00:15:19.720And then Netflix picked it up called Borgen, which was basically Danish West Wing.
00:15:24.580And it was interesting, though, seeing a political show about a country like Denmark, which is, I'd say, I mean, it's smaller than Canada.
00:15:31.220But it's a country that is not particularly relevant in the global picture.
00:15:36.380But there was an interesting little arc about this where the leader that they had put in, who was meant to be the bad guy because he was the conservative.
00:15:45.380So he was like the leader of the conservative party, was in this debate.
00:15:56.220I think that understanding our limitations, which is the term I keep going back to, needs to be front and center for Canadian governments.
00:16:04.900And it doesn't mean accepting ourselves as being a failed state.
00:16:07.820It doesn't mean saying that we're nobodies.0.75
00:16:09.180It means just that we have to accept and understand that we are never going to be one of those P5 nations, one of the permanent five members of the UN Security Council.0.95
00:16:38.960Someone tell me if they've voted on this, but Calgary is debating a bylaw, Calgary city councillors, that has been derided online by civil liberties advocates.
00:16:49.400And if you look at the fine print of it, it's not all that surprising why.
00:16:52.420This is basically a municipal ban on protesting if city council doesn't seem to like who you are and what your protest is.
00:17:00.620And I am putting it in an uncharitable light, but we'll get to the details of it here with Christine Van Gein, who is the litigation director for the Canadian Constitution Foundation.
00:17:10.920Christine, good to talk to you. Thanks for coming on today.
00:17:13.560It's always great to talk to you, Andrew.
00:17:15.560So, OK, so let's be a little bit more perhaps objective than I was.
00:17:19.380What is City Council trying to do here?
00:17:21.920I actually don't disagree with your characterization.
00:17:24.260what city council is trying to do is restrict protests around city libraries and recreational
00:17:34.660buildings so like community centers for protests but it's they actually are only for specific types
00:17:43.160of protests and they define which protests cannot be around these buildings by i think it's a hundred
00:17:49.620meters. You can still protest, you just have to go 100 meters away. So the protests that they
00:17:54.920want to ban are protests that are aimed towards objection or disapproval towards an idea or
00:18:04.140action related to race, religious belief, color, gender, gender identity, gender expression,
00:18:10.200physical disability, mental disability, age, and trustee, place of origin, marital status,
00:18:14.840source of income family status or sexual orientation so um those are this the uh terms
00:18:21.800from human rights legislation but basically what it means is if you want to have an environmental
00:18:27.400protest uh you know a climate extinction march thing in front of a library that's totally fine
00:18:36.760but let's be clear what they're trying to ban here this is very clearly about the protests
00:18:44.040at libraries around drag queen story hour and you know people can have whatever their views on that
00:18:51.400are you may think that they're totally benign and family friendly or you may think that it's
00:18:56.680objectionable to have um that type of performance art for children so whatever your perspective
00:19:04.440you are no longer going to be allowed to protest this this would be uh prohibited under this bylaw
00:19:10.200to have a protest like that um in front of a library where it's taking place and look i'm not
00:19:16.040i'm not exaggerating the the topic of it is about the drag queen issue because there have been a
00:19:21.880number of these protests in calgary recently and i've been watching the debate it is not over
00:19:27.640they're currently in a closed session but it is about that it is just about that issue yeah you're
00:19:34.440right they have to add all of these other categories just so it doesn't look like it's
00:19:37.560about that one issue. I think they would make it just about Drag Queen Story Hour if they could.
00:19:42.800Yeah. Now, you've looked at this, and I know you've been commenting quite intelligently,
00:19:47.000as always, on Twitter about this. Your view is that it's completely and utterly unconstitutional,
00:19:51.120correct? Of course. The courts have long applied the principle of content neutrality
00:19:59.220in defining the scope of our protections for freedom of expression. The content of the
00:20:06.220expression, no matter how offensive, no matter how unpopular, no matter how much it might disturb
00:20:13.460you, that content does not deprive you of your right to expression. So the specific targeting
00:20:21.740of a very clear type of speech is a big problem here. How would you reconcile what you've just
00:20:31.200said with the Ontario bubble zone law about restricting protests around abortion clinics,
00:20:37.060which is very targeted to a particular type of protest. Yeah. So, I mean, I take issue with that
00:20:43.620parallel vision as well. I'm pretty clearly in the camp of freedom of expression, but even
00:20:50.020this is much further. This is just much, much, much further than abortion clinics or hospitals.
