POWELL RIVER, BC: The Justice Centre for Constitutional Freedoms announces that our lawyers have sent a demand letter to the City of Powell River on behalf of resident Patricia Martin. The letter demands that the City amend and delete sections of proposed policies and procedures that could be used to censor citizens concerned with a proposed change to the name of Powell River. The letter also asserts that some councillors have been biased throughout the proceedings and must recuse themselves from discussions and abstain from voting on issues surrounding the proposed change.
In a June 21, 2021 letter, Tla’amin Nation demanded that the City change its name, objecting to the City’s historical namesake, Israel Wood Powell (1836-1915). They claimed Powell was involved in promoting the residential school system. Powell was appointed Superintendent of Indian Affairs in British Columbia in 1872. Tla’amin Nation became a self-governing nation in 2016.
Following months of tense consultations, City Council is now considering a new Council Procedure Bylaw and amendments to its Code of Conduct policy that seem likely to be used to suppress the expression of residents concerned with the proposed change. The new policies would silence people who use “disrespectful language, make defamatory statements, allegations, inferences.” In the past, city councillors have tried to censor dissenting members of the public for “disrespect,” “hate,” etc.
The proposed Procedure Bylaw states,
“Members of the public who, when providing input use disrespectful language, make defamatory statements, allegations, inferences etc. will be asked to stop speaking immediately, be given the opportunity to apologize and adjust their comments accordingly. If the member of the public continues to speak disrespectfully, the presiding member will immediately advise the member to once again stop speaking or advise them to return to their seat in the gallery or leave the meeting room.”
Any participant considered guilty of infractions could be expelled from public meetings, according to the proposed bylaw.
The letter also states that two councillors have demonstrated irredeemable bias and must recuse themselves from further debate related to the potential name change.
In response, our lawyers sent a demand letter to the City of Powell River on behalf of Patricia Martin on August 26, 2024. The letter argues that the proposed Council Procedure Bylaw and Code of Conduct amendments violate the freedoms of conscience and expression, protected by sections 2(a) and 2(b) of the Canadian Charter of Rights and Freedoms. The new policies and proposed Council Procedure Bylaw contain terms which would limit the content of expression at City Council meetings, which is undemocratic and exceeds the Council’s legal jurisdiction.
This is not the first time government officials within Powell River have entertained censorship of public discourse in Powell River.
On June 10, 2024, event organizer Diane Sparks booked space at the Powell River City Library to host a July 8 public meeting about the proposed name change. The Library confirmed the event, which was to feature speakers such as Canadian political scientist Frances Widdowson, Powell River amateur historian Arthur Richards, and paramedic Ted Vizzutti, who was fired after he publicly opposed the proposed name change. Later, the Library demanded further information about the event from Ms. Sparks, including the panel topic, speaker names, and talk summaries. The Library indicated the event could be cancelled if not approved by the Library Board. In response, our lawyers sent a legal warning to the Library, which is subject to the Canadian Charter of Rights and Freedoms in its operations. In a victory for the citizens of Powell River, the Library heeded the legal warning, and the event proceeded as planned.
Patricia Martin stated, “In March 2024, I stood before Powell River’s City Council requesting they obtain a legal opinion on whether some councillors were in a non-pecuniary conflict of interest regarding the City’s proposed name change. At the March 21, 2024 Council meeting, Mayor Ron Woznow’s motion to do just that was defeated. Without Council’s support, my only option was to personally seek a legal opinion. I believe in the rule of law and the Canadian Charter of Rights and Freedoms. I am committed to ensuring that free speech prevails and that there is no conflict of interest in the process. I also believe in using a democratic process when determining whether the City will change its name.”
“I’d like to thank the Justice Centre for Constitutional Freedoms for taking on my case, which involves not only a conflict of interest but a flawed public engagement process and violations of the Charter,” Ms. Martin continued.
Lawyer Glenn Blackett says, “Ms. Martin is reasonably concerned about the state of democracy in Powell River. Some members of City Council seem to think ‘public consultation’ is less about listening to citizens’ thoughts and more about correcting citizen wrongthink through ‘education.’ I hope to remind Council that democracy is about open debate, including expression people might find wrong and offensive. To bubble-wrap democracy is to suffocate it.”
