After legal warning, Powell River Public Library allows event to proceed

Diane Sparks v. Powell River Public Library

After legal warning, Powell River Public Library allows event to proceed

Diane Sparks v. Powell River Public Library

In 2021, the west coast Tla’amin First Nation requested that the City of Powell River in British Columbia change its name. The Tla’amin claims that the city’s namesake, Israel Wood Powell (1836-1915), was involved in the residential school system. Powell was appointed Superintendent of Indian Affairs in British Columbia in 1872.

The City formed a working group, leading to a city-wide consultation in 2022. That consultation was inconclusive. In July 2022, the working group released a report showing broad opposition to the proposed change. The issue captured broader public attention when The New Westminster Times published the story of Ted Vizzutti, a paramedic born and raised in Powell River, who was fired after he publicly opposed the proposed change. Vizzutti has filed a discrimination complaint against the BC Emergency Health Services with the BC Human Rights Tribunal.

On June 10, 2024, Diane Sparks booked space at the Powell River City Library to host presentations and public discussion on the proposed name change. The Library confirmed the booking, scheduled for July 8, 2024. Ms. Sparks then booked speakers, including academic Frances Widdowson, Powell River local and amateur historian Arthur Richards, and Ted Vizzutti.

Not long after, the Library demanded further information from Ms. Sparks, including the panel topic, speaker names, and summaries of proposed presentations. The Library indicated that Library Council consent was required before the space could be “confirmed.” It appeared that the Library was contemplating cancelling the event.

On June 13, 2024, the Justice Centre sent a legal warning letter to the Chief Librarian of the Powell River Public Library, Rebecca Burbank, advising the Library that it should not cancel an event organized by people opposed to the proposed name change for Powell River. 

Earlier in the year, in connection with the Tla’amin First Nation’s name change proposal, Sean Carleton spoke at the Powell River Public Library on the topic of “Who was Israel Wood Powell?” In his February 10, 2024 presentation, and on social media, Mr. Carleton said he agreed with the proposed name change. His event addressed what he called “complicity in colonial schooling” and the “origins of settler colonial rule in British Columbia.” The Library permitted the use of its space for this expressive purpose.

As a municipal library established under section 3 of the Library Act, the Powell River Public Library is subject to the Canadian Charter of Rights and Freedoms in its operations. Section 2(b) of the Charter protects the fundamental freedom of expression. The Library may not interfere with the content of expressive activity.

Glenn Blackett, lawyer for Diane Sparks and Frances Widdowson, stated after the letter was sent: “Quite apart from the Library’s constitutional duties, it would be a sad failure for a library, of all places, to suppress public access to information. We are urging the Library to respect citizens’ Charter rights and the Library’s legal obligations by allowing the event to proceed on July 8, 2024.”

After receiving the warning letter, the Library reconsidered its position, and the event was held on July 8, 2024, as initially planned.

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