The Town of Whitby has quietly reversed its ban on recording public meetings after being warned the rule violated Canadians’ Charter right to free expression.Council voted Monday to amend its by-law to permit members of the public to record council and committee meetings, ending a blanket prohibition that had blocked residents from using personal recording devices. The town acknowledged the review was triggered by an inquiry from the Justice Centre for Constitutional Freedoms.The policy change follows a legal warning sent to council on behalf of Durham Region resident Jeanette Miller, who was stopped from recording her own public delegation at a Whitby Sustainability Committee meeting in June 2025. Lawyers argued the ban could not be justified in a free and democratic society and unlawfully limited freedom of expression.With the amendments now adopted, Whitby’s rules have been brought into line with constitutional requirements, restoring the ability of residents to document, share and scrutinize their interactions with local government..Justice Centre constitutional lawyer Darren Leung said recording public meetings is a cornerstone of transparency and accountability and is protected under section 2(b) of the Charter. He said allowing recordings as long as they do not disrupt proceedings strikes a reasonable and constitutional balance.Leung said the decision shows municipalities can respect Charter rights without being dragged into court when concerns are raised early. The Justice Centre welcomed the move, calling it a win for residents seeking open and accountable local government.
