The Justice Centre for Constitutional Freedoms has issued a legal warning to Edmonton’s mayor and city council, arguing that the city’s proposed Public Spaces Bylaw violates fundamental Charter rights and the rule of law.
The letter describes the bylaw as “anathema to Canada’s constitutional order” and warns that it infringes on freedom of expression, peaceful assembly, and other constitutional principles.
The proposed bylaw, officially named “20700 Public Spaces Bylaw,” outlines conditions for public protests, including a requirement for a permit for any gathering of more than 100 people, whether planned or spontaneous.
The Justice Centre contends this restriction is overly broad and unconstitutional.
“While some kind of requirement may be reasonable in a situation like a march on roadways to disrupt traffic, it is clearly unreasonable to infringe constitutional rights with respect to almost every gathering, almost everywhere, at any time,” said constitutional lawyer Glenn Blackett.
The bylaw would grant the City Manager sole discretion over issuing and revoking permits, with no clear guidelines on how that authority should be exercised.
Blackett warned that this approach undermines the rule of law.
“The result of this is that the bylaw ends up not being ‘the rule of law,’ but instead becomes ‘the rule of the City Manager,’” he said.
Participants in a permitted gathering could face uncertainty about whether their permit remains valid at any given moment, creating what the Justice Centre calls a “chilling effect” on free expression.
The bylaw also includes provisions that prohibit "harassment" and "inappropriate behaviour," defining harassment as any conduct that makes another person “troubled” or “worried” or any comment deemed “unwelcome.”
Blackett criticized these provisions, arguing that they stifle open debate.
“A free society depends on the ability to express things that will most certainly cause feelings of worry or trouble. That’s the nature of meaningful civic dialogue,” he said.
“The City seems to be trying to turn the whole City into a ‘safe space.’ That’s folly. There is no freedom or democracy in a ‘safe space.’”
The Justice Centre also raised concerns about the city’s stated intention to apply the bylaw using “equitable” enforcement discretion, which it argues could lead to discrimination based on race, income, and other personal characteristics.
Blackett warned that this approach contradicts the rule of law.
“To know how the bylaw applies to them, it seems citizens will literally need to consider their own skin colour, sexuality, religion, and income,” he said.
“That’s not only un-Canadian, it’s a violation of the rule of law.”
Blackett urged Edmonton’s city officials to uphold democratic principles and reconsider the bylaw.
“As laudable as it is to be compassionate for marginalized communities, there is no compassion in undermining freedom,” he said.
