The City of Calgary has dropped all charges against two men who were issued tickets after reportedly having a private conversation en route to the “1 Million March for Children” due to a complaint from an unknown city transit user in September. The Democracy Fund (TDF) litigation director Alan Honner, who is the lawyer for both men, received an email from the City of Calgary stating that the charges had been withdrawn and no court appearance would be required, according to a TDF news release.
The charges were reportedly laid in connection with the two men having a private conversation with a “like-minded passenger” on a mostly empty train while on their way to the “1 Million March 4 Children,” part of Canada-wide demonstrations protesting gender ideology being taught in schools. One of the men was handcuffed after exiting the Calgary C-Train and both were served with a November court summons by transit authorities. The bylaw used to lay the charges prohibits anyone on transit property from engaging in activity that would “interfere with the comfort, convenience, or quiet use and enjoyment of the transit system of any reasonable person.”
Mr. Honner stated that despite having made two requests for information about the case, he had yet to receive disclosure. Now that the charges have been dropped, the city no longer needs to release disclosure. He said he would meet with his clients to determine if they wish to pursue the issue of disclosure “through another legal avenue.”
The TDF, a civil liberties organization, expressed its concern about bylaws that hinder private communications, such as Calgary’s Safe & Inclusive Access Bylaw, which prohibits protests within 100 meters of public facilities like pools, recreation centers, and libraries, regarding expressions of “objection or disapproval” related to various characteristics. Canadian Constitution Foundation (CCF) lawyer Joanna Baron believes that the City of Calgary’s bylaw goes beyond what is considered an appropriate limit on free speech by the Supreme Court. She emphasized that harmful behaviors are regulated by the Criminal Code, and such bylaws restricting free speech violate the constitutional rights of citizens.
Mr. Honner previously stated that Calgary’s bylaw could potentially restrict protests against issues backed by a majority of people. He indicated that the bylaw raises concerns because it could limit protests against issues like anti-Semitism, which is likely not what the council intended.