Although the City of Calgary announced days ago its temporary injunction on protests in the Beltline ended because it was “no longer required,” the Justice Centre for Constitutional Freedoms (JCCF) said the city “surrendered” to public pressure..On March 18, a Court of Queen’s Bench justice, at the request of the city, granted the temporary injunction requiring citizens to “follow certain bylaws and other laws relating to assembling at parks, using amplification systems for speeches, walking on roadways, and honking horns,” said the JCCF in a statement..“The order also gave police and others assisting law enforcement various powers to ensure the order was followed, including the use of reasonable force to arrest and detain citizens.”.The injunction targeted ongoing protesters attending weekend freedom rallies in the Beltline, at times, attracting more than 10,000 people. In place of the temporary injunction, the city sought to obtain a permanent one with a hearing for the application scheduled for May 4..“Abruptly and without notice, the city’s lawyers dropped their attempt at a permanent injunction and requested that the court cancel the temporary injunction as of Tuesday, April 26” said Andre Memauri, a lawyer at the Justice Centre..“Even though the order stated that citizens could engage in ‘peaceful, lawful and safe protest’ the order still had a chilling effect on the peaceful exercise of Charter freedoms.”.JCCF President John Carpay, at the time the injunction was issued, called it an “outrageous abuse of power.”.“It seems that politicians, bureaucrats and the police chief have a very low opinion of the fundamental freedoms that have previously made Canada a great nation,” said Carpay..The JCCF said, since the order was granted, it has been assisting several individuals who “exercised their constitutional rights of peaceful assembly and freedom of expression at the rallies” and indicated those individuals had “significant concerns about the evidence put forward by the city” and inflammatory post on Twitter by city councillor Courtney Walcott..One tweet the JCCF referenced was from March 8 when Walcott said, “Many of you are frustrated with public health measures and believe they were government overreach. I disagree with you, and that’s okay.”.“Some of the people standing alongside you, leading you, endanger the safety of Calgarians and should be called out,” he said including a picture of the Capitol Hill riot in January 2021..In another tweet on March 6, Walcott said it was “white supremacy that needs to be addressed.”.“That’s the battle we need to fight today, in the Beltline. In Calgary. And across Canada.”.“While we are pleased that this restriction on Canadians’ right to freedom of expression and assembly guaranteed under the Charter is no longer in effect, we remain concerned with the city’s attempt at limiting peaceful disagreement with government and the unfounded accusations that were made about the protestors,” said Memauri..“This case involved the rights of all citizens and is of significant public interest; we had requested cross-examination of the city’s witnesses,” said Christa Nicholson of JSS Barristers, lead external counsel working with the Justice Centre on this matter..“The discontinuance of the proceedings should be welcomed. Laws, bylaws and Criminal Code provisions are in existence that specify penalties for their breach.”.“Whether the city was justified in urgently seeking court intervention to obtain the order with its wide-ranging implications for so many can no longer be tested.”.Memauri highlighted the injunction was dropped by the city ahead of the Calgary Flames’ playoffs which typically “draws hundreds or even thousands of hockey fans to the Beltline area around 17 Ave. known as the Red Mile.”.“Is their right to freely celebrate playoffs more valuable than the rights of thousands of citizens to express how their lives have been impacted in the past two years?”.Melanie Risdon is a reporter with the Western Standard.,mrisdon@westernstandard.news,.Twitter: @MelRisdon
