NANAIMO CITY HALL VIOLATES FREEDOM OF EXPRESSION

 

Editorial: When Silence Is a Violation – The Case Against Gag Orders at City Hall

By Jim Taylor | Voice of Nanaimo

In a free and democratic society, silence should be a choice—not a condition of entry.

Yet, in Nanaimo City Hall, it appears the public’s right to express themselves has been reduced to something negotiable, even disposable. Citizens attending council meetings are routinely warned that any form of expression—be it a respectful interjection, a quiet word of protest, or even a discreet recording—will not be tolerated.

This is not just discouraging. It may be unconstitutional.

Section 2(b) of the Canadian Charter of Rights and Freedoms guarantees “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” That’s a right not just to speak, but to record, to observe, and to participate. These rights are not erased when you walk into a council chamber.

Yes, Section 1 of the Charter allows for “reasonable limits” on freedoms, but those limits must not be arbitrary or excessive. They must be demonstrably justified in a free and democratic society.

Blanket bans on public expression inside public meetings are neither reasonable nor justified. They do not distinguish between disorderly disruption and peaceful expression. They do not allow for nuance, balance, or discretion. They are designed for control—not for engagement.

We must ask: What kind of democracy are we running if a citizen can be arrested and jailed for three hours for respectfully speaking up at a city meeting—while the official video omits any reference to the event?

If city hall wishes to maintain order, it can do so through measured policy and respectful enforcement—not through silencing the public wholesale. It's time our local leaders reacquaint themselves with the Charter—and start treating citizens like participants in democracy, not intruders on a private board meeting.