The City of Nanaimo is facing a legal threat from the Justice Centre for Constitutional Freedoms after passing bylaws that ban the public from recording city council meetings or taking photographs and video on municipal property without prior approval.In a letter sent to city officials, the Justice Centre’s legal team argues that the new rules — passed on April 7 — are unconstitutional and infringe on the Charter rights of residents.The bylaw amendments, which affect both the Council Procedure Bylaw and the Respectful Spaces Bylaw, prohibit citizens from recording public meetings or capturing images or video in any city-run facility, including parks and recreation spaces. Violations could result in fines, ejection from council meetings, or even a suspension from city property for up to 18 months..Constitutional lawyer Andre Memauri, who is representing the Justice Centre, said the move unlawfully restricts democratic rights. “Recording a public meeting of City Council clearly supports democratic discourse and truth seeking — core purposes protected by section 2(b) of the Charter,” Memauri said.The Justice Centre’s letter challenges the city’s justification for the ban, arguing that courts have consistently upheld the right to free expression in government-owned spaces when it supports democratic functions. .“There is no reasonable justification to enact a blanket ban on the recording of public Council meetings,” the letter states. “The free engagement of residents with their municipal government is a fundamental component of democracy.”The group also raised concerns about the broad and vague scope of the Respectful Spaces Bylaw. It bans photography or video in any municipal service area without offering guidance on what areas that includes or how to request permission. Critics warn the rules could be interpreted to ban ordinary family activities like taking pictures at the park or filming a child’s soccer game.The city has not yet responded publicly to the legal warning.
