rights.The Canadian Constitution Foundation (CCF) announced Thursday that the province's highest court granted leave to appeal a Court of King's Bench ruling that partially upheld Calgary's Safe and Inclusive Access Bylaw while affirming a ticket issued to Calgary protester Larry Heather.Heather was fined after protesting within 100 metres of the Central Downtown Library during a drag queen story event in April 2023, conduct prohibited under the city's bylaw.The bylaw restricts demonstrations expressing "objection or disapproval" related to protected characteristics, including race, religion, gender, gender identity, gender expression, disability, age, ancestry, place of origin, marital status, source of income, family status and sexual orientation, within 100 metres of the entrances to libraries and recreation facilities.The CCF challenged the bylaw, arguing it unlawfully restricts speech based on the content of expression. The organization later intervened in Heather's case.In his earlier decision, Justice S.G. Parker found the bylaw was overly broad because it extended well beyond protecting the sexual minority community. However, he still upheld the ticket issued to Heather..The CCF is now backing Heather's appeal, arguing the bylaw violates Charter-protected freedom of expression.CCF interim executive director Christine Van Geyn welcomed the Court of Appeal's decision to hear the case."Protesters should not be forced to hold their demonstrations blocks away from an event that they wish to protest against," Van Geyn said. "A society that values freedom of expression presupposes that people will hear expressions they find offensive or vehemently disagree with."CCF interim litigation director Josh Dehaas urged Calgary city council to repeal the bylaw rather than continue defending it in court."The Supreme Court has repeatedly said that freedom of expression exists to protect ideas that are unpopular, distasteful or contrary to the mainstream, because that is how we settle disputes in a democracy and get to the truth," Dehaas said.The appeal will be argued by lawyer Sarah Miller of Jensen Shawa Solomon Duguid Hawkes LLP on behalf of the CCF and Heather.The Canadian Constitution Foundation is an independent registered charity that litigates constitutional cases involving civil liberties and Charter rights across Canada.
