CITY COUNCIL WARNED OF LEGAL ACTION

JCCF Issues Legal Warning to City of Nanaimo Over Recording Ban

"Unjustified infringement of the Charter rights of Nanaimo’s residents" 

The Justice Centre for Constitutional Freedoms (JCCF) has sent a formal legal warning to the City of Nanaimo, challenging recent bylaw amendments that ban the public from recording city council meetings and restrict photography or videography on municipal property.

The Controversial Amendments
On April 7, 2025, Nanaimo Council passed changes to:
- The Council Procedure Bylaw
- The Respectful Spaces Bylaw

These changes:
- Prohibit citizens from recording council meetings without explicit permission from the chair.
- Ban photography and video in all city-owned spaces—including parks and recreation facilities—unless pre-approved.
- Introduce penalties including removal from council chambers, fines, and bans from accessing municipal property for up to 18 months.

Constitutional Concerns
JCCF lawyer Andre Memauri argues the bylaws infringe on Section 2(b) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of expression, including political expression in public spaces.

“Recording a public meeting of City Council clearly supports democratic discourse and truth seeking,” said Memauri.

Courts have long upheld that democratic expression in government-owned spaces is protected—particularly when it involves holding elected officials accountable.

Unclear and Overreaching Language
The JCCF letter warns the Respectful Spaces Bylaw is so broadly written that it could criminalize:
- Taking a photo of your kids in a city park
- Filming a public event on city property
- Documenting poor city services for public awareness

The lack of clear definitions or a transparent approval process creates a chilling effect on public engagement and sets a dangerous precedent.

Why This Matters
This legal challenge shines a spotlight on Nanaimo City Council’s growing hostility toward public accountability. Bylaws that restrict basic democratic activity—like recording a public meeting—signal an erosion of transparency, not a defense of respectful conduct.

Council has not publicly responded to the legal warning.

Next Steps for Citizens:
- Ask your councillor where they stand on these bylaw changes.
- Attend meetings and speak out (without recording, for now).
- Support open government organizations like the JCCF.

Voice of Nanaimo will continue tracking this story closely.