Legal Group Files Challenge of Calgary Bylaw Banning Protests of Drag Queen Story Hour

A protestor maintains a 100 meter distance from a drag queen story hour being held at a public library in Calgary, Alberta on Monday, March 27, 2023. Under a bylaw, certain protests are not allowed. Jeff McIntosh/The Canadian Press

The Canadian Constitution Foundation (CCF) says it is bringing legal action to challenge the City of Calgary’s bylaw prohibiting certain types of protests in the vicinity of libraries, swimming pools, and recreation centres.

CCF announced in a May 15 news release that the organization has filed an application for judicial review to challenge the Safe and Inclusive Access Bylaw, which Calgary’s city council voted in favour of passing on March 14, 2023. CCF is a registered charity whose stated mission is to “defend the constitutionally protected rights and freedoms of Canadians.”

The Calgary bylaw, which is already in effect, bans “specified protests” inside and within 100 metres of city libraries and recreation centres, following a number of protests against transgender individuals being allowed in pool change rooms and drag queen story hour events for children in public libraries.

The specific types of protests banned by the bylaw are those that express “objection or disapproval” toward ideas or actions related to “race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation,” according to a March 14 city council release.

The bylaw carries significant penalties, including a $10,000 fine and jail time. It was passed by a 10-5 vote, using an expedited procedure that excluded the usual committee meetings and public consultation process.

“Libraries are places for learning, debate and discovery. Recreation facilities and libraries can and do quite literally play host to political debates during elections,” said Christine Van Geyn, CCF litigation director, in the news release.

She said the bylaw has the effect of silencing debate around places where debate was intended to happen.

“Under the bylaw, the government would permit a pipeline protest but could prohibit a protest about female genital mutilation as a religious practice, or a protest about medical assistance in dying, or even a protest related to international armed conflict,” suggests Van Geyn.

She said the bylaw “will also chill other speech that may not fall within the definition of ‘specified protest’, but which the public may fear could attract state sanction due to uncertainty in enforcement or application of the bylaw.”’

“The bylaw must be struck down,” she added.

Protestors in favour of drag queen story hour gather for a "Reading with Royalty" event as police look on at a library branch in Calgary, Alberta, on Monday, March 27, 2023. This protest is not banned under the bylaw because it does not express "objection or disapproval". Jeff McIntosh/The Canadian Press

‘Overly Broad’

Calgary Mayor Jyoti Gondek posted on Twitter in February 2023 that she had pushed for the bylaw as a way to “address protests rooted in hatred.”

“We have performers being targeted for weeks & now vitriol in front of children at the library. These are not peaceful protests. This is hate. The kind of hate we rallied against for so long,” said the mayor.

On Feb. 10, Gondek posted a video clip of a Jan. 17 city council meeting on Twitter, where she stated, “Unfortunately, some members of our population thought it would be a good idea to protest this event, which is, I’m just going to use my opinion, a horrible thing to do.”

Natalie Johnson, a constitutional lawyer with Alberta law firm Grey Wowk Spencer, told The Epoch Times in March that the bylaw “has the potential to regulate activity that the Mayor or City Council do not agree with,” and infringes on the fundamental Charter rights and freedoms of expression, religion, and association.

“The wording is overly broad and ripe for misuse: it prohibits ‘objection or disapproval towards an idea or action,’” she said.

The CCF, sharing a similar viewpoint, is bringing a judicial review.

“It is not for the government to tell Canadians what they may or may not protest. This proposed bylaw and the $10,000 fine and threat of jail time is unconstitutional and should never have been passed,” said Van Geyn.

The CCF, which is funded by voluntary donations, is bringing the legal action as a public interest litigant, allowing them to challenge the law as an interested party, without direct involvement in the matter. This type of litigation is typically used by civil rights groups to fight laws that are considered unjust even without an active plaintiff or applicant.