00:20:57.380there's a bubble zone around around hospitals as well and you could make an argument on the
00:21:03.000balancing you could make some argument that a health care facility should be treated differently
00:21:08.020than a community center where political debates are literally hosted between candidates so you
00:21:15.380know if you if you disagree or disapprove of a candidate a political candidate and a debate is
00:21:21.120taking place in that community center and the grounds of your objection or even disapproval
00:21:27.480um is is one of those categories you would not be able to protest and i'll give you an example
00:21:33.580and i'll give you an example of how there could be unintended consequences and i'm not giving
00:21:39.540i'll just give you an example so jk rowling is a very famous author and she uh would i'm sure many
00:21:48.360libraries would love to have her come and speak but she has also been very critical of radical
00:21:53.180gender ideology and her criticism comes from a place of feminism and sex-based rights and her
00:22:01.140if someone came to protest JK Rowling speaking at a library because they disagree with her views on
00:22:08.980gender her views on gender are actually couched in her gender they're they are form a part of her
00:22:16.780sexual identity and her sex and her gender. So those protests could actually also be prohibited0.99
00:22:24.940under this bylaw. And I guarantee you, the people at City Council would be all in favor. These
00:22:32.360people who support this bylaw restricting protests around libraries, they'd be all in favor of a
00:22:37.660protest with J.K. Rowling. But they are opposing the protests by these individuals who oppose
00:22:43.320drag queen story hour. And I want to be clear that I think that there's been some conduct by
00:22:48.760some of the protesters opposing drag queen story hour that I don't think is very civilized conduct.
00:22:55.980But the Supreme Court has affirmed that our right to expression includes the right to offensive
00:23:02.100expression. Well, and the other thing too, is that protest against an event that you don't like is
00:23:08.540the very embodiment of free speech so drag queens have a right to go and perform as drag queens0.88
00:23:14.200people that don't like drag shows around children can protest those and as long as they're not
00:23:19.440barricading the doors people can come and go they hear both sides ideally this is free speech in
00:23:24.980action people can make up their own minds and we see this unfolding all the time so this idea that
00:23:29.920on something that is a contentious issue has a city council of all bodies trying to shut down
00:23:36.380one side of it is particularly insane here. And you're right. I mean, they're very deliberate
00:23:42.280about what they're doing with this. Yeah, look, it's very clearly about this topic that the city
00:23:49.920councillors who are in favour of it are very short-sighted if they don't see how this could
00:23:54.520cause an adverse, unforeseen consequence to someone who's engaging in speech that perhaps
00:24:02.240they support. And, you know, I think it's so important for us to remember that it is just not
00:24:09.160for government to tell Canadians what we may protest and what we may not protest, that an
00:24:16.260environmental protest is acceptable, but a protest over what publicly funded arts activities are
00:24:24.160acceptable for children, you're not allowed to engage in that protest. That is not something
00:24:29.780for government to decide i don't know if uh ccf has already planned its response to this uh beyond
00:24:36.980kind of comments that have been made now but but if they do pass this bylaw which i hope they don't
00:24:41.700but if they do does someone have to be charged under it to challenge or can it be challenged
00:24:46.820just based on what it is right away it could theoretically be challenged without charges it's
00:24:53.620always better to actually have charges but we've successfully challenged legislation for example
00:24:59.380there was federal legislation about what the government calls misinformation and we've
00:25:05.700successfully challenged that legislation and had it struck down under the elections act it was
00:25:11.060elections act legislation we had that struck down without anyone ever being charged and in this case
00:25:17.540the charges are serious right the proposed penalty under this bylaw is ten thousand dollars ten
00:25:22.500thousand dollars for exercising your constitutionally protected right to protest in public
00:25:29.380Yeah, and I think with all of these things, it's meant to have a chilling effect. They don't want to, I believe, find people. They just want people to know it's illegal and to just put their tail between their legs and go home, which is, I think, how these things are most damaging. They just try to shrink the bounds of discourse.
00:25:45.740Well, I think they're also, I mean, I don't, what they're trying to do is move the protests away from the entrances, but that actually moves them onto roads, onto the sidewalk, into residential neighborhoods.
00:26:01.260But it defeats the purpose of the protest. I mean, like, I don't protest what, you know, the premier of Alberta is doing by going to Saskatchewan because I'm far away from Alberta. I protest it where it's happening if I want to protest.
00:26:13.520Of course, of course. So it would make the the protest sort of irrelevant. If you're trying to protest them, you're trying to express yourself, and they would not be very effective expression if you were only allowed to have your protest in this designated protest area.
00:26:33.160But your question about what are we planning?
00:26:36.800I mean, my hope is that they do not pass this.
00:26:39.220I always would love to see a good precedent for freedom of expression.
00:26:43.040And I think that we could get one here if we could successfully have this legislation