Is curtailing free speech and censoring blasphemous language in public spaces a relic of the past or something that must be upheld to maintain public decorum?
The Canadian Constitution Foundation (CCF) thinks the former. Earlier this week, ѻýthe charity dedicated to defending constitutional rights and freedomsѻý awarded its inaugural Municipal Muzzle Award, calling out municipal bylaws across the country that restrict free expression.
Although Calgary took top spot for its ѻýOrwellian-namedѻý Safe and Inclusive Access Bylaw, the organization gave an honourable mention to a 1997 Saanich bylaw among 80 communities across Canada.
Section 15 of the districtѻýs Park Management and Control Bylaw prohibits ѻýprofane swearing or indecent, obscene, blasphemous, or grossly insulting languageѻý in parks and on beaches.
Coun. Teale Phelps-Bondaroff, who welcomed the news with a laugh, agreed with the CCFѻýs stance.
ѻýWhen I first was elected to Saanich council, I reviewed all of the important bylaws in the district, and I also noticed that it is technically prohibited to blaspheme in Saanich parks, and that of course is just unconstitutional,ѻý he said. "It's something that should not be in our bylaws and it's been on my to-do list to change.ѻý
The longtime advocate for secularism and government neutrality believes the term "blasphemy" ѻý the act of speaking sacrilegiously about God or sacred things ѻý is antiquated and belongs in the archives of the past.
ѻýWe as a municipality do not have the ability to determine what constitutes blasphemy,ѻý he said. ѻýTherefore, it would be impossible for us to enforce this specific bylaw.ѻý
ѻýWe can't get involved in issues relating to religion; the state has to abstain from making judgments in that respect.ѻý
The councillor also noted the bylawѻýs inherently ѻýincredibly subjectiveѻý nature, which makes its enforcement nearly impossible.
ѻýThere's thousands of religions in the world, and some actions that are everyday practices for some folks would be considered blasphemous for other folks,ѻý he said.
That said, Phelps Bondaroff agrees, to some extent, with the intent behind the regulation, which is ultimately aimed at maintaining public decorum in Saanichѻýs public spaces.
ѻýIt's entirely reasonable to have expectations on good behaviour for public spaces,ѻý he said. ѻýWe want to make sure that our public spaces are welcoming to all people.ѻý