The Town of Whitby is facing a potential legal challenge after the Justice Centre for Constitutional Freedoms warned its council that a policy banning members of the public from recording meetings violates the Charter.The warning letter, sent on behalf of Jeanette Miller, a retired insurance broker and Durham Region resident, demands that the town repeal the policy. Miller was blocked from recording her own delegation at a Whitby Sustainability Committee meeting on June 4, 2025, where she spoke on climate and energy policy as a volunteer with Canadians for Sensible Climate Policy.Miller said she wanted to record her presentation to share it with others as an example of citizen participation in local government. Two minutes into her delegation, a committee member interrupted her and informed her that the town prohibits audio and video recording by members of the public. Her request to access a copy of the town’s recording of her presentation was also denied..Constitutional lawyer Darren Leung said the ban infringes on Canadians’ right to free expression under section 2(b) of the Charter. “Recording and sharing public meetings is a form of expression protected by the Charter. While there are limited circumstances where governments may restrict recording, an open meeting of town council is not one of them,” Leung said.He added that Whitby’s policy undermines transparency and democratic accountability and must be repealed to comply with constitutional rights.
