Calgary Judge Affirms Safe Access Bylaw Amid Protest Challenges

A judge from the Court of King’s Bench has upheld Calgary’s safe and inclusive access bylaw, dismissing a constitutional challenge from the Canadian Constitution Foundation (CCF). This decision comes after a judicial review sought to assess the bylaw’s reasonableness and the city’s authority to implement it, while also challenging its alignment with the Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights.

The bylaw, enacted in March 2023, prohibits protests within 100 metres of entrances to all Calgary Public Library locations, recreation centres, and other city-affiliated facilities when those demonstrations express opposition to concepts 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.”

In a detailed ruling, Justice Shane Parker stated that the city acted within its rights under the Municipal Government Act and fulfilled its obligations under the Alberta Human Rights Act. He noted, “I find that the City carefully crafted this bylaw for the competing interests of their citizens. Council reasonably followed statutory provisions and natural justice in enacting the SIA Bylaw.” The judge concluded that the CCF had not successfully demonstrated that the bylaw was invalid.

The CCF’s challenge argued that the bylaw was enacted in bad faith, was overly broad, and constituted an “unprecedented” restriction on public discourse. Christine Van Geyn, litigation director for the CCF, asserted that the bylaw infringes upon fundamental freedoms guaranteed by both the Charter and the Alberta Bill of Rights, warning that it establishes “a dangerous precedent” for public engagement.

Calgary introduced the bylaw in response to a series of protests outside city pools and libraries, primarily targeting the LGBTQ+ community. Many of these protests were directed against all-ages LGBTQ+ events and policies that allow transgender individuals to use facilities corresponding with their gender identity.

This ruling marks a significant moment in the ongoing debate over rights, freedoms, and public discourse in Canada. As cities grapple with balancing community safety and individual rights, the implications of this decision may resonate beyond Calgary, influencing similar discussions in other jurisdictions.