The Justice Centre for Constitutional Freedoms has sounded the alarm over a new vaguely-worded bylaw in Nanaimo making it a punishable offence to take photos or video on municipal property.Constitutional lawyer Andre Memauri warned that the legislation, which bans residents from recording city council meetings, will "stifle democracy" in an age where citizen journalism is more important than ever."For democracy to be functional, it requires the contribution of and involvement of residents," Memauri told the Western Standard. "We live in a very technological society; with handheld phones and social media, people are able to share information."Memauri noted that while this "can be used in a negative way," the ability to bring more information to more people in real time by and large "enhances democracy." He added that compared to the federal and provincial levels, municipal governance "doesn't typically get media coverage."."People are not generally as engaged in local governance," he continued, "and the fact that those who are engaged want to share information to others about things that should come to our attention is a benefit to democracy — that may involve the sharing of information that isn't as informative, but that's the messy business of democracy.""There's no case law to support banning people from doing this," Memauri continued, adding that public spaces, by definition, belong to the people. "If public officials don't want to be covered on video or audio, or photo, then they sorta missed the point ... Maybe that's not really the right position for them."He added that while official footage of city council meetings does exist, it's important to see things from the citizens' perspective as well..The JCCF has been adamant in its belief that the bylaw, which passed on April 7, infringes on the Charter rights of residents. On July 3, a legal warning was sent to the city urging officials to reconsider..Nanaimo faces legal challenge over ban on public recording and photography .Proponents of the bylaw have argued that it will hopefully dissuade creeps from taking non-consensual photos and videos of others at public parks.In an interview with The Discourse, Nanaimo Mayor Leonard Krog responded to the JCCF's challenge by focusing on that aspect of the legislation."Does anyone think it's appropriate to have adult strangers taking pictures of children in bathing costumes at the public pool?" he asked, going on to call concerns about the bylaw's impact on democracy "just silly."Anyone who violates the rules could be hit with fines, ejection from council meetings, or even a suspension from city property for up to 18 months.